42 USC 1396 - Premium assistance

1 So in original. The second closing parenthesis probably should not appear.

in this paragraph, the term “qualified employer-sponsored coverage” means a group health plan or health insurance coverage offered through an employer—

2 See References in Text note below.

Editorial Notes

References in Text

Section 2701 of the Public Health Service Act, referred to in subsec. (span)(1)(A), is section 2701 of act July 1, 1944, 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.

The Internal Revenue Code of 1986, referred to in subsec. (span)(1)(C), (2), is classified generally to Title 26, Internal Revenue Code.

Amendments

2010—Puspan. L. 111–148, § 2003(span), struck out “option for children” after “assistance” in section catchline.

Subsec. (a). Puspan. L. 111–148, § 10203(span)(2)(A), inserted “and the offering of such a subsidy is cost-effective, as defined for purposes of section 1397ee(c)(3)(A) of this title” before period at end.

Puspan. L. 111–148, § 2003(a)(1)(B), (C), struck out “under age 19” after “all individuals” and inserted “, in the case of an individual under age 19,” after “(and”.

Puspan. L. 111–148, § 2003(a)(1)(A), which directed substitution of “shall” for “may elect to”, was not executed because of Puspan. L. 111–148, § 10203(span)(2)(B), set out as a note under this section.

Subsec. (c). Puspan. L. 111–148, § 2003(a)(2), struck out “under age 19” after “by the individual”.

Subsec. (d)(2). Puspan. L. 111–148, § 2003(a)(3)(A), struck out “under age 19” after “to an individual” and substituted “A State may not require, as a condition of an individual (or the individual’s parent) being or remaining eligible for medical assistance under this subchapter, that the individual (or the individual’s parent) apply for enrollment in qualified employer-sponsored coverage under this section.” for “State may not require, as a condition of an individual under age 19 (or the individual’s parent) being or remaining eligible for medical assistance under this subchapter, apply for enrollment in qualified employer-sponsored coverage under this section.”

Subsec. (d)(3). Puspan. L. 111–148, § 2003(a)(3)(B), substituted “an individual (or the parent of an individual)” for “the parent of an individual under age 19”.

Subsec. (e). Puspan. L. 111–148, § 2003(a)(4), struck out “under age 19” after “an individual” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–148, title II, § 2003(c), Mar. 23, 2010, 124 Stat. 283, provided that:

“The amendments made by this section [amending this section] take effect on January 1, 2014.”

Puspan. L. 111–148, title X, § 10203(span), Mar. 23, 2010, 124 Stat. 927, provided that the amendment made by section 10203(span)(2)(A) of Puspan. L. 111–148 is effective as if included in the enactment of the Children’s Health Insurance Program Reauthorization Act of 2009 (Puspan. L. 111–3).

Effective Date

Section 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 a note under section 1396 of this title.

Effect of Certain Amendment by Puspan. L. 111–148

Puspan. L. 111–148, title X, § 10203(span)(2)(B), Mar. 23, 2010, 124 Stat. 927, provided that:

“This Act shall be applied without regard to subparagraph (A) of section 2003(a)(1) of this Act [amending this section] and that subparagraph and the amendment made by that subparagraph are hereby deemed null, void, and of no effect.”