
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: 42USC300gg-23]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER XXV--REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE
 
                      Part A--Group Market Reforms
 
         subpart 4--exclusion of plans; enforcement; preemption
 
Sec. 300gg-23. Preemption; State flexibility; construction


(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) of this section, this part and part C of this subchapter insofar 
    as it relates to this part 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 group health insurance coverage 
    except to the extent that such standard or requirement prevents the 
    application of a requirement of this part.

     (2) Continued preemption with respect to group health plans

        Nothing in this part shall be construed to affect or modify the 
    provisions of section 1144 of title 29 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 300gg of this title \1\ which differs from the 
    standards or requirements specified in such section.
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    \1\ See References in Text note below.
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                           (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) substitutes for the reference to ``6-month period'' in 
        section 300gg(a)(1) of this title a reference to any shorter 
        period of time;
            (ii) substitutes for the reference to ``12 months'' and ``18 
        months'' in section 300gg(a)(2) of this title a reference to any 
        shorter period of time;
            (iii) substitutes for the references to ``63'' days in 
        sections 300gg(c)(2)(A) and 300gg(d)(4)(A) \2\ of this title a 
        reference to any greater number of days;
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    \2\ So in original. Probably should be ``300gg(d)(4)''.
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            (iv) substitutes for the reference to ``30-day period'' in 
        sections 300gg(b)(2) and 300gg(d)(1) of this title a reference 
        to any greater period;
            (v) prohibits the imposition of any preexisting condition 
        exclusion in cases not described in section 300gg(d) of this 
        title or expands the exceptions described in such section;
            (vi) requires special enrollment periods in addition to 
        those required under section 300gg(f) of this title; or
            (vii) reduces the maximum period permitted in an affiliation 
        period under section 300gg(g)(1)(B) of this title.

(c) Rules of construction

    Nothing in this part (other than section 300gg-4 of this title) 
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.

(July 1, 1944, ch. 373, title XXVII, Sec. 2723, as added Pub. L. 104-
191, title I, Sec. 102(a), Aug. 21, 1996, 110 Stat. 1971; amended Pub. 
L. 104-204, title VI, Sec. 604(b)(2), Sept. 26, 1996, 110 Stat. 2941.)

                       References in Text

    Section 300gg of this title, referred to in subsec. (b)(1), was in 
the original ``section 701'' and was translated as reading ``section 
2701'' meaning section 2701 of act July 1, 1944, as added by Pub. L. 
104-191, Sec. 102(a), to reflect the probable intent of Congress.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-204 inserted ``(other than section 
300gg-4 of this title)'' after ``part''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-204 applicable with respect to group health 
plans for plan years beginning on or after Jan. 1, 1998, see section 
604(c) of Pub. L. 104-204 set out as an Effective Date note under 
section 300gg-4 of this title.


                             Effective Date

    Section applicable with respect to group health plans, and health 
insurance coverage offered in connection with group health plans, for 
plan years beginning after June 30, 1997, except as otherwise provided, 
see section 102(c) of Pub. L. 104-191, set out as a note under section 
300gg of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300gg-4, 300gg-22, 300gg-51 
of this title.
