Sec. 8. Eliminating the opt-out for non-Federal governmental health plans
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/bill/117/s/4170/is/section-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2722(a)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–21(a)(2) ) is amended by adding at the end the following new subparagraph: Notwithstanding the preceding provisions of this paragraph— no election described in subparagraph
(A)with respect to the provisions of section 2726 may be made on or after the date of enactment of this subparagraph; and except as provided in clause (ii), no such election with respect to the provisions of section 2726 expiring on or after the date that is 180 days after the date of such enactment may be renewed. Notwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election in effect under subparagraph
(A)as of the date of enactment of this subparagraph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires. The Secretary shall issue guidance to plans to support carrying out activities under this section with regard to section 2726, including the requirements under subsection (a)(8) of such section. Such guidance shall include an explanation of documents that are required to be disclosed and analyses that are required to be conducted pursuant to such subsection (a)(8), including how nonquantitative treatment limitations are applied to mental health or substance use disorder benefits and medical or surgical benefits covered under the plan, in order for such plan to demonstrate compliance with this section and section 2726. .
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- 42 USC 300gg–21(a)(2)
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Sec. 8
Eliminating the opt-out for non-Federal governmental health plans
Cite42 USC 300gg–21(a)(2)
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