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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 45 CFR Part 147
Health care, Health insurance, Reporting and recordkeeping requirements, and State regulation of health insurance.
45 CFR Part 149
Balance billing, Health care, Health insurance, Reporting and recordkeeping requirements, Surprise billing, State regulation of health insurance, Transparency in coverage.
45 CFR Part 156
Administrative practice and procedure, Advertising, Advisory committees, Age discrimination, Alaska, Brokers, Citizenship and naturalization, Civil rights, Conflict of interests, Consumer protection, Grant programshealth, Grants administration, Health care, Health insurance, Health maintenance organization HMO, Health records, Hospitals, Indians, Individuals with disabilities, Intergovernmental relations, Loan programs-health, Medicaid, Organization and functions Government agencies, Prescription drugs, Public assistance programs, Reporting and recordkeeping requirements, Sex discrimination, State and local governments, Sunshine Act, Technical assistance, Women, Youth.
Laurie Bodenheimer, Associate Director, Healthcare and Insurance Office of Personnel Management.
Douglas W. ODonnell, Deputy Commissioner for Services and Enforcement, Internal Revenue Service.
Mark J. Mazur, Acting Assistant Secretary of the Treasury Tax Policy.
Ali Khawar, Assistant Secretary, Employee Benefits Security Administration, Department of Labor.
Xavier Becerra, Secretary, Department of Health and Human Services.

Office of Personnel Management For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR part 890 as follows:
PART 890FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM
1. The authority citation for part 890
continues to read as follows:

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Authority: 5 U.S.C. 8913; Sec. 890.102
also issued under sections 11202f, 11232e, and 11246 b of Pub. L. 10533, 111 Stat.
251; Sec. 890.111 also issued under section 1622b of Pub. L. 104106, 110 Stat. 521 36
U.S.C. 5522; Sec. 890.112 also issued under
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section 1 of Pub. L. 110279, 122 Stat. 2604
2 U.S.C. 2051; Sec. 890.113 also issued under section 1110 of Pub. L. 11692, 133
Stat. 1198 5 U.S.C. 8702 note; Sec. 890.301
also issued under section 311 of Pub. L. 111
3, 123 Stat. 64 26 U.S.C. 9801; Sec.
890.302b also issued under section 1001 of Pub. L. 111148, 124 Stat. 119, as amended by Pub. L. 111152, 124 Stat. 1029 42 U.S.C.
300gg14; Sec. 890.803 also issued under 50
U.S.C. 3516 formerly 50 U.S.C. 403p and 22
U.S.C. 4069c and 4069c1; subpart L also issued under section 599C of Pub. L. 101
513, 104 Stat. 2064 5 U.S.C. 5561 note, as amended; and subpart M also issued under section 721 of Pub. L. 105261 10 U.S.C.
1108, 112 Stat. 2061.

Subpart AAdministration and General Provisions 2. Section 890.107 is amended by adding paragraph e to read as follows:

890.107

Court review.

e A suit for equitable relief founded on 5 U.S.C. chapter 89 that is based on 5 U.S.C. 8902p and is governed by 5
CFR part 890 must be brought against OPM by December 31 of the 3rd year after the year in which disputed services were rendered.
3. Section 890.114 is added to subpart A to read as follows:
890.114

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health plans and issuers. If and to the extent an entity offering a health benefits plan under 5 U.S.C. chapter 89
is licensed under state law and is properly considered an issuer as defined at section 2791 of the Public Health Service Act, the entity is considered a carrier to the extent of its FEHB health benefits plan contractual and regulatory compliance.
Participant, beneficiary, or enrollee shall include an enrollee or covered individual as defined by 5 CFR
890.101, as appropriate.
c When a complaint challenges a carriers action or inaction with respect to the surprise billing provisions, OPM
will coordinate with the Departments of Health and Human Services, Labor, and the Treasury to resolve the complaint.
Department of the Treasury Internal Revenue Service Accordingly, 26 CFR part 54 is amended as follows:
PART 54PENSION EXCISE TAXES
Paragraph 4. The authority citation for part 54 continues to read, in part, as follows:

Authority: 26 U.S.C. 7805, unless otherwise noted.

Surprise billing.

a A carrier must comply with requirements described in 26 CFR
54.98163T through 54.98166T, 54.98171T, and 54.98221T, 29 CFR
2590.7163 through 2590.7166, 2590.7171, and 2590.722, and 45 CFR
149.30, 149.110 through 149.140, and 149.310 in the same manner as such provisions apply to a group health plan or health insurance issuer offering group or individual health insurance coverage, subject to 5 U.S.C. 8902m1, and the provisions of the carriers contract. For purposes of application of such sections, all carriers are deemed to offer health benefits in the large group market.
b For purposes of the provisions referenced in paragraph a of this section:
Group health plan or plan shall mean a health benefits plan defined at 5
U.S.C. 89016, which is a Federal governmental plan offered pursuant to 5
U.S.C. chapter 89.
Health insurance issuer or issuer shall include a carrier defined at 5 U.S.C.
89017. Where the carrier for a health benefits plan is a voluntary association, an association of organizations or entities, or is otherwise comprised of multiple entities, each entity is responsible for compliance in the same manner as such sections apply to group
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Par. 5. Section 54.98011T is added to read as follows:

54.98011T
temporary.

Basis and scope
a Statutory basis. This section and 54.98012 through 54.98016, 54.98021, 54.98022, 54.98023T, 54.98024, 54.98111, 54.98121, 54.98151251, 54.98152704, 54.9815
2705, 54.98152708, 54.98152711, 54.98152712, 54.98152713, 54.9815
2713A, 54.98152714, 54.98152715, 54.98152715A1, 54.98152715A2, 54.98152715A3, 54.98152719, 54.98152715A, 54.98161 through 98167, 54.98311, and 54.98331
implement Chapter 100 of Subtitle K of the Internal Revenue Code of 1986.
b Scope. A group health plan or health insurance issuer offering group health insurance coverage may provide greater rights to participants and beneficiaries than those set forth in the portability and market reform sections of this part. This part sets forth minimum requirements for group health plans and group health insurance issuers offering group health insurance coverage concerning certain consumer protections of the Health Insurance Portability and Accountability Act HIPAA, including special enrollment periods and the prohibition against
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