CFR > Title 45 - Public Welfare > SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—REQUIREMENTS RELATING TO HEALTH CARE ACCESS (parts 140 to 159) > PART 149—REQUIREMENTS FOR THE EARLY RETIREE REINSURANCE PROGRAM > SUBPART B—Requirements for Eligible Employment-Based Plans (§149.30 to §149.45) > 149.35—Requirements to participate.

149.35—Requirements to participate.

(a) A sponsor's employment-based plan must—
(1) Be certified by the Secretary.
(2) Include programs and procedures that have generated or have the potential to generate cost-savings with respect to plan participants with chronic and high-cost conditions.
(b) A sponsor must—
(1) Make available information, data, documents, and records as specified in § 149.350.
(2) Have a written agreement with its health insurance issuer (as defined in 45 CFR 160.103) or employment-based plan (as applicable) regarding disclosure of information, data, documents, and records, to the Secretary, and the health insurance issuer or employment-based plan must disclose to the Secretary, on behalf of the sponsor, at a time and in a manner specified by the Secretary in guidance, the information, data, documents and records necessary for the sponsor to comply with the program, this part, and program guidance.
(3) Ensure that policies and procedures to protect against fraud, waste and abuse under this program are in place, and must comply timely with requests from the Secretary to produce the policies and procedures and any documents or data to substantiate the implementation of the policies and procedures and their effectiveness.
(4) Submit an application to the Secretary in the manner, and at the time, required by the Secretary as specified in § 149.40.