---
kind: "section"
citation: "29 U.S.C. § 1152"
title: "29"
title_heading: "Labor"
number: "1152"
heading: "Coordination of enforcement regarding violations of certain health care provider requirements; complaint process"
release: "119-102"
url: "https://uscodex.org/usc/29/1152"
units:
  - "Chapter 18 — Employee Retirement Income Security Program"
  - "Subchapter I — Protection of Employee Benefit Rights"
  - "Subtitle B — Regulatory Provisions"
  - "Part 5 — administration and enforcement"
---

# §1152. Coordination of enforcement regarding violations of certain health care provider requirements; complaint process

- (a) **Investigating violations—** Upon receiving a notice from a [State](/usc/29/1002.md?p=10) or the [Secretary](/usc/29/1002.md?p=13) of Health and Human Services of violations of sections [300gg–131](/usc/42/300gg–131.md), [300gg–132](/usc/42/300gg–132.md), or [300gg–135](/usc/42/300gg–135.md) of title 42, the [Secretary](/usc/29/1002.md?p=13) of Labor shall identify patterns of such violations with respect to [participants](/usc/29/1002.md?p=7) or [beneficiaries](/usc/29/1002.md?p=8) under a group health plan or [group health insurance coverage](/usc/29/1108.md?p=b-2-C-vii-III) offered by a [health insurance issuer](/usc/29/1108.md?p=b-2-B-ii-I-aa) and conduct an investigation pursuant to [section 1134 of this title](/usc/29/1134.md) where appropriate, as determined by the [Secretary](/usc/29/1002.md?p=13). The [Secretary](/usc/29/1002.md?p=13) shall coordinate with [States](/usc/29/1002.md?p=10) and the [Secretary](/usc/29/1002.md?p=13) of Health and Human Services, in accordance with [section 1136 of this title](/usc/29/1136.md) and with [section 104](/usc/29/104.md) of Health Insurance Portability and Accountability Act of 1996, where appropriate, as determined by the [Secretary](/usc/29/1002.md?p=13), to ensure that appropriate measures have been taken to correct such violations retrospectively and prospectively with respect to [participants](/usc/29/1002.md?p=7) or [beneficiaries](/usc/29/1002.md?p=8) under a group health plan or [group health insurance coverage](/usc/29/1108.md?p=b-2-C-vii-III) offered by a [health insurance issuer](/usc/29/1108.md?p=b-2-B-ii-I-aa).
- (b) **Complaint process—** Not later than January 1, 2022, the [Secretary](/usc/29/1002.md?p=13) shall ensure a process under which the [Secretary](/usc/29/1002.md?p=13)—
  - (1) may receive complaints from [participants](/usc/29/1002.md?p=7) and [beneficiaries](/usc/29/1002.md?p=8) of group health plans or [group health insurance coverage](/usc/29/1108.md?p=b-2-C-vii-III) offered by a [health insurance issuer](/usc/29/1108.md?p=b-2-B-ii-I-aa) relating to alleged violations of the sections specified in [subsection (a)](#a); and
  - (2) transmits such complaints to [States](/usc/29/1002.md?p=10) or the [Secretary](/usc/29/1002.md?p=13) of Health and Human Services (as determined appropriate by the [Secretary](/usc/29/1002.md?p=13)) for potential enforcement actions.

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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.