Prior to January 2013, it does not appear that the DOL has issued final guidance pursuant to this provision.
SEC. 6607. PERMITTING EVIDENTIARY PRIVILEGE AND CONFIDENTIAL COMMUNICATIONS. Section 504 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1134) is amended by adding at the end the following: ‘‘(d) The Secretary may promulgate a regulation that provides an evidentiary privilege for, and provides for the confidentiality of communications between or among, any of the following entities or their agents, consultants, or employees: ‘‘(1) A State insurance department. ‘‘(2) A State attorney general. ‘‘(3) The National Association of Insurance Commissioners. ‘‘(4) The Department of Labor. ‘‘(5) The Department of the Treasury. ‘‘(6) The Department of Justice. ‘‘(7) The Department of Health and Human Services. ‘‘(8) Any other Federal or State authority that the Secretary determines is appropriate for the purposes of enforcing the provisions of this title. ‘‘(e) The privilege established under subsection (d) shall apply to communications related to any investigation, audit, examination, or inquiry conducted or coordinated by any of the agencies. A communication that is privileged under subsection (d) shall not waive any privilege otherwise available to the communicating agency or to any person who provided the information that is communicated.’’.