Collapse to view only § 300gg-51. Standards relating to benefits for mothers and newborns
- § 300gg-51. Standards relating to benefits for mothers and newborns
- § 300gg-52. Required coverage for reconstructive surgery following mastectomies
- § 300gg-53. Prohibition of health discrimination on the basis of genetic information
- § 300gg-54. Coverage of dependent students on medically necessary leave of absence
§ 300gg–51. Standards relating to benefits for mothers and newborns
(a) In general
(b) Notice requirement
(c) Preemption; exception for health insurance coverage in certain States
(1) In general
The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 300gg–23(d)(1) 1 of this title) for a State that regulates such coverage that is described in any of the following subparagraphs:
(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a normal vaginal delivery and at least a 96-hour hospital length of stay following a cesarean section.
(B) Such State law requires such coverage to provide for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, or other established professional medical associations.
(C) Such State law requires, in connection with such coverage for maternity care, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the mother.
(2) Construction
(July 1, 1944, ch. 373, title XXVII, § 2751, as added Pub. L. 104–204, title VI, § 605(a)(4), Sept. 26, 1996, 110 Stat. 2941.)
§ 300gg–52. Required coverage for reconstructive surgery following mastectomies
The provisions of section 2706 1
1 See References in Text note below.
shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.(July 1, 1944, ch. 373, title XXVII, § 2752, as added Pub. L. 105–277, div. A, § 101(f) [title IX, § 903(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–438.)
§ 300gg–53. Prohibition of health discrimination on the basis of genetic information
(a) Prohibition on genetic information as a condition of eligibility
(1) In general
(2) Rule of construction
(b) Prohibition on genetic information in setting premium rates
(1) In general
(2) Rule of construction
(c) Prohibition on genetic information as preexisting condition
(1) In general
(2) Rule of construction
(d) Genetic testing
(1) Limitation on requesting or requiring genetic testing
(2) Rule of construction
(3) Rule of construction regarding payment
(A) In general
(B) Limitation
(4) Research exceptionNotwithstanding paragraph (1), a health insurance issuer offering health insurance coverage in the individual market may request, but not require, that an individual or a family member of such individual undergo a genetic test if each of the following conditions is met:
(A) The request is made pursuant to research that complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable State or local law or regulations for the protection of human subjects in research.
(B) The issuer clearly indicates to each individual, or in the case of a minor child, to the legal guardian of such child, to whom the request is made that—
(i) compliance with the request is voluntary; and
(ii) non-compliance will have no effect on enrollment status or premium or contribution amounts.
(C) No genetic information collected or acquired under this paragraph shall be used for underwriting purposes.
(D) The issuer notifies the Secretary in writing that the issuer is conducting activities pursuant to the exception provided for under this paragraph, including a description of the activities conducted.
(E) The issuer complies with such other conditions as the Secretary may by regulation require for activities conducted under this paragraph.
(e) Prohibition on collection of genetic information
(1) In general
(2) Prohibition on collection of genetic information prior to enrollment
(3) Incidental collection
(f) Genetic information of a fetus or embryoAny reference in this part to genetic information concerning an individual or family member of an individual shall—
(1) with respect to such an individual or family member of an individual who is a pregnant woman, include genetic information of any fetus carried by such pregnant woman; and
(2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the individual or family member.
(July 1, 1944, ch. 373, title XXVII, § 2753, as added Pub. L. 110–233, title I, § 102(b)(1)(B), May 21, 2008, 122 Stat. 893.)
§ 300gg–54. Coverage of dependent students on medically necessary leave of absence
The provisions of section 2707 1
1 See References in Text note below.
shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.(July 1, 1944, ch. 373, title XXVII, § 2753, as added Pub. L. 110–381, § 2(b)(2), Oct. 9, 2008, 122 Stat. 4084.)