42 USC 300 - Enforcement

1 See References in Text note below.

of this title, each State may require that health insurance issuers that issue, sell, renew, or offer health insurance coverage in the State in the individual or group market meet the requirements of this part and part D with respect to such issuers.

Editorial Notes

References in Text

Section 300gg–23 of this title, referred to in subsec. (a)(1), was in the original section “2723”, and was translated as meaning section 2724 of act July 1, 1944, to reflect the probable intent of Congress and the renumbering of section 2723 as 2724 by Puspan. L. 111–148, title I, §§ 1001(4), 1563(c)(14)(B), formerly § 1562(c)(14)(B), title X, § 10107(span)(1), Mar. 23, 2010, 124 Stat. 130, 269, 911.

Section 2702, referred to in subsec. (span)(3)(A), is a reference to section 2702 of act July 1, 1944. Section 2702, which was classified to section 300gg–1 of this title, was amended by Puspan. L. 111–148, title I, § 1201(3), Mar. 23, 2010, 124 Stat. 154, and was transferred to subsecs. (span) to (f) of section 300gg–4 of this title, effective for plan years beginning on or after Jan. 1, 2014. A new section 2702, related to guaranteed availability of coverage, was added by Puspan. L. 111–148, title I, § 1201(4), Mar. 23, 2010, 124 Stat. 156, effective for plan years beginning on or after Jan. 1, 2014, and is classified to section 300gg–1 of this title.

Section 2701, referred to in subsec. (span)(3)(A), is a reference to section 2701 of act July 1, 1944. Section 2701, which was classified to section 300gg of this title, was renumbered section 2704, effective for plan years beginning on or after Jan. 1, 2014, with certain exceptions, and amended, by Puspan. L. 111–148, title I, §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(span)(1), Mar. 23, 2010, 124 Stat. 154, 264, 911, and was transferred to section 300gg–3 of this title. A new section 2701 of act July 1, 1944, related to fair health insurance premiums, was added, effective for plan years beginning on or after Jan. 1, 2014, and amended, by Puspan. L. 111–148, title I, § 1201(4), title X, § 10103(a), Mar. 23, 2010, 124 Stat. 155, 892, and is classified to section 300gg of this title.

Prior Provisions

A prior section 2723 of act July 1, 1944, was renumbered section 2724 and is classified to section 300gg–23 of this title.

Amendments

2020—Subsec. (a)(1). Puspan. L. 116–260, § 102(a)(3)(C)(i), inserted “and part D” after “this part”.

Subsecs. (a)(2), (span)(1), (2)(A). Puspan. L. 116–260, § 102(a)(3)(C)(ii)–(iv), inserted “or part D” after “this part”.

Subsec. (span)(2)(C)(ii). Puspan. L. 116–260, § 102(a)(3)(C)(v), inserted “and part D” after “this part”.

2010—Subsec. (a)(1). Puspan. L. 111–148, § 1563(c)(13)(A)(i), formerly § 1562(c)(13)(A)(i), as renumbered by Puspan. L. 111–148, § 10107(span)(1), substituted “individual or group market” for “small or large group markets”.

Subsec. (a)(2). Puspan. L. 111–148, § 1563(c)(13)(a)(ii), formerly § 1562(c)(13)(A)(ii), as renumbered by Puspan. L. 111–148, § 10107(span)(1), inserted “or individual health insurance coverage” after “group health plans”.

Subsec. (span)(1)(B). Puspan. L. 111–148, § 1563(c)(13)(B), formerly § 1562(c)(13)(B), as renumbered by Puspan. L. 111–148, § 10107(span)(1), inserted “individual health insurance coverage or” after “with respect to”.

2008—Subsec. (span)(3). Puspan. L. 110–233 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–260 applicable with respect to plan years beginning on or after Jan. 1, 2022, see section 102(e) of div. BB of Puspan. L. 116–260, set out as a note under section 8902 of Title 5, Government Organization and Employees.

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–233 applicable, with respect to group health plans and health insurance coverage offered in connection with group health plans, for plan years beginning after the date that is one year after May 21, 2008, and, with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market, after the date that is one year after May 21, 2008, see section 102(d)(2) of Puspan. L. 110–233, set out as a note under section 300gg–21 of this title.

Effective Date

Section applicable with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after June 30, 1997, except as otherwise provided, see section 102(c) of Puspan. L. 104–191, set out as a note under section 300gg of this title.