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Code · U.S. Code · Title 42 - THE PUBLIC HEALTH AND WELFARE · CHAPTER 6A— PUBLIC HEALTH SERVICE · SUBCHAPTER XXV— REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE · § 300gg

§ 300gg. Fair health insurance premiums

2,008 words·~9 min read·/usc/title-42/section-300gg

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)11 So in original. No subsec.
(b)has been enacted. Prohibiting discriminatory premium rates
(1)In general With respect to the premium rate charged by a health insurance issuer for health insurance coverage offered in the individual or small group market—
(A)such rate shall vary with respect to the particular plan or coverage involved only by—
(i)whether such plan or coverage covers an individual or family;
(ii)rating area, as established in accordance with paragraph (2);
(iii)age, except that such rate shall not vary by more than 3 to 1 for adults (consistent with section 300gg–6(c) of this title); and
(iv)tobacco use, except that such rate shall not vary by more than 1.5 to 1; and
(B)such rate shall not vary with respect to the particular plan or coverage involved by any other factor not described in subparagraph (A).
(2)Rating area
(A)In general Each State shall establish 1 or more rating areas within that State for purposes of applying the requirements of this subchapter.
(B)Secretarial review The Secretary shall review the rating areas established by each State under subparagraph
(A)to ensure the adequacy of such areas for purposes of carrying out the requirements of this subchapter. If the Secretary determines a State’s rating areas are not adequate, or that a State does not establish such areas, the Secretary may establish rating areas for that State.
(3)Permissible age bands The Secretary, in consultation with the National Association of Insurance Commissioners, shall define the permissible age bands for rating purposes under paragraph (1)(A)(iii).
(4)Application of variations based on age or tobacco use With respect to family coverage under a group health plan or health insurance coverage, the rating variations permitted under clauses
(iii)and
(iv)of paragraph (1)(A) shall be applied based on the portion of the premium that is attributable to each family member covered under the plan or coverage.
(5)Special rule for large group market If a State permits health insurance issuers that offer coverage in the large group market in the State to offer such coverage through the State Exchange (as provided for under section 18032(f)(2)(B) of this title), the provisions of this subsection shall apply to all coverage offered in such market (other than self-insured group health plans offered in such market) in the State.
(July 1, 1944, ch. 373, title XXVII, § 2701, as added and amended Pub. L. 111–148, title I, § 1201(4), title X, § 10103(a), Mar. 23, 2010, 124 Stat. 155, 892.)
Connections786 cite this · traces to 6
Cited by 786 sections · top 60
U.S. Code
27 references not yet in our index
  • July 1, 1944, ch. 373
  • Pub. L. 111–148, title I, § 1201(4)
  • 124 Stat. 155
  • act July 1, 1944, ch. 373, title XXVII, § 2701
  • Pub. L. 104–191, title I, § 102(a)
  • 110 Stat. 1955
  • Pub. L. 111–3, title III, § 311(b)(2)
  • 123 Stat. 70
  • Pub. L. 111–5, div. B, title I, § 1899D(c)
  • 123 Stat. 426
  • Pub. L. 111–344, title I, § 114(c)
  • 124 Stat. 3615
  • Pub. L. 112–40, title II, § 242(a)(3)
  • 125 Stat. 419
  • Pub. L. 111–148, title I
  • 124 Stat. 154
  • Pub. L. 111–148, § 10103(a)
  • Pub. L. 111–148, title I, § 1255
  • 124 Stat. 162
  • Pub. L. 111–148
  • Pub. L. 104–191, title I, § 102(c)
  • 110 Stat. 1976
  • Pub. L. 104–191, title I, § 195
  • 110 Stat. 1991
  • Pub. L. 104–191, title I, § 191
  • 110 Stat. 1987
  • Pub. L. 104–191
Citation graph
cites case law
§ 300gg
Fair health insurance premiums
Bills×293
Fed. Reg.×241
U.S.C.×199
Stat.×29
Pub. L.×11
Stat. Comp.×11
C.F.R.×2
ActJuly 1, 1944, ch. 373
Pub. L.Pub. L. 111–148, title I, § 1201(4)
Stat.124 Stat. 155
Actact July 1, 1944, ch. 373, title XXVII, § 2701
Pub. L.Pub. L. 104–191, title I, § 102(a)
Cites 33 · showing 11Cited by 786 across 7 sources
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