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September 21, 1999

DOL'S COMPLIANCE QUESTIONNAIRE FOR HEALTH CARE RELATED STATUTES FOR ALL HEALTH PLANS THAT ARE THE SUBJECT OF A DOL AUDIT

The Department of Labor (DOL) is now sending a Compliance Questionnaire For Health Care Related Statutes to every health plan that is the subject of a DOL audit. The Questionnaire asks questions about how a plan is complying with the Health Insurance Portability and Accountability Act (HIPAA), the Mental Health Parity Act, the Newborns' and Mothers' Health Protection Act, and the Women's Health and Cancer Rights Act. Among the questions asked about HIPAA are how the plan is complying with HIPAA's requirements concerning the obligation to issue certificates of creditable coverage, pre-existing condition exclusions, special enrollment and nondiscrimination.

Each question requires the plan to provide written proof of its response, including copies of the plan's rules, copies of required notices, and proof of implementation of required procedures. Some questions require that the plan show evidence as to how the provisions have been applied to participants by providing sample claims.

The Segal Company is available to assist health plans, before they become the subjects of DOL audits, with CrosscheckSM, our comprehensive administrative review for benefit plans, plan revisions and other compliance-related services. For more information, contact The Segal Company by E-mail or telephone the office nearest you.

Compliance Alert, The Segal Company’s periodic electronic newsletter summarizing important federal legislation or regulations, is for informational purposes only. It is not intended to provide authoritative guidance. On all issues involving the interpretation or application of laws and regulations, plan sponsors should rely on their attorneys for legal advice.

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