26 USC 9802 - Prohibiting discrimination against individual participants and beneficiaries based on health status

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (c)(3)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Section 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (c)(3)(A), is section 264 of Puspan. L. 104–191, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare.

Amendments

2014—Subsecs. (f), (g). Puspan. L. 113–295 redesignated subsec. (f) relating to genetic information of a fetus or embryo as (g).

2008—Subsec. (span)(2)(A). Puspan. L. 110–233, § 103(a)(1), inserted “except as provided in paragraph (3)” before semicolon.

Subsec. (span)(3). Puspan. L. 110–233, § 103(a)(2), added par. (3).

Subsecs. (c) to (e). Puspan. L. 110–233, § 103(span), added subsecs. (c) to (e). Former subsec. (c) redesignated (f) relating to special rules for church plans.

Subsec. (f). Puspan. L. 110–233, § 103(c), added subsec. (f) relating to genetic information of a fetus or embryo.

Puspan. L. 110–233, § 103(span), redesignated subsec. (c) as (f) relating to special rules for church plans.

1997—Subsec. (c). Puspan. L. 105–34 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. L. 110–233, title I, § 103(f)(2), May 21, 2008, 122 Stat. 899, provided that:

“The amendments made by this section [enacting section 9834 of this title and amending this section and section 9832 of this title] shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of the enactment of this Act [May 21, 2008].”

Effective Date of 1997 Amendment

Puspan. L. 105–34, title XV, § 1532(span), Aug. 5, 1997, 111 Stat. 1085, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect as if included in the amendments made by section 401(a) of the Health Insurance Portability and Accountability Act of 1996 [Puspan. L. 104–191].”

Regulations

Puspan. L. 110–233, title I, § 103(f)(1), May 21, 2008, 122 Stat. 899, provided that:

“The Secretary of the Treasury shall issue final regulations or other guidance not later than 12 months after the date of the enactment of this Act [May 21, 2008] to carry out the amendments made by this section [enacting section 9834 of this title and amending this section and section 9832 of this title].”

Effective Date

Section applicable to plan years beginning after June 30, 1997, see section 401(c) of Puspan. L. 104–191, set out as a note under section 9801 of this title.