42 USC 300 - Preemption; State flexibility; construction

1 See References in Text note below.

which differs from the standards or requirements specified in such section.

Editorial Notes

References in Text

Section 2701, referred to in subsec. (span), 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.

Section 701, referred to in subsec. (span)(1), probably means “section 2701” of act July 1, 1944. See note above.

Section 2704, referred to in subsec. (c), is a reference to section 2704 of act July 1, 1944. Section 2704, which was classified to section 300gg–4 of this title, was renumbered section 2725, and amended by Puspan. L. 111–148, title I, §§ 1001(2), 1563(c)(3), formerly § 1562(c)(3), title X, § 10107(span)(1), Mar. 23, 2010, 124 Stat. 130, 265, 911, and was transferred to section 300gg–25 of this title. A new section 2704 of act July 1, 1944, related to prohibition of preexisting condition exclusions or other discrimination based on health status, was added, 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 is classified to section 300gg–3 of this title.

Amendments

2020—Subsec. (a)(1). Puspan. L. 116–260, § 102(a)(3)(D)(i), substituted “this part, part D, and part C insofar as it relates to this part or part D” for “this part and part C insofar as it relates to this part” and inserted “or part D” before period at end.

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

Subsec. (c). Puspan. L. 116–260, § 102(a)(3)(D)(iii), inserted “or part D” after “this part (other than section 2704)”.

2010—Subsec. (a)(1). Puspan. L. 111–148, § 1563(c)(14)(A), formerly § 1562(c)(14)(A), as renumbered by Puspan. L. 111–148, § 10107(span)(1), inserted “individual or” before “group health insurance”.

1996—Subsec. (c). Puspan. L. 104–204 inserted “(other than section 2704)” after “part”.

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 1996 Amendment

Amendment by Puspan. L. 104–204 applicable with respect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 604(c) of Puspan. L. 104–204 set out as an Effective Date note under section 300gg–25 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.