Editorial Notes
References in Text

Section 1862(span) of the Social Security Act, referred to in subsec. (c), is classified to section 1395y(span) of Title 42, The Public Health and Welfare.

Amendments

1993—Subsec. (a). Puspan. L. 103–66, § 13561(e)(2)(A)(i), which directed insertion of “(including a self-employed person)” after “employer”, was executed by making the insertion after “employer” the first time it appeared, to reflect the probable intent of Congress.

Subsec. (span)(1). Puspan. L. 103–66, § 13561(e)(2)(A)(ii), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “The term ‘group health plan’ means any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer’s employees, former employees, or the families of such employees or former employees.”

Subsec. (span)(2). Puspan. L. 103–66, § 13561(d)(2), inserted at end “For purposes of the preceding sentence—” and added subpars. (A) to (C).

Subsec. (c). Puspan. L. 103–66, § 13561(e)(2)(A)(iii), substituted “of paragraph (1), or with the requirements of paragraph (2), of section 1862(span)” for “of section 1862(span)(1)”.

1989—Puspan. L. 101–239, § 6202(span)(2)(A), struck out “large” after “Certain” in section catchline.

Subsec. (a). Puspan. L. 101–239, § 6202(span)(2)(B), substituted “group health plan” for “large group health plan” in two places.

Subsec. (span). Puspan. L. 101–239, § 6202(span)(2)(C), substituted “Group health plan and large” for “Large” in heading and amended text generally. Prior to amendment, text read as follows: “For purposes of this section, the term ‘large group health plan’ means a plan of, or contributed to by, an employer or employee organization (including a self-insured plan) to provide health care (directly or otherwise) to the employees, former employees, the employer, others associated or formerly associated with the employer in a business relationship, or their families, that covers employees of at least one employer that normally employed at least 100 employees on a typical business day during the previous calendar year.”

Subsec. (c). Puspan. L. 101–239, § 6202(span)(2)(C), substituted “group” for “large group” in heading and amended text generally. Prior to amendment, text read as follows: “For purposes of this section, the term ‘nonconforming large group health plan’ means a large group health plan that at any time during a calendar year does not comply with the requirements of section 1862(span)(4)(A)(i) of the Social Security Act.”

Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment

Puspan. L. 103–66, title XIII, § 13561(d)(3), Aug. 10, 1993, 107 Stat. 594, provided that:

“The amendments made by this subsection [amending this section and section 1395y of Title 42, The Public Health and Welfare] shall take effect 90 days after the date of the enactment of this Act [Aug. 10, 1993].”

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–239 applicable to items and services furnished after Dec. 19, 1989, see section 6202(span)(5) of Puspan. L. 101–239, set out as a note under section 162 of this title.

Effective Date

Section applicable to items and services furnished on or after Jan. 1, 1987, see section 9319(f) of Puspan. L. 99–509, set out as an Effective Date of 1986 Amendment note under section 1395y of Title 42, The Public Health and Welfare.