
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300bb-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
 SUBCHAPTER XX--REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN 
                        STATE AND LOCAL EMPLOYEES
 
Sec. 300bb-6. Notice requirements

    In accordance with regulations prescribed by the Secretary--
        (1) the group health plan shall provide, at the time of 
    commencement of coverage under the plan, written notice to each 
    covered employee and spouse of the employee (if any) of the rights 
    provided under this subsection,\1\
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    \1\ So in original. Probably should be ``subchapter''.
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        (2) the employer of an employee under a plan must notify the 
    plan administrator of a qualifying event described in paragraph (1), 
    (2), or (4) of section 300bb-3 of this title within 30 days of the 
    date of the qualifying event,
        (3) each covered employee or qualified beneficiary is 
    responsible for notifying the plan administrator of the occurrence 
    of any qualifying event described in paragraph (3) or (5) of section 
    300bb-3 of this title within 60 days after the date of the 
    qualifying event and each qualified beneficiary who is determined, 
    under title II or XVI of the Social Security Act [42 U.S.C. 401 et 
    seq., 1381 et seq.], to have been disabled at any time during the 
    first 60 days of continuation coverage under this subchapter is 
    responsible for notifying the plan administrator of such 
    determination within 60 days after the date of the determination and 
    for notifying the plan administrator within 30 days after the date 
    of any final determination under such title or titles that the 
    qualified beneficiary is no longer disabled, and
        (4) the plan administrator shall notify--
            (A) in the case of a qualifying event described in paragraph 
        (1), (2), or (4) of section 300bb-3 of this title, any qualified 
        beneficiary with respect to such event, and
            (B) in the case of a qualifying event described in paragraph 
        (3) or (5) of section 300bb-3 of this title where the covered 
        employee notifies the plan administrator under paragraph (3), 
        any qualified beneficiary with respect to such event,

    of such beneficiary's rights under this subsection.\1\

For purposes of paragraph (4), any notification shall be made within 14 
days of the date on which the plan administrator is notified under 
paragraph (2) or (3), whichever is applicable, and any such notification 
to an individual who is a qualified beneficiary as the spouse of the 
covered employee shall be treated as notification to all other qualified 
beneficiaries residing with such spouse at the time such notification is 
made.

(July 1, 1944, ch. 373, title XXII, Sec. 2206, as added Pub. L. 99-272, 
title X, Sec. 10003(a), Apr. 7, 1986, 100 Stat. 235; amended Pub. L. 99-
514, title XVIII, Sec. 1895(d)(6)(C), Oct. 22, 1986, 100 Stat. 2939; 
Pub. L. 100-203, title IV, Sec. 4009(j)(8), Dec. 22, 1987, 101 Stat. 
1330-59; Pub. L. 101-239, title VI, Sec. 6702(c), Dec. 19, 1989, 103 
Stat. 2295; Pub. L. 104-191, title IV, Sec. 421(a)(2), Aug. 21, 1996, 
110 Stat. 2088.)

                       References in Text

    The Social Security Act, referred to in par. (3), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social 
Security Act are classified generally to subchapters II (Sec. 401 et 
seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 of this 
title. For complete classification of this Act to the Code, see section 
1305 of this title and Tables.


                               Amendments

    1996--Par. (3). Pub. L. 104-191 substituted ``at any time during the 
first 60 days of continuation coverage under this subchapter'' for ``at 
the time of a qualifying event described in section 300bb-3(2) of this 
title''.
    1989--Par. (3). Pub. L. 101-239 inserted ``and each qualified 
beneficiary who is determined, under title II or XVI of the Social 
Security Act, to have been disabled at the time of a qualifying event 
described in section 300bb-3(2) of this title is responsible for 
notifying the plan administrator of such determination within 60 days 
after the date of the determination and for notifying the plan 
administrator within 30 days after the date of any final determination 
under such title or titles that the qualified beneficiary is no longer 
disabled'' after ``date of the qualifying event''.
    1987--Par. (3). Pub. L. 100-203 amended directory language of Pub. 
L. 99-514, see 1986 Amendment note below.
    1986--Par. (3). Pub. L. 99-514, as amended by Pub. L. 100-203, 
inserted ``within 60 days after the date of the qualifying event''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-191 effective Jan. 1, 1997, regardless of 
whether the qualifying event occurred before, on, or after such date, 
see section 421(d) of Pub. L. 104-191, set out as a note under section 
4980B of Title 26, Internal Revenue Code.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-239 applicable to plan years beginning on 
or after Dec. 19, 1989, regardless of whether the qualifying event 
occurred before, on, or after such date, see section 6702(d) of Pub. L. 
101-239, set out as a note under section 300bb-2 of this title.


                    Effective Date of 1987 Amendment

    Section 4009(j)(8) of Pub. L. 100-203 provided that the amendment 
made by that section is effective as if included in Pub. L. 99-514.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-514 applicable only with respect to 
qualifying events occurring after Oct. 22, 1986, see section 
1895(d)(6)(D) of Pub. L. 99-514, set out as a note under section 162 of 
Title 26, Internal Revenue Code.


                    Notification to Covered Employees

    Section 10003(c) of Pub. L. 99-272 provided that: ``At the time that 
the amendments made by this section [enacting this subchapter] apply to 
a group health plan (covered under section 2201 of the Public Health 
Service Act [section 300bb-1 of this title]), the plan shall notify each 
covered employee, and spouse of the employee (if any), who is covered 
under the plan at that time of the continuation coverage required under 
title XXII of such Act [this subchapter]. The notice furnished under 
this subsection is in lieu of notice that may otherwise be required 
under section 2206(1) of such Act [par. (1) of this section] with 
respect to such individuals.''

                  Section Referred to in Other Sections

    This section is referred to in sections 300bb-2, 300bb-5 of this 
title.
