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29 U.S.C. § 1152 — Coordination of enforcement regarding violations of certain health care provider requirements; complaint process
Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigating violations** Upon receiving a notice from a State or the Secretary of Health and Human Services of violations of sections 300gg–131, 300gg–132, or 300gg–135 of title 42, the Secretary of Labor shall identify patterns of such violations with respect to participants or beneficiaries under a group health plan or group health insurance coverage offered by a health insurance issuer and conduct an investigation pursuant to [section 1134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1134&num=0&edition=prelim) where appropriate, as determined by the Secretary. The Secretary shall coordinate with States and the Secretary of Health and Human Services, in accordance with [section 1136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1136&num=0&edition=prelim) and with section 104 of Health Insurance Portability and Accountability Act of 1996, where appropriate, as determined by the Secretary, to ensure that appropriate measures have been taken to correct such violations retrospectively and prospectively with respect to participants or beneficiaries under a group health plan or group health insurance coverage offered by a health insurance issuer.
**(b) Complaint process** Not later than January 1, 2022, the Secretary shall ensure a process under which the Secretary—
(1) may receive complaints from participants and beneficiaries of group health plans or group health insurance coverage offered by a health insurance issuer relating to alleged violations of the sections specified in subsection (a); and
(2) transmits such complaints to States or the Secretary of Health and Human Services (as determined appropriate by the Secretary) for potential enforcement actions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1152
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Stable record: federal_law:legal_authorities:record_usc_277c52f640cce3f6da78dd0d
Source file: Laws/federal/codes/united-states-code/title-29/section-1152-coordination-of-enforcement-regarding-violations-of-certain-health-care--8153d8a44e.md
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Source location: Title 29, Chapter 18, § 1152; chapter-018-employee-retirement-income-security-program.md
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**(a) Investigating violations** Upon receiving a notice from a State or the Secretary of Health and Human Services of violations of sections 300gg–131, 300gg–132, or 300gg–135 of title 42, the Secretary of Labor shall identify patterns of such violations with respect to participants or beneficiaries under a group health plan or group health insurance coverage offered by a health insurance issuer and conduct an investigation pursuant to [section 1134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1134&num=0&edition=prelim) where appropriate, as determined by the Secretary. The Secretary shall coordinate with States and the Secretary of Health and Human Services, in accordance with [section 1136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1136&num=0&edition=prelim) and with section 104 of Health Insurance Portability and Accountability Act of 1996, where appropriate, as determined by the Secretary, to ensure that appropriate measures have been taken to correct such violations retrospectively and prospectively with respect to participants or beneficiaries under a group health plan or group health insurance coverage offered by a health insurance issuer.
**(b) Complaint process** Not later than January 1, 2022, the Secretary shall ensure a process under which the Secretary—
(1) may receive complaints from participants and beneficiaries of group health plans or group health insurance coverage offered by a health insurance issuer relating to alleged violations of the sections specified in subsection (a); and
(2) transmits such complaints to States or the Secretary of Health and Human Services (as determined appropriate by the Secretary) for potential enforcement actions.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary, consistent with section 104 of the Health Care Portability and Accountability Act of 1996, may promulgate such regulations as may be necessary or appropriate to carry out the provisions of this subchapter. The Secretary may promulgate any interim final rules as the Secretary determines are appropriate to carry out this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300gg–92
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigation and submission of reports, books, etc.** The Secretary shall have the power, in order to determine whether any person has violated or is about to violate any provision of this subchapter or any regulation or order thereunder—
(1) to make an investigation, and in connection therewith to require the submission of reports, books, and records, and the filing of data in support of any information required to be filed with the Secretary under this subchapter, and
(2) to enter such places, inspect such books and records and question such persons as he may deem necessary to enable him to determine the facts relative to such investigation, if he has reasonable cause to believe there may exist a violation of this subchapter or any rule or regulation issued thereunder or if the entry is pursuant to an agreement with the plan.
The Secretary may make available to any person actually affected by any matter which is the subject of an investigation under this section, and to any department or agency of the United States, information concerning any matter which may be the subject of such investigation; except that any information obtained by the Secretary pursuant to [section 6103(g) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6103/g&num=0&edition=prelim) shall be made available only in accordance with regulations prescribed by the Secretary of the Treasury.
**(b) Frequency of submission of books and records** The Secretary may not under the authority of this section require any plan to submit to the Secretary any books or records of the plan more than once in any 12 month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order thereunder.
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Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1134
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Coordination with other agencies and departments** In order to avoid unnecessary expense and duplication of functions among Government agencies, the Secretary may make such arrangements or agreements for cooperation or mutual assistance in the performance of his functions under this subchapter and the functions of any such agency as he may find to be practicable and consistent with law. The Secretary may utilize, on a reimbursable or other basis, the facilities or services of any department, agency, or establishment of the United States or of any State or political subdivision of a State, including the services of any of its employees, with the lawful consent of such department, agency, or establishment; and each department, agency, or establishment of the United States is authorized and directed to cooperate with the Secretary and, to the extent permitted by law, to provide such information and facilities as he may request for his assistance in the performance of his functions under this subchapter. The Attorney General or his representative shall receive from the Secretary for appropriate action such evidence developed in the performance of his functions under this subchapter as may be found to warrant consideration for criminal prosecution under the provisions of this subchapter or other Federal law.
**(b) Responsibility for detecting and investigating civil and criminal violations of this subchapter and related Federal laws** The Secretary shall have the responsibility and authority to detect and investigate and refer, where appropriate, civil and criminal violations related to the provisions of this subchapter and other related Federal laws, including the detection, investigation, and appropriate referrals of related violations of title 18. Nothing in this s
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1136
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Federal law — U.S. Code and appendices · legal_authorities
Page 556
TITLE 29—LABOR
§ 1152
(f) Regulations
The Secretary may promulgate such regula-
tions or other guidance as may be necessary or
appropriate to carry out this section.
(g) Exception
This section shall not apply to any plan or ar-
rangement that does not fall within the mean-
ing of the term ‘‘multiple employer welfare ar-
rangement’’ under section 1002(40)(A) of this
title.
(Pub. L. 93–406, title I, § 521, as added Pub. L.
111–148, title VI, § 6605(a), Mar. 23, 2010, 124 Stat.
780.)
§ 1152. Coordination of enforcement regarding
violations of certain health care provider re-
quirements; complaint process
(a) Investigating violations
Upon receiving a notice from a State or the
Secretary of Health and Human Services of vio-
lations of sections 300gg–131, 300gg–132, or
300gg–135 of title 42, the Secretary of Labor shall
identify patterns of such violations with respect
to participants or beneficiaries under a group
health plan or group health insurance coverage
offered by a health insurance issuer and conduct
an investigation pursuant to section 1134 of this
title where appropriate, as determined by the
Secretary. The Secretary shall coordinate with
States and the Secretary of Health and Human
Services, in accordance with section 1136 of this
title and with section 104 of Health Insurance
Portability and Accountability Act of 1996,
where appropriate, as determined by the Sec-
retary, to ensure that appropriate measures
have been taken to correct such violations ret-
rospectively and prospectively with respect to
participants or beneficiaries under a group
health plan or group health insurance coverage
offered by a health insurance issuer.
(b) Complaint process
Not later than January 1, 2022, the Secretary
shall ensure a process under
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1152
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