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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 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; 25 U.S.C. 1647b.

Subpart AAdministration and General Provisions 2. Section 890.114 is amended by adding reserved paragraph d and paragraph e to read as follows:

890.114

Surprise billing.

e A carrier must comply with requirements of 45 CFR 149.230 with respect to an FEHB plan in the same manner as such provisions apply to a group health plan or health insurance issuer offering group or individual health insurance coverage and within the time frame set forth in 45 CFR
149.230a2. This paragraph e applies to data for each of the 2022 and 2023
calendar years.
DEPARTMENT OF THE TREASURY
Internal Revenue Service Accordingly, 26 CFR part 54 is proposed to be amended as follows:
PART 54PENSION EXCISE TAXES

DEPARTMENT OF LABOR
Employee Benefits Security Administration 29 CFR Chapter XXV
For the reasons set forth in the preamble, the Department of Labor proposes to amend 29 CFR part 2590 as set forth below:
PART 2590RULES AND
REGULATIONS FOR GROUP HEALTH
PLANS
5. The authority citation for part 2590
continues to read as follows:

Authority: 29 U.S.C. 1027, 1059, 1135, 11611168, 1169, 11811183, 1181 note, 1185, 1185an, 1191, 1191a, 1191b, and 1191c; sec. 101g, Pub. L. 104191, 110 Stat.
1936; sec. 401b, Pub. L. 105200, 112 Stat.
645 42 U.S.C. 651 note; sec. 512d, Pub. L.
110343, 122 Stat. 3881; sec. 1001, 1201, and 1562e, Pub. L. 111148, 124 Stat. 119, as amended by Pub. L. 111152, 124 Stat. 1029;
Division M, Pub. L. 113235, 128 Stat. 2130;
Pub. L. 116260 134 Stat. 1182; Secretary of Labors Order 12011, 77 FR 1088 Jan. 9, 2012.

6. Section 2590.723 is added to read as follows:

2590.723 Air ambulance reporting requirements.

a In general. Each group health plan or health insurance issuer offering group health insurance coverage that satisfies the requirements of 45 CFR 149.230
satisfies the requirements to submit a report to the Secretary of Labor pursuant to section 723 of the Employee Retirement Income Security Act of 1974, as amended.
b Applicability. This section applies to data for each of the 2022 and 2023
calendar years.

Par. 4. Section 54.98231 is added to read as follows:

54.98231 Air ambulance reporting requirements.

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Authority: 42 U.S.C. 300gg21 through 300gg63, 300gg91, and 300gg92, as amended.

10. Section 148.101 is revised to read as follows:

148.101

Basis and purpose.

148.102

PART 144REQUIREMENTS
RELATING TO HEALTH INSURANCE
COVERAGE
7. The authority citation for part 144
continues to read as follows:

a In general. Each group health plan that satisfies the requirements of 45 CFR
149.230 satisfies the requirements to submit a report to the Secretary of the Treasury pursuant to section 9823 of the Code.
b Applicability. This section applies to data for each of the 2022 and 2023
calendar years.

9. The authority citation for part 148
is revised to read as follows:

144.101

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

For the reasons stated in the preamble, the Department of Health and Human Services proposes to amend 45
CFR parts 144, 148, 149, and 150 as set forth below:

PART 148REQUIREMENTS FOR THE
INDIVIDUAL HEALTH INSURANCE
MARKET

8. Section 144.101 is amended by revising paragraphs e introductory text and e1 and 2 to read as follows:

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

e Part 150 of this subchapter implements the enforcement provisions of sections 2723, 2761, and 2799B4 of the PHS Act, as well as section 106 of the No Surprises Act, with respect to the following:
1 States that fail to substantially enforce one or more provisions of part 146 of this subchapter concerning group health insurance coverage, one or more provisions of part 147 of this subchapter concerning group or individual health insurance coverage, one or more provisions of part 148 of this subchapter concerning individual health insurance coverage or short-term, limited-duration insurance, or one or more provisions of part 149 of this subchapter concerning group or individual health insurance coverage, providers and facilities, and providers of air ambulance services.
2 Issuers as defined in 144.103, and providers and facilities, each as defined in 150.103 of this subchapter, in States described in paragraph e1 of this section.

This part implements sections 2722
through 2763 and 2791 and 2792 of the PHS Act. Its purpose is to guarantee the renewability of all coverage in the individual market. It also provides certain protections for mothers and newborns with respect to coverage for hospital stays in connection with childbirth and protects all individuals and family members who have, or seek, individual health insurance coverage from discrimination based on genetic information. It also sets forth reporting and disclosure requirements on health insurance issuers offering individual health insurance coverage or short-term, limited-duration insurance regarding the amount of direct and indirect compensation paid to agents or brokers associated with enrolling consumers in such coverage.
11. Section 148.102 is amended by adding paragraph a3 and revising paragraph b to read as follows:

Paragraph 3. The authority citation for part 54 continues to read, in part, as follows:

51769

Authority: 42 U.S.C. 300gg through 300gg 63, 300gg91, 300gg92, and 300gg111
through 300gg139, as amended.

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Basis and purpose.

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Scope and applicability date.

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