10 USC 1103 - Contracts for medical and dental care: State and local preemption

Editorial Notes

Amendments

2006—Subsec. (c). Puspan. L. 109–163 struck out “Territory and” before “possession”.

1993—Puspan. L. 103–160 amended section generally. Prior to amendment, section read as follows:

“(a) The provisions of any contract under this chapter which relate to the nature and extent of coverage of benefits (including payments with respect to benefits) shall preempt any law of a State or local government, or any regulation issued under such a law, which relates to health insurance or plans to the extent that such law or regulation is inconsistent with such contractual provisions.

“(span) In this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each territory and possession of the United States.”

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Puspan. L. 103–160, div. A, title VII, § 715(span), Nov. 30, 1993, 107 Stat. 1691, provided that:

“Section 1103 of title 10, United States Code, as amended by subsection (a), shall apply with respect to any contract entered into under chapter 55 of such title before, on, or after the date of the enactment of this Act [Nov. 30, 1993].”

Effective Date

Puspan. L. 100–180, div. A, title VII, § 725(span), Dec. 4, 1987, 101 Stat. 1117, provided that:

“Section 1103 of such title, as added by subsection (a), shall apply with respect to any contract entered into after October 1, 1987.”

Applicability of Preemption Provisions to Certain Contracts

Puspan. L. 102–396, title IX, § 9032, Oct. 6, 1992, 106 Stat. 1908, as amended by Puspan. L. 103–50, ch. III, § 301, July 2, 1993, 107 Stat. 250, provided in part “That the preemption provisions of section 1103(a) of title 10, United States Code, shall not be limited to contractual provisions relating to coverage of benefits, but shall apply to all contracts entered into pursuant to this general provision, the California and Hawaii recompetition contract, and Solicitation Number MDA 906–92–R–0004 and shall preempt any and all State and local laws and regulations which relate to health insurance or health care plans”.

Applicability to Contracts Entered Into Pursuant to Solicitation Number MDA–903–87–R–0047

Puspan. L. 100–463, title VIII, § 8078(span), Oct. 1, 1988, 102 Stat. 2270–30, provided that preemption provisions of 10 U.S.C. 1103 shall apply to contracts entered into pursuant to Solicitation Number MDA–903–87–R–0047 and shall preempt State and local laws or regulations which relate to health insurance or prepaid health care plans. Similar provisions were contained in the following prior appropriation act:

Puspan. L. 100–202, § 101(span) [title VIII, § 8104(span)], Dec. 22, 1987, 101 Stat. 1329–43, 1329–81.