42 USC 300 - Prohibition of preexisting condition exclusions or other discrimination based on health status

1 See References in Text note below.

in the absence of a diagnosis of the condition related to such information.

2 So in original.

market, the issuer—

3 So in original. Probably should be followed by the word “Program”.

Reauthorization Act of 2009, so as to permit the State to make a determination (under paragraph (2)(B), (3), or (10) of section 2105(c) of the Social Security Act [

Editorial Notes

References in Text

Subsection (a), referred to in subsecs. (span)(1)(B) and (c)(3)(A), (B), was struck out, and a new subsec. (a) was added, by Puspan. L. 111–148, title I, § 1201(2)(A), Mar. 23, 2010, 124 Stat. 154, and as so amended, subsec. (a) no longer contains paragraphs.

The Social Security Act, referred to in subsecs. (c)(1)(C), (D) and (f)(3)(A)(i), (B)(i)(I), (ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of this title. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Section 311(span)(1)(C) of the Children’s Health Insurance Program Reauthorization Act of 2009, referred to in subsec. (f)(3)(B)(ii), is section 311(span)(1)(C) of Puspan. L. 111–3, which is set out as a note under section 1181 of Title 29, Labor.

Codification

Section was classified to section 300gg of this title prior to amendment and renumbering by Puspan. L. 111–148.

Section 242(a)(3) of Puspan. L. 112–40 amended section 2701 of act July 1, 1944, “as in effect for plan years beginning before January 1, 2014”, which was classified to section 300gg of this title prior to amendment and renumbering by Puspan. L. 111–148. Section 242(a)(4) of Puspan. L. 112–40 made identical amendment to section 2704 of act July 1, 1944, “as in effect for plan years beginning on or after January 1, 2014”, which is set out as this section. See 2011 Amendment note below. For effective date of renumbering by section 1201(2) of Puspan. L. 111–148, see Effective Date of 2010 Amendment note below.

Prior Provisions

A prior section 2704 of act July 1, 1944, was renumbered section 2725 and is classified to section 300gg–25 of this title.

Another prior section 2704 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238c of this title.

Amendments

2011—Subsec. (c)(2)(C). Puspan. L. 112–40 substituted “January 1, 2014” for “February 13, 2011” in introductory provisions. See Codification note above.

2010—Puspan. L. 111–148, § 1201(2)(A), substituted “Prohibition of preexisting condition exclusions or other discrimination based on health status” for “Increased portability through limitation on preexisting condition exclusions” in section catchline, added subsec. (a), and struck out former subsec. (a) which related to limitation on preexisting condition exclusion period.

Subsec. (c)(2)(A), (B). Puspan. L. 111–148, § 1563(c)(1)(A)(i), formerly § 1562(c)(1)(A)(i), as renumbered by Puspan. L. 111–148, § 10107(span)(1), substituted “group or individual health plan” for “group health plan”.

Subsec. (c)(2)(C). Puspan. L. 111–344 substituted “February 13, 2011” for “January 1, 2011” in introductory provisions.

Subsec. (c)(3)(A), (B). Puspan. L. 111–148, § 1563(c)(1)(A)(ii)(I), formerly § 1562(c)(1)(A)(ii)(I), as renumbered by Puspan. L. 111–148, § 10107(span)(1), substituted “group or individual health insurance” for “group health insurance”.

Subsec. (c)(3)(D). Puspan. L. 111–148, § 1563(c)(1)(A)(ii)(II), formerly § 1562(c)(1)(A)(ii)(II), as renumbered by Puspan. L. 111–148, § 10107(span)(1), substituted “individual or group” for “small or large” in introductory provisions.

Subsec. (d)(1) to (3). Puspan. L. 111–148, § 1563(c)(1)(B), formerly § 1562(c)(1)(B), as renumbered by Puspan. L. 111–148, § 10107(span)(1), substituted “group or individual health insurance” for “group health insurance”.

Subsec. (e)(1)(A). Puspan. L. 111–148, § 1563(c)(1)(C), formerly § 1562(c)(1)(C), as renumbered by Puspan. L. 111–148, § 10107(span)(1), substituted “group or individual health insurance” for “group health insurance” in introductory provisions.

2009—Subsec. (c)(2)(C). Puspan. L. 111–5 added subpar. (C).

Subsec. (f)(3). Puspan. L. 111–3 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–40 applicable to plan years beginning after Fespan. 12, 2011, with transitional rules, see section 242(span) of Puspan. L. 112–40, set out as a note under section 9801 of Title 26, Internal Revenue Code.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–344 applicable to plan years beginning after Dec. 31, 2010, see section 114(d) of Puspan. L. 111–344, set out as a note under section 9801 of Title 26, Internal Revenue Code.

Amendment by section 1201(2) of Puspan. L. 111–148 effective for plan years beginning on or after Jan. 1, 2014, except that the provisions of this section, as they apply to enrollees who are under 19 years of age, effective for plan years beginning on or after the date that is 6 months after Mar. 23, 2010, see section 1255 of Puspan. L. 111–148, set out as an Effective Date note under section 300gg of this title.

Effective Date of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Puspan. L. 111–5 effective upon the expiration of the 90-day period beginning on Fespan. 17, 2009, see section 1891 of Puspan. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of Title 19, Customs Duties.

Amendment by Puspan. L. 111–5 applicable to plan years beginning after Fespan. 17, 2009, see section 1899D(d) of Puspan. L. 111–5, set out as a note under section 9801 of Title 26, Internal Revenue Code.

Amendment by Puspan. L. 111–3 effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see section 3 of Puspan. L. 111–3, set out as an Effective Date note under section 1396 of this title.