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propriate State agencies under which the Pen-
sion and Welfare Benefits Administration keeps
the States informed of the status of its cases and
makes available to the States information ob-
tained by it,
‘‘(B) provide continuing technical assist-
ance to the States with respect to issues involv-
ing multiple employer welfare arrangements and
this Act,
‘‘(C) make readily available to the States
timely and complete responses to requests for ad-
visory opinions on issues described in subpara-
graph (B), and
‘‘(D) distribute copies of all advisory opin-
ions described in subparagraph (C) to the State
insurance commissioner of each State.’’.
SEC. 309. FILING AND DISCLOSURE REQUIREMENTS FOR
MULTIPLE EMPLOYER WELFARE ARRANGE-
MENTS OFFERING HEALTH BENEFITS.
Section 101 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1021) is amended—
(1) by redesignating subsection (g) as subsection
(i); and
(2) by inserting after subsection (f) the following
new subsections:
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‘‘(g) REGISTRATION OF MULTIPLE EMPLOYER WEL-
FARE ARRANGEMENTS.—(1) Each multiple employer wel-
fare arrangement shall file with the Secretary a registration
statement described in paragraph (2) within 60 days before
commencing operations (in the case of an arrangement com-
mencing operations on or after January 1, 1997) and no
later than February 15 of each year (in the case of an ar-
rangement in operation since the beginning of such year),
unless, as of the date by which such filing otherwise must
be made, such arrangement provides no benefits consisting
of medical care (within the meaning of section 607(1))).
‘‘(2) Each registration statement—
‘‘(A) shall be filed in such form, and contain
such information concerning the multiple employer
welfare arrangement and any persons involved in its
operation (including whether coverage under the ar-
rangement is fully insured), as shall be provided in
regulations which shall be prescribed by the Secretary,
and
‘‘(B) if any benefits under the arrangement con-
sisting of medical care (within the meaning of section
607(1)) are not fully insured, shall contain a certifi-
cation that copies of such registration statement have
been transmitted by certified mail to—
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‘‘(i) in the case of an arrangement which is
a multiple employer health plan (as defined in
section 701(4)), the State insurance commis-
sioner of the domicile State of such arrangement,
or
‘‘(ii) in the case of an arrangement which
is not a multiple employer health plan, the State
insurance commissioner of each State in which
the arrangement is located.
‘‘(3) The person or persons responsible for filing the
annual registration statement are—
‘‘(A) the trustee or trustees so designated by the
terms of the instrument under which the multiple em-
ployer welfare arrangement is established or main-
tained, or
‘‘(B) in the case of a multiple employer welfare
arrangement for which the trustee or trustees cannot
be identified, or upon the failure of the trustee or
trustees of an arrangement to file, the person or per-
sons actually responsible for the acquisition, disposi-
tion, control, or management of the cash or property
of the arrangement, irrespective of whether such ac-
quisition, disposition, control, or management is exer-
cised directly by such person or persons or through an
agent designated by such person or persons.
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‘‘(4) Any agreement entered into under section 506(c)
with a State as the primary domicile State with respect
to any multiple employer welfare arrangement shall provide
for simultaneous filings of reports required under this sub-
section with the Secretary and with the State insurance
commissioner of such State.
‘‘(5) For purposes of this subsection, the term ‘domicile
State’ means, in connection with a multiple employer wel-
fare arrangement, the State in which, according to the ap-
plication for an exemption under this 514(b)(6)(B), most
individuals to be covered under the arrangement are lo-
cated, except that, in any case in which information con-
tained in the latest annual report of the arrangement filed
under this part indicates that most individuals covered
under the arrangement are located in a different State, such
term means such different State.
‘‘(6) The Secretary may exempt from the requirements
of this subsection such class of multiple employer welfare
arrangements as the Secretary deems appropriate.
‘‘(h) FILING REQUIREMENTS
FOR MULTIPLE EM-
PLOYER WELFARE ARRANGEMENTS.—
‘‘(1) IN GENERAL.—A multiple employer welfare
arrangement which provides benefits consisting of
medical care (within the meaning of section 607(1))
shall issue to each participating employer—
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‘‘(A) a document equivalent to the summary
plan description required of plans under this
part,
‘‘(B) information describing the contribu-
tion rates applicable to participating employers,
and
‘‘(C) a statement indicating—
‘‘(i) that the arrangement is not a li-
censed insurer under the laws of any State,
‘‘(ii) the extent to which any benefits
under the arrangement are fully insured,
‘‘(iii) if any benefits under the ar-
rangement are not fully insured, whether
the arrangement has been granted an ex-
emption under section 514(b)(6)(B) (or
whether such an exemption has ceased to be
effective).
‘‘(2) TIME FOR DISCLOSURE.—Such information
shall be issued to employers within such reasonable
period of time before becoming participating employ-
ers as may be prescribed in regulations of the Sec-
retary.’’.
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SEC. 310. SINGLE ANNUAL FILING FOR ALL PARTICIPATING
EMPLOYERS.
(a) IN GENERAL.—Section 110 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1030) is
amended by adding at the end the following new subsection:
‘‘(c) The Secretary shall prescribe by regulation or oth-
erwise an alternative method providing for the filing of a
single annual report (as referred to in section 104(a)(1)(A))
with respect to all employers who are participating employ-
ers under a multiple employer welfare arrangement under
which all coverage consists of medical care (within the
meaning of section 607(1)) and is fully insured (as defined
in section 701(1)).’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act. The Secretary of Labor shall prescribe the alter-
native method referred to in section 110(c) of the Employee
Retirement Income Security Act of 1974, as added by such
amendment, within 90 days after the date of the enactment
of this Act.
SEC. 311. EFFECTIVE DATE; TRANSITIONAL RULE.
(a) EFFECTIVE DATE.—The amendments made by this
title shall take effect on the earlier of—
(1) the date on which the Secretary of Labor is-
sues all regulations necessary to carry out the amend-
ments made by this title, or
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(2) July 1, 1997.
The Secretary shall issue all regulations necessary to carry
out the amendments made by this title before July 1, 1997.
(b) TRANSITIONAL RULE.—If the sponsor of a multiple
employer welfare arrangement which, as of the effective date
specified in subsection (a), provides benefits consisting of
medical care (within the meaning of section 607(1) of the
Employee Retirement Income Security Act of 1974) files
with the Secretary of Labor an application for an exemp-
tion under section 514(b)(6)(B) of such Act within 180 days
after such date and the Secretary has not, as of 90 days
after receipt of such application, found such application to
be materially deficient, section 514(b)(6)(A) of such Act (29
U.S.C. 1144(b)(6)(A)) shall not apply with respect to such
arrangement during the period following such date and
ending on the earlier of—
(1) the date on which the Secretary denies the
application under the amendments made by this title
or determines, in the Secretary’s sole discretion, that
such exclusion from coverage under the provisions of
such section 514(b)(6)(A) of such arrangement would
be detrimental to the interests of individuals covered
under such arrangement, or
(2) 18 months after such effective date.
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SEC. 312. RULE OF CONSTRUCTION.
Nothing in this Act or any amendment made thereby
may be construed to require the coverage of any specific
procedure, treatment, or service as part of a group health
plan or health insurance coverage under this Act or through
regulation.
Amend the title so as to read: ‘‘A bill to amend the
Employee Retirement Income Security Act of 1974 to
provide new portability, enrollment, and other consumer
protections and freedoms for workers in a mobile
workforce, to increase purchasing power for employers
and employees by removing barriers to the voluntary for-
mation of multiple employer health plans and fully-in-
sured multiple employer arrangements, and to expand ac-
cess to fully-insured coverage for employees of small em-
ployers through open markets, and for other purposes.’’.