
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300bb-8]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
 SUBCHAPTER XX--REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN 
                        STATE AND LOCAL EMPLOYEES
 
Sec. 300bb-8. Definitions

    For purposes of this subchapter--

                        (1) Group health plan

        The term ``group health plan'' has the meaning given such term 
    in 5000(b) \1\ of title 26. Such term shall not include any plan 
    substantially all of the coverage under which is for qualified long-
    term care services (as defined in section 7702B(c) of title 26).
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    \1\ So in original. Probably should be preceded by ``section''.
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                        (2) Covered employee

        The term ``covered employee'' means an individual who is (or 
    was) provided coverage under a group health plan by virtue of the 
    performance of services by the individual for 1 or more persons 
    maintaining the plan (including as an employee defined in section 
    401(c)(1) of title 26).

                      (3) Qualified beneficiary

        (A) In general

            The term ``qualified beneficiary'' means, with respect to a 
        covered employee under a group health plan, any other individual 
        who, on the day before the qualifying event for that employee, 
        is a beneficiary under the plan--
                (i) as the spouse of the covered employee, or
                (ii) as the dependent child of the employee.

        Such term shall also include a child who is born to or placed 
        for adoption with the covered employee during the period of 
        continuation coverage under this subchapter.

        (B) Special rule for terminations and reduced employment

            In the case of a qualifying event described in section 
        300bb-3(2) of this title, the term ``qualified beneficiary'' 
        includes the covered employee.

                       (4) Plan administrator

        The term ``plan administrator'' has the meaning given the term 
    ``administrator'' by section 1002(16)(A) of title 29.

(July 1, 1944, ch. 373, title XXII, Sec. 2208, as added Pub. L. 99-272, 
title X, Sec. 10003(a), Apr. 7, 1986, 100 Stat. 236; amended Pub. L. 
100-647, title III, Sec. 3011(b)(7), Nov. 10, 1988, 102 Stat. 3625; Pub. 
L. 101-239, title VI, Sec. 6801(c)(1), Dec. 19, 1989, 103 Stat. 2297; 
Pub. L. 104-191, title I, Sec. 102(d), title III, Sec. 321(d)(3), title 
IV, Sec. 421(a)(3), Aug. 21, 1996, 110 Stat. 1978, 2059, 2088.)


                               Amendments

    1996--Par. (1). Pub. L. 104-191, Sec. 321(d)(3), inserted at end 
``Such term shall not include any plan substantially all of the coverage 
under which is for qualified long-term care services (as defined in 
section 7702B(c) of title 26).''
    Pub. L. 104-191, Sec. 102(d), substituted ``5000(b)'' for ``section 
162(i)(2)''.
    Par. (3)(A). Pub. L. 104-191, Sec. 421(a)(3), inserted at end ``Such 
term shall also include a child who is born to or placed for adoption 
with the covered employee during the period of continuation coverage 
under this subchapter.''
    1989--Par. (2). Pub. L. 101-239 substituted ``the performance of 
services by the individual for 1 or more persons maintaining the plan 
(including as an employee defined in section 401(c)(1) of title 26)'' 
for ``the individual's employment or previous employment with an 
employer''.
    1988--Par. (1). Pub. L. 100-647 substituted ``section 162(i)(2) of 
the Internal Revenue Code of 1986'' for ``section 162(i)(3) of the 
Internal Revenue Code of 1954'', which for purposes of codification was 
translated as ``section 162(i)(2) of title 26''.


                    Effective Date of 1996 Amendment

    Amendment by section 321(d)(3) of Pub. L. 104-191 applicable to 
contracts issued after Dec. 31, 1996, see section 321(f) of Pub. L. 104-
191, set out as an Effective Date note under section 7702B of Title 26, 
Internal Revenue Code.
    Amendment by section 421(a)(3) of Pub. L. 104-191 effective Jan. 1, 
1997, regardless of whether the qualifying event occurred before, on, or 
after such date, see section 421(d) of Pub. L. 104-191, set out as a 
note under section 4980B of Title 26.


                    Effective Date of 1989 Amendment

    Section 6801(c)(2) of Pub. L. 101-239 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply to plan years 
beginning after December 31, 1989.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-647 applicable to taxable years beginning 
after Dec. 31, 1988, but not applicable to any plan for any plan year to 
which section 162(k) of Title 26, Internal Revenue Code (as in effect on 
the day before Nov. 10, 1988), did not apply by reason of section 
10001(e)(2) of Pub. L. 99-272, see section 3011(d) of Pub. L. 100-647, 
set out as a note under section 162 of Title 26.

                  Section Referred to in Other Sections

    This section is referred to in section 300bb-5 of this title.
