U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part part 5— administration and enforcement

29 U.S.C. § 1152

Coordination of enforcement regarding violations of certain health care provider requirements; complaint process

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(a) Investigating violations

Upon receiving a notice from a State or the Secretary of Health and Human Services of violations of sections 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) Complaint process 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.(Pub. L. 93–406, title I, § 522, as added Pub. L. 116–260, div. BB, title I, § 104(b)(1), Dec. 27, 2020, 134 Stat. 2830.)Editorial NotesReferences 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.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Int'l Union of Painters & Allied Trades v. Hosek Contractors, Inc., No. 5:19-cv-01406 (N.D.N.Y. June 15, 2020).
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Int'l Union of Painters & Allied Trades v. Hosek Contractors, Inc., No. 5:19-cv-01406 (N.D.N.Y. June 15, 2020). “In this case, the Court finds that it is not necessary to hold an evidentiary hearing because -9- damages are calculable under ERISA, 29 U.S.C. § 1152 (g)(2), based on the detailed affidavits and documentary evidence that Plaintiffs have provided.”
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