; (iii) includes a substantial number of providers and facilities that are not part of the network; or (iv) omits a substantial number of providers and facilities that are part of the network. ; and (B) in subsection (b)— (i) in paragraph (1), by striking and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service ; and (ii) by striking paragraph (2) and inserting the following: (2) Reconciliation requirement If a nonparticipating provider was listed as a participating provider in the posted provider directory database, the group health plan or health insurance issuer shall, not later than 30 days after receiving the request for payment, notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b) of the Public Health Service Act ( 42 U.S.C. 300gg–139 ). . (2) Civil monetary penalties for violations (A) Civil monetary penalties relating to provider directory requirements Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(10)(A) ) is amended— (i) in the heading, by striking use of genetic information and inserting use of genetic information and provider directory requirements ; and (ii) in subparagraph (A)— (I) by inserting plan administrator of a group health plan (including a third party administrator), after plan sponsor of a group health plan, ; (II) by inserting , administrator, after such sponsor