107 STAT. 376 PUBLIC LAW 103-66 —AUG. 10, 1993
- (B) EMPLOYER DESCRIBED. —An employer is described
in this subparagraph for any calendar year if such employer normally employed fewer than 50 employees on a typical business day during such calendar year. " (C) ARRANGEMENT DESCRIBED.—An arrangement described in this subparagraph is any arrangement in which two or more employers contribute for the purpose of providing group health plan coverage for employees. "(2) INFORMATION NOT REQUIRED TO BE PROVIDED.— Any plan sponsor, plan administrator, insurer, third-party administrator, or other person described in paragraph (1)(A) (other than the employer) that maintains the information under the plan shall not provide to an employer in order to satisfy the requirements of section 1144 of the Social Security Act, and shall not provide to the Data Bank under such section, information that pertains in any way to— "(A) the health status of a participant, or of the participant's spouse, dependent child, or other beneficiary, "(B) the cost of coverage provided to any participant or beneficiary, or "(C) any limitations on such coverage specific to any participant or beneficiary. "(3) REGULATIONS. —The Secretary may, in consultation with the Secretary of Health and Human Services, prescribe such regulations as are necessary to carry out this subsection.", (c) CONFORMING AMENDMENTS.— (1) CIVIL ACTIONS.— Section 502(a) of such Act (29 U.S.C. 1132(a)) is amended— (A) in paragraph (5), by striking "or" at the end; (B) in paragraph (6), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: "(7) by a State to enforce compliance with a qualified medical child support order (as defined in section 609(a)(2)(A)); or "(8) by the Secretary, or by an employer or other person ) referred to in section 101(f)(1), (A) to enjoin any act or practice which violates subsection (f) of section 101, or (B) to obtain appropriate equitable relief (i) to redress such violation or (ii) to enforce such subsection.". (2) CIVIL PENALTY.— Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended by adding at the end the following new paragraph: "(4) The Secretary may assess a civil penalty of not more than $1,000 for each violation by any person of section lOl(f)(l). For purposes of this paragraph, each violation described in subparagraph (A) with respect to any single participant, and each violation described in subparagraph (B) with respect to any single participant or beneficiary, shall be treated as a separate violation. The Secretary and the Secretary of Health and Himian Services shall maintain such ongoing consultation as may be necessary and appropriate to coordinate enforcement under this subsection with enforcement under section 1144(c)(8) of the Social Security Act.". (3) JURISDICTION. —Section 502(e)(1) of such Act (29 U.S.C. 1132(e)(1)) is amended—
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