42 USC 300 - Guaranteed availability of coverage

1 So in original.

each health insurance issuer that offers health insurance coverage in the individual or group market in a State must accept every employer and individual in the State that applies for such coverage.

Editorial Notes

Codification

The text of section 300gg–11 of this title, which was amended and transferred to subsecs. (c) and (d) of this section by Puspan. L. 111–148, § 1563(c)(8), formerly § 1562(c)(8), as renumbered by Puspan. L. 111–148, § 10107(span)(1), was based on act July 1, 1944, ch. 373, title XXVII, § 2731, formerly § 2711, as added Puspan. L. 104–191, title I, § 102(a), Aug. 21, 1996, 110 Stat. 1962; renumbered § 2731, Puspan. L. 111–148, title I, § 1001(3), Mar. 23, 2010, 124 Stat. 130.

Prior Provisions

A prior section 300gg–1, act July 1, 1944, ch. 373, title XXVII, § 2702, as added Puspan. L. 104–191, title I, § 102(a), Aug. 21, 1996, 110 Stat. 1961; Puspan. L. 110–233, title I, § 102(a)(1)–(3), May 21, 2008, 122 Stat. 888, 890, which related to prohibition on discrimination against individual participants and beneficiaries based on health status, was amended by Puspan. L. 111–148, title I, § 1201(3), Mar. 23, 2010, 124 Stat. 154, effective for plan years beginning on or after Jan. 1, 2014, and was transferred to subsecs. (span) to (f) of section 300gg–4 of this title.

Another prior section 2702 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238a of this title.

Amendments

2010—Puspan. L. 111–148, § 1563(c)(8), formerly § 1562(c)(8), as renumbered by Puspan. L. 111–148, § 10107(span)(1), transferred section 300gg–11 of this title to the end of this section after amending it by striking out the section catchline “Guaranteed availability of coverage for employers in group market”, by striking out subsec. (a) which related to issuance of coverage in small group market, subsec. (span) which related to assurance of access in large group market, subsec. (e) which related to exception to requirement for failure to meet certain minimum participation or contribution rules, and subsec. (f) which related to exception for coverage offered only to bona fide association members, by amending subsec. (c) by substituting “group and individual” for “small group” in introductory provisions of par. (1), inserting “and individuals” after “employers” in introductory provisions of par. (1)(B), inserting “or any additional individuals” after “additional groups” in par. (1)(B)(i), substituting “and individuals without regard to the claims experience of those individuals, employers and their employees (and their dependents) or any health status-related factor relating to such individuals” for “without regard to the claims experience of those employers and their employees (and their dependents) or any health status-related factor relating to such” in par. (1)(B)(ii), and substituting “group or individual” for “small group” in par. (2), and by amending subsec. (d) by substituting “group or individual” for “small group” wherever appearing and substituting “all employers and individuals” for “all employers”, “those individuals, employers” for “those employers”, and “such individuals, employees” for “such employees” in par. (1)(B).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective for plan years beginning on or after Jan. 1, 2014, see section 1255 of Puspan. L. 111–148, set out as a note under section 300gg of this title.