Announcement 2007-32

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Internal Revenue Bulletin:

2007-11 March 12, 2007

Announcement 2007-32

Nondiscrimination and Wellness Programs in Health Coverage in the Group Market; Correction



Internal Revenue Service (IRS), Treasury.


Correcting amendments.


This document contains correction to final regulations (T.D. 9298, 2007-6 I.R.B. 434) that were published in the Federal Register on Wednesday, December 13, 2006 (71 FR 75014) governing the provisions prohibiting discrimination based on a health factor for group health plans and issuers of health insurance coverage offered in connection with a group health plan.


The correction is effective February 12, 2007.


Russ Weinheimer, (202) 622-6080 (not a toll-free number).



The correction notice that is the subject of this document is under section 9802 of the Internal Revenue Code.

Need for Correction

As published, final regulations (T.D. 9298) contain errors that may prove to be misleading and are in need of clarification.

* * * * *

Correction of Publication

Accordingly, 26 CFR part 54 is corrected by making the following correcting amendments:


Paragraph 1. The authority citation for part 54 continues to read, in part, as follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 54.9802-1(b)(2)(i)(D) is amended by revising paragraph (ii) of Example 4.

Par. 3. Section 54.9802-1(f)(1) is amended by revising the first sentence of the paragraph. The revisions read as follows:

§ 54.9802-1 Prohibiting discrimination against

participants and beneficiaries based on a health factor. * * * * *

(b) * * *

(2) * * *

(i) * * *

(D) * * *

Example 4. * * *

(ii) Conclusion. In this Example 4, the limit does not violate this paragraph (b)(2)(i) because $2,000 of benefits for the treatment of TMJ are available uniformly to all similarly situated individuals and a plan may limit benefits covered in relation to a specific disease or condition if the limit applies uniformly to all similarly situated individuals and is not directed at individual participants or beneficiaries. (This example does not address whether the plan provision is permissible under the Americans with Disabilities Act or any other applicable law.)

* * * * *

(f) * * *

(1) * * * If none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor (or if a wellness program does not provide a reward), the wellness program does not violate this section, if participation in the program is made available to all similarly situated individuals. * * *

* * * * *

LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division,
Associate Chief Counsel
(Procedure and Administration).


(Filed by the Office of the Federal Register on February 21, 2007, 8:45 a.m., and published in the issue of the Federal Register for February 22, 2007, 72 F.R. 7929)

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