[Congressional Record Volume 147, Number 161 (Tuesday, November 27, 2001)]
[Senate]
[Pages S12059-S12060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXTENSION FOR COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND 
                       ACCOUNTABILITY ACT OF 1996

  Mr. REID. Madam President, I ask unanimous consent that the Finance 
Committee be discharged from further consideration of S. 1684 and that 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1684) to provide a 1-year extension of the date 
     for compliance by certain covered entities with the 
     administrative simplification standards for electronic 
     transactions and code sets issued in accordance with the 
     Health Insurance Portability and Accountability Act of 1996.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Madam President, I ask unanimous consent the bill be read a 
third time, passed, and the motion to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1684) was read the third time and passed, as follows:

                                S. 1684

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN 
                   COVERED ENTITIES WITH ADMINISTRATIVE 
                   SIMPLIFICATION STANDARDS FOR ELECTRONIC 
                   TRANSACTIONS AND CODE SETS.

       (a) In General.--Notwithstanding section 1175(b)(1)(A) of 
     the Social Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and 
     section 162.900 of title 45 of the Code of Federal 
     Regulations--
       (1) a health care provider shall not be considered to be in 
     noncompliance with the applicable requirements of subparts I 
     through N of part 162 of title 45 of the Code of Federal 
     Regulations before October 16, 2003; and
       (2) a health plan (other than a small health plan) or a 
     health care clearinghouse shall not be considered to be in 
     noncompliance with the applicable requirements of subparts I 
     through R of part 162 of title 45 of the Code of Federal 
     Regulations before October 16, 2003.
       (b) Special Rules.--
       (1) Rules of construction.--Nothing in this section shall 
     be construed--
       (A) as modifying the October 16, 2003, date for compliance 
     of small health plans with subparts I through R of part 162 
     of title 45 of the Code of Federal Regulations; or
       (B) as modifying--
       (i) the April 14, 2003, date for compliance of a health 
     care provider, a health plan (other than a small health 
     plan), or a health care clearinghouse with subpart E of part 
     164 of title 45 of the Code of Federal Regulations; or
       (ii) the April 14, 2004, date for compliance of a small 
     health plan with subpart E of part 164 of title 45 of the 
     Code of Federal Regulations.
       (2) Applicability of privacy requirements to certain 
     transactions prior to standards compliance date.--
       (A) In general.--Notwithstanding any other provision of 
     law, during the period that begins on April 14, 2003, and 
     ends on October 16, 2003, a health care provider or, subject 
     to subparagraph (C), a health care clearinghouse, that 
     transmits any health information in electronic form in 
     connection with a transaction described in subparagraph (B) 
     shall comply with the then applicable requirements of subpart 
     E of part 164 of title 45 of the Code of Federal Regulations 
     without regard to section 164.106 of subpart A of such part 
     or to whether the transmission meets any standard formats 
     required by part 162 of title 45 of the Code of Federal 
     Regulations.
       (B) Transactions described.--The transactions described in 
     this subparagraph are the following:
       (i) A health care claims or equivalent encounter 
     information transaction.
       (ii) A health care payment and remittance advice 
     transaction.
       (iii) A coordination of benefits transaction.
       (iv) A health care claim status transaction.
       (v) An enrollment and disenrollment in a health plan 
     transaction.
       (vi) An eligibility for a health plan transaction.
       (vii) A health plan premium payments transaction.
       (viii) A referral certification and authorization 
     transaction.
       (ix) A transaction with respect to a first report of 
     injury.
       (x) A transaction with respect to health claims 
     attachments.
       (C) Application to health care clearinghouses.--For 
     purposes of this paragraph, during the period described in 
     subparagraph (A), an entity that would otherwise meet the 
     definition of health care clearinghouse that processes or 
     facilitates the processing of information in connection with 
     a transaction described in subparagraph (B) shall be deemed 
     to be a health care clearinghouse notwithstanding that the 
     entity does not process or facilitate the processing of such 
     information into any standard formats required by part 162 of 
     title 45 of the Code of Federal Regulations.
       (c) Definitions.--In this section--

[[Page S12060]]

       (1) the terms ``health care provider'', ``health plan'', 
     and ``health care clearinghouse'' have the meaning given 
     those terms in section 1171 of the Social Security Act (42 
     U.S.C. 1320d) and section 160.103 of part 160 of title 45 of 
     the Code of Federal Regulations;
       (2) the terms ``small health plan'' and ``transaction'' 
     have the meaning given those terms in section 160.103 of part 
     160 of title 45 of the Code of Federal Regulations; and
       (3) the terms ``health care claims or equivalent encounter 
     information transaction'', ``health care payment and 
     remittance advice transaction'', ``coordination of benefits 
     transaction'', ``health care claim status transaction'', 
     ``enrollment and disenrollment in a health plan 
     transaction'', ``eligibility for a health plan transaction'', 
     ``health plan premium payments transaction'', and ``referral 
     certification and authorization transaction'' have the 
     meanings given those terms in sections 162.1101, 162.1601, 
     162.1801, 162.1401, 162.1501, 162.1201, 162.1701, and 
     162.1301 of part 162 of title 45 of the Code of Federal 
     Regulations, respectively.

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