
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300e-10]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XI--HEALTH MAINTENANCE ORGANIZATIONS
 
Sec. 300e-10. Restrictive State laws and practices


(a) Entities operating as health maintenance organizations

    In the case of any entity--
        (1) which cannot do business as a health maintenance 
    organization in a State in which it proposes to furnish basic and 
    supplemental health services because that State by law, regulation, 
    or otherwise--
            (A) requires as a condition to doing business in that State 
        that a medical society approve the furnishing of services by the 
        entity,
            (B) requires that physicians constitute all or a percentage 
        of its governing body,
            (C) requires that all physicians or a percentage of 
        physicians in the locale participate or be permitted to 
        participate in the provision of services for the entity,
            (D) requires that the entity meet requirements for insurers 
        of health care services doing business in that State respecting 
        initial capitalization and establishment of financial reserves 
        against insolvency, or
            (E) imposes requirements which would prohibit the entity 
        from complying with the requirements of this subchapter, and

        (2) for which a grant, contract, loan, or loan guarantee was 
    made under this subchapter or which is a qualified health 
    maintenance organization for purposes of section 300e-9 of this 
    title (relating to employees' health benefits plans),

such requirements shall not apply to that entity so as to prevent it 
from operating as a health maintenance organization in accordance with 
section 300e of this title.

(b) Advertising

    No State may establish or enforce any law which prevents a health 
maintenance organization for which a grant, contract, loan, or loan 
guarantee was made under this subchapter or which is a qualified health 
maintenance organization for purposes of section 300e-9 of this title 
(relating to employees' health benefits plans), from soliciting members 
through advertising its services, charges, or other nonprofessional 
aspects of its operation. This subsection does not authorize any 
advertising which identifies, refers to, or makes any qualitative 
judgement concerning, any health professional who provides services for 
a health maintenance organization.

(c) Digest of State laws, regulations, and practices; legal consultative 
        assistance

    The Secretary shall, within 6 months after October 8, 1976, develop 
a digest of State laws, regulations, and practices pertaining to 
development, establishment, and operation of health maintenance 
organizations which shall be updated at least annually and relevant 
sections of which shall be provided to the Governor of each State 
annually. Such digest shall indicate which State laws, regulations, and 
practices appear to be inconsistent with the operation of this section. 
The Secretary shall also insure that appropriate legal consultative 
assistance is available to the States for the purpose of complying with 
the provisions of this section.

(July 1, 1944, ch. 373, title XIII, Sec. 1311, as added Pub. L. 93-222, 
Sec. 2, Dec. 29, 1973, 87 Stat. 931; amended Pub. L. 94-460, title I, 
Sec. 114, Oct. 8, 1976, 90 Stat. 1954; Pub. L. 99-660, title VIII, 
Sec. 809, Nov. 14, 1986, 100 Stat. 3801; Pub. L. 100-517, Sec. 8, Oct. 
24, 1988, 102 Stat. 2583.)


                            Prior Provisions

    A prior section 1311 of act July 1, 1944, was classified to section 
211a of this title prior to repeal by Pub. L. 93-222, Sec. 7(b).


                               Amendments

    1988--Subsec. (a)(1)(E). Pub. L. 100-517 added subpar. (E).
    1986--Subsec. (c). Pub. L. 99-660 substituted ``annually'' for 
``quarterly'' after ``at least''.
    1976--Subsec. (c). Pub. L. 94-460 added subsec. (c).


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-660 effective Oct. 1, 1985, see section 
815(a) of Pub. L. 99-660, set out as an Effective and Termination Dates 
of 1986 Amendment note under section 300e-1 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-460 effective Oct. 8, 1976, see section 118 
of Pub. L. 94-460, set out as a note under section 300e of this title.
