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Title 29 — LaborRelease 119-73

§1152 Coordination of enforcement regarding violations of certain health care provider requirements; complaint process

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 5— - administration and enforcement › § 1152

Last updated Apr 6, 2026|Official source

Summary

When a State or the Secretary of Health and Human Services tells the Labor Secretary about breaches of sections 300gg–131, 300gg–132, or 300gg–135 of title 42, the Labor Secretary must look for patterns of those breaches among people in group health plans or group health insurance. The Labor Secretary must investigate when appropriate under section 1134. The Labor Secretary must also work with States and HHS, under section 1136 and section 104 of HIPAA, to make sure the problems are fixed for people who were harmed and steps are taken to stop them from happening again. By January 1, 2022, the Labor Secretary must have a way to take complaints from plan participants and beneficiaries about those alleged breaches and to send the complaints to States or HHS for possible enforcement.

Full Legal Text

Title 29, §1152

Labor — Source: USLM XML via OLRC

(a)Upon receiving a notice from a State or the Secretary of Health and Human Services of violations of section 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 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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 104 of Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a), is section 104 of Pub. L. 104–191, which is set out as a note under section 300gg–92 of Title 42, The Public Health and Welfare.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1152

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73