Sec. 3. Updated attestation for price and quality information
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/bill/118/hr/4527/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 724(a)(3) of the Employee Retirement Income Security Act ( 29 U.S.C. 1185m(a)(3) ) is amended to read as follows: Subject to subparagraph (C), the fiduciary of a group health plan or issuer offering group health insurance coverage shall annually submit to the Secretary an attestation that such plan or issuer of such coverage is in compliance with the requirements of this subsection. Such attestation shall also include a statement verifying that— the information or data described under subparagraphs
(A)and
(B)of paragraph
(1)is available upon request and provided to the plan fiduciary, the plan administrator, or the issuer in a timely manner; and there are no terms in the agreement under such paragraph
(1)that directly or indirectly restrict or unduly delay a plan fiduciary, the plan administrator, or the issuer from auditing, reviewing, or otherwise accessing such information. Subject to clause (ii), a group health plan or issuer offering group health insurance coverage may not enter into an agreement with a third-party administrator or other service provider to submit the attestation required under subparagraph (A). In the case of a group health plan or issuer offering group health insurance coverage that is unable to obtain the information or data needed to submit the attestation required under subparagraph (A), such plan or issuer may submit a written statement in lieu of such attestation that includes— an explanation of why such plan or issuer was unsuccessful in obtaining such information or data, including whether such plan or issuer was limited or prevented from auditing, reviewing, or otherwise accessing such information or data; a description of the efforts made by the plan fiduciary to remove any gag clause provisions from the agreement under paragraph (1); and a description of any response by the third-party administrator or other service provider with respect to efforts to comply with the attestation requirement under subparagraph (A). .
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Sec. 3
Updated attestation for price and quality information
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