29 U.S.C. § 1191d — Standardized reporting format

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; Page 616 TITLE 29—LABOR § 1193 (IV) 1 consumer advocate; and (V) 2 additional members. (3) Report Not later than 180 days after December 27, 2020, the Committee shall report to the Sec- retary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce and the Committee on Education and Labor of the House of Representatives. Such report shall include recommendations on the establish- ment of the format and guidance described in subsection (a). (c) State All Payer Claims Database In this section, the term ‘‘State All Payer Claims Database’’ means, with respect to a State, a database that may include medical claims, pharmacy claims, dental claims, and eli- gibility and provider files, which are collected from private and public payers. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2021, to remain available until expended or, if sooner, until the date described in subsection (e). (e) Sunset Beginning on the date on which the report is submitted under subsection (b)(3), subsection (b) shall have no force or effect. (Pub. L. 93–406, title I, § 735, as added Pub. L. 116–260, div. BB, title I, § 115(b), Dec. 27, 2020, 134 Stat. 2877.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. PART 8—PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS § 1193. Pension-linked emergency savings ac- counts (a) In general A plan sponsor of an individual account plan may— (1) include in such individual account plan a pension-linked emergency savings account meeting the requirements of subsection (c); and (2)(A) offer to enroll an eligible participant in such pension-linked emergency savings ac- count; or (B) automatically enroll an eligible partici- pant in such account pursuant to an auto- matic contribution arrangement described in paragraph (2) of subsection (c). (b) Eligible participant (1) In general For purposes of this part, the term ‘‘eligible participant’’, with regard to an individual ac- count plan, means an individual who— (A) meets any age, service, and other eligi- bility requirements of the plan; and (B) is not a highly compensated employee. (2) Eligible participant who becomes a highly compensated employee Notwithstanding paragraph (1)(B), an indi- vidual who is enrolled in a pension-linked emergency savings account and thereafter be- comes a highly compensated employee may not make further contributions to such ac- count, but retains the right to withdraw any account balance of such account in accordance with subsection (c)(1)(A)(ii). (3) Definition For purposes of this subsection, the term ‘‘highly compensated employee’’ has the meaning given the term in section 414(q) of title 26. (c) Account requirements (1) In general A pension-linked emergency savings ac- count— (A) shall— (i) not have a minimum contribution or account balance requirement; (ii) allow for withdrawal by the partici- pant of the account balance, in whole or in part at the discretion of the participant, at least once per calendar month and for dis- tribution of such withdrawal to the partic- ipant as soon as practicable from the date on which the participant elects to make such withdrawal; and (iii) be, as selected by the plan sponsor, held as cash, in an interest-bearing deposit account, or in an investment product— (I) designed to— (aa) maintain over the term of the investment, the dollar value that is equal to the amount invested in the product; and (bb) preserve principal and provide a reasonable rate of return, whether or not such return is guaranteed, con- sistent with the need for liquidity; and (II) offered by a State- or federally-reg- ulated financial institution; (B) may be subject to, as permitted by the Secretary, reasonable restrictions; and (C)(i) may not, for not less than the first 4 withdrawals of funds from the account in a plan year, be subject to any fees or charges solely on the basis of such a withdrawal; and (ii) may, for any subsequent withdrawal in a plan year, be subject to reasonable fees or charges in connection with such a with- drawal, including reasonable reimbursement fees imposed for the incidental costs of han- dling of paper checks. (2) Establishment and termination of account (A) Establishment of account The pension-linked emergency savings ac- count feature shall be included in the plan document of the individual account plan. Such individual account plan shall— (i) separately account for contributions to the pension-linked emergency savings account of the individual account plan and any earnings properly allocable to the con- tributions;