Under 29 CFR 2590.701-3(c), a group health plan may not impose a pre-existing condition exclusion on a participant unless the participant has been notified of the plan's provisions regarding the right to establish prior creditable coverage. Section 2590.701-5(d) also requires that plans inform a participant in writing of any determination to impose a pre-existing condition exclusion against him or her.
US Code:
29 USC 1181
Name of Law: ERISA (as revised by HIPAA)
There are no program changes to this ICR since the last submission of an 83-C Change Worksheet in 2004. The Department has updated the number of plans (respondents) based on more recent information and has revised its methods for determining number of responses, which has caused in increase in that number and a corresponding increase in the hour burden. The assumptions for costs (wage rates, postage, etc.) have also been updated, causing an increase in the annual cost burden.
$0
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Susan Lahne 202 693-8500
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
HIPAA 1210-0102ss06.doc
Individual Notice of Preexisting Condition Exclusion under Group Health Plans