Sec. 408. Association health plans
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/bill/115/s/2582/is/section-408A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this subsection, the term association health plan means any health insurance coverage that is provided to an association, but not related to employment, and sold to individuals through such association. For purposes of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.), part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq.), chapter 100 of the Internal Revenue Code of 1986, and title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), health insurance coverage offered through an association health plan shall be treated as individual health insurance coverage if— the coverage is offered to a member of the association other than in connection with a group health plan; or the coverage is offered to a member of the association that is an employer maintaining a group health plan that has fewer than 2 participants who are employees on the first day of the plan year.
For purposes of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.), part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq.), chapter 100 of the Internal Revenue Code of 1986, and title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), health insurance coverage offered through an association health plan shall, subject to paragraph (2)(B), be treated as health insurance coverage in the small group market if the coverage is offered to a member of the association in connection with a group health plan offered to employers that are small employers, as defined in such applicable Act or Code.
An association health plan shall be treated as individual health insurance coverage in accordance with paragraph
(2)or health insurance coverage in the small group market in accordance with paragraph
(3)notwithstanding any applicable State law. This subsection shall apply to plan years beginning after December 31, 2019. employer under ERISA January 5, 2018, proposed rule In this subsection, the term January 5, 2018, proposed rule means the proposed rule of the Department of Labor entitled Definition of (83 Fed. Reg. 614), or any final rule promulgated with respect to such proposed rule. Employer Under Section 3(5) of ERISA—Association Health Plans Beginning on the date of enactment of this Act, the January 5, 2018, proposed rule shall cease to have any force or effect. In the case that the January 5, 2018, proposed rule is a final rule on the date of enactment of this Act, the Secretary of Labor shall cease to enforce such final rule.
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- Pub. L. 111-148
- 83 FR 614
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