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Title 29 — LaborRelease 119-73not60

§1152 Coordination of Enforcement Regarding Violations of Certain Health Care Provider Requirements; Complaint Process

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Labor must look for and investigate patterns of certain violations of federal health plan rules (those in 42 U.S.C. 300gg–131, 300gg–132, and 300gg–135) after getting a notice from a State or the HHS Secretary. The Secretary must investigate under section 1134 when needed and work with States and the Secretary of Health and Human Services (under section 1136 and section 104 of HIPAA) to make sure past and future problems for people in group health plans or group health insurance are fixed. By January 1, 2022, the Secretary must have a way to take complaints from people covered by group health plans about those violations and send those 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 5, 2026

Release point: 119-73not60