---
kind: "section"
citation: "42 C.F.R. § 417.164"
title: "42"
number: "417.164"
heading: "Effect of revocation of qualification on inclusion in employee's health benefit plans."
url: "https://uscodex.org/cfr/42/417.164"
---

# §417.164. Effect of revocation of qualification on inclusion in employee's health benefit plans.


When an HMO's qualification is revoked under [§ 417.163(d)](/cfr/42/417.163.md?p=d), the following rules apply:

- (a) The HMO may not seek inclusion in employees health benefits plans under subpart E of this part.
- (b) **Inclusion of the HMO in an employer's health benefits plan—**
  - (1) Is disregarded in determining whether the employer is subject to the requirements of subpart E of this part; and
  - (2) **Does not constitute compliance with subpart E of this part by the employer.**

## Notes

### Amendments

[59 FR 49842, Sept. 30, 1994, as amended at 61 FR 27288, May 31, 1996]

### Source

Source: 43 FR 32255, July 25, 1978, unless otherwise noted. Redesignated at 52 FR 36746, Sept. 30, 1987.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh, and 300e, 300e-5, and 300e-9, and 31 U.S.C. 9701.

### Amendments

[59 FR 49842, Sept. 30, 1994, as amended at 61 FR 27288, May 31, 1996]