29 U.S.C. § 1191c — Regulations

Page 615 TITLE 29—LABOR § 1191d 1 So in original. Probably should be ‘‘subsection (a).’’ 2 So in original. Definition in subsec. (c) does not contain hy- phen in ‘‘All Payer’’. 18001(b)(3) of Pub. L. 114–255, set out as a note under section 1167 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–233 applicable with re- spect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 101(f)(2) of Pub. L. 110–233, set out as a note under section 1132 of this title. EFFECTIVE DATE Section applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title. § 1191c. Regulations 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 part. The Secretary may promulgate any interim final rules as the Sec- retary determines are appropriate to carry out this part. (Pub. L. 93–406, title I, § 734, formerly § 707, as added Pub. L. 104–191, title I, § 101(a), Aug. 21, 1996, 110 Stat. 1951; renumbered § 734, Pub. L. 104–204, title VI, § 603(a)(3), Sept. 26, 1996, 110 Stat. 2935.) Editorial Notes REFERENCES IN TEXT Section 104 of the Health Care Portability and Ac- countability Act of 1996, referred to in text, probably means section 104 of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104–191, which is set out as a note under section 300gg–92 of Title 42, The Public Health and Welfare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title. § 1191d. Standardized reporting format (a) In general Not later than 1 year after December 27, 2020, the Secretary shall establish (and periodically update) a standardized reporting format for the voluntary reporting, by group health plans to State All Payer Claims Databases, of medical claims, pharmacy claims, dental claims, and eli- gibility and provider files that are collected from private and public payers, and shall pro- vide guidance to States on the process by which States may collect such data from such plans in the standardized reporting format. (b) Consultation (1) Advisory Committee Not later than 90 days after December 27, 2020, the Secretary shall convene an Advisory Committee (referred to in this section as the ‘‘Committee’’), consisting of 15 members to ad- vise the Secretary regarding the format and guidance described in paragraph (1).1 (2) Membership (A) Appointment In accordance with subparagraph (B), not later than 90 days after December 27, 2020, the Secretary, in coordination with the Sec- retary of Health and Human Services, shall appoint under subparagraph (B)(iii), and the Comptroller General of the United States shall appoint under subparagraph (B)(iv), members who have distinguished themselves in the fields of health services research, health economics, health informatics, data privacy and security, or the governance of State All Payer Claims Databases, or who represent organizations likely to submit data to or use the database, including pa- tients, employers, or employee organizations that sponsor group health plans, health care providers, health insurance issuers, or third- party administrators of group health plans. Such members shall serve 3-year terms on a staggered basis. Vacancies on the Com- mittee shall be filled by appointment con- sistent with this paragraph not later than 3 months after the vacancy arises. (B) Composition The Committee shall be comprised of— (i) the Assistant Secretary of Employee Benefits and Security Administration of the Department of Labor, or a designee of such Assistant Secretary; (ii) the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, or a designee of such Assistant Secretary; (iii) members appointed by the Sec- retary, in coordination with the Secretary of Health and Human Services, including— (I) 1 member to serve as the chair of the Committee; (II) 1 representative of the Centers for Medicare & Medicaid Services; (III) 1 representative of the Agency for Healthcare Research and Quality; (IV) 1 representative of the Office for Civil Rights of the Department of Health and Human Services with expertise in data privacy and security; (V) 1 representative of the National Center for Health Statistics; (VI) 1 representative of the Office of the National Coordinator for Health In- formation Technology; and (VII) 1 representative of a State All- Payer 2 Claims Database; (iv) members appointed by the Comp- troller General of the United States, in- cluding— (I) 1 representative of an employer that sponsors a group health plan; (II) 1 representative of an employee or- ganization that sponsors a group health plan; (III) 1 academic researcher with exper- tise in health economics or health serv- ices research;