Page:United States Statutes at Large Volume 103 Part 3.djvu/159

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2227 "(ii) to any group health plan which provides or provided coverage to such an employee or spouse, the ' name of such employee and the employee's spouse (if the spouse is a medicare beneficiary) and the name and address of the employer, and, for the purpose of presenting a claim to the plan— "(I) the TIN of such employee if benefits were paid under title XVIII of the Social Security Act with respect to the employee during a period in which the plan was a primary plan (as defined in section 1862(b)(2)(A) of the Social Security Act), and "(II) the TIN of such spouse if benefits were paid under such title with respect to the spouse during such period, and "(iii) to any agent of such Administrator the informa- tion referred to in subparagraph (B) for purposes of carrying out clauses (i) and (ii) on behalf of such Administrator. " (D) SPECIAL RULES. — "(i) RESTRICTIONS ON DISCLOSURE.— Information may be disclosed under this paragraph only for purposes of, and to the extent necessary in, determining the extent to which any medicare beneficiary is covered under any group health plan. "(ii) TIMELY RESPONSE TO REQUESTS. —Any request made under subparagraph (A) or (B) shall be complied with as soon as possible but in no event later than 120 days after the date the request was made. " (E) DEFINITIONS.—For purposes of this paragraph— "(i) MEDICARE BENEFICIARY.— The term 'medicare beneficiary' means an individued entitled to benefits under part A, or enrolled under part B, of title XVIII of the Social Security Act, but does not include such an individual enrolled in part A under section 1818. "(ii) GROUP HEALTH PLAN.— The term 'group health plan' means— "(I) any group health plan (as defined in section 5000(b)(l)), and "(II) any large group health plan (as defined in section 5000(b)(2)). " (iii) QuAUFiED EMPLOYER. —The term 'qualified em- ployer' means, for a calendar year, an employer which has furnished written statements under section 6051 with respect to at least 20 individuals for wages paid in the year. " (F) TERMINATION.— Subparagraphs (A) and (B) shall not apply to— "(i) any request made after September 30, 1991, and "(ii) any request made before such date for informa- tion relating to— "(I) 1990 or thereafter in the case of subpara- graph (A), or "(II) 1991 or thereafter in the case of subpara- graph (B)." (B) SAFEGUARDS.— (i) Paragraph (3) of section 6103(a) of such Code is 26 USC 6103. amended by inserting "(1)(12)," after "(e)(l)(D)(iii),".

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