Sec. 2724. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION

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## SEC. 2724 PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION **[**300gg–23**]** ###

(a)Continued Applicability of State Law With Respect to Health Insurance Issuers ####

(1)In General Subject to paragraph

(2)and except as provided in subsection (b), this part, part D, and part C insofar as it relates to this part or part D shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with individual or group health insurance coverage except to the extent that such standard or requirement prevents the application of a requirement of this part or part D. ####

(2)Continued preemption with respect to group health plans Nothing in this part or part D shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 with respect to group health plans. ###

(b)Special Rules in Case of Portability Requirements ####

(1)In general Subject to paragraph (2), the provisions of this part relating to health insurance coverage offered by a health insurance issuer supersede any provision of State law which establishes, implements, or continues in effect a standard or requirement applicable to imposition of a preexisting condition exclusion specifically governed by section 701 which differs from the standards or requirements specified in such section. ####

(2)Exceptions Only in relation to health insurance coverage offered by a health insurance issuer, the provisions of this part do not supersede any provision of State law to the extent that such provision— ###### (i)19 substitutes for the reference to “6-month period” in section 2701(a)(1) a reference to any shorter period of time; 19Clauses

(i)through

(vii)probably should be redesignated as subparagraphs

(A)through (G). See section 102(a) of Public Law 104–191 (110 Stat. 1971). ###### (ii)19 substitutes for the reference to “12 months” and “18 months” in section 2701(a)(2) a reference to any shorter period of time; ###### (iii)19 substitutes for the references to “63” days in sections 2701(c)(2)(A) and 2701(d)(4)(A) a reference to any greater number of days; ###### (iv)19 substitutes for the reference to “30-day period” in sections 2701(b)(2) and 2701(d)(1) a reference to any greater period; ###### (v)19 prohibits the imposition of any preexisting condition exclusion in cases not described in section 2701(d) or expands the exceptions described in such section; ###### (vi)19 requires special enrollment periods in addition to those required under section 2701(f); or ###### (vii)19 reduces the maximum period permitted in an affiliation period under section 2701(g)(1)(B). ###

(c)Rules of Construction Nothing in this part (other than section 2704) or part D shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such plan or coverage. ###

(d)Definitions For purposes of this section— ####

(1)State law The term “**State law**” includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. A law of the United States applicable only to the District of Columbia shall be treated as a State law rather than a law of the United States. ####

(2)State The term “**State**” includes a State (including the Northern Mariana Islands), any political subdivisions of a State or such Islands, or any agency or instrumentality of either.20 20See footnote accompanying section 2725 regarding ambiguity in placement of sections 2725–2728. ### Part B Individual Market Rules21 21Section 111(b) of Public Law 104–191 (110 Stat. 1987) provides as follows: ``(b) Effective Date.— ``(1) In general.—Except as provided in this subsection, part B of title XXVII of the Public Health Service Act (as inserted by subsection (a)) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after June 30, 1997, regardless of when a period of creditable coverage occurs. ``(2) Application of certification rules.—The provisions of section 102(d)(2) of this Act shall apply to section 2743 of the the Public Health Service Act in the same manner as it applies to section 2701(e) of such Act.''. With respect to paragraph

(2)of such section 111(b), subsection

(d)of section 102 of Public Law 104–191 is not divided into paragraphs

(1)and

(2)(and the subsection relates to a technical correction). Subsection (c)(2) of such section 102 does relate to certifications. #### Subpart 1 Portability, Access, and Renewability Requirements

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Pub. L. 104-191
110 Stat. 1971
110 Stat. 1987

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Sec. 2724

PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION

Pub. L.Pub. L. 104-191

Stat.110 Stat. 1971

Stat.110 Stat. 1987

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