
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-61]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER XXV--REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE
 
                     Part B--Individual Market Rules
 
                      subpart 3--general provisions
 
Sec. 300gg-61. Enforcement


(a) State enforcement

                         (1) State authority

        Subject to section 300gg-62 of this title, each State may 
    require that health insurance issuers that issue, sell, renew, or 
    offer health insurance coverage in the State in the individual 
    market meet the requirements established under this part with 
    respect to such issuers.

                (2) Failure to implement requirements

        In the case of a State that fails to substantially enforce the 
    requirements set forth in this part with respect to health insurance 
    issuers in the State, the Secretary shall enforce the requirements 
    of this part under subsection (b) of this section insofar as they 
    relate to the issuance, sale, renewal, and offering of health 
    insurance coverage in the individual market in such State.

(b) Secretarial enforcement authority

    The Secretary shall have the same authority in relation to 
enforcement of the provisions of this part with respect to issuers of 
health insurance coverage in the individual market in a State as the 
Secretary has under section 300gg-22(b)(2) of this title in relation to 
the enforcement of the provisions of part A of this subchapter with 
respect to issuers of health insurance coverage in the small group 
market in the State.

(July 1, 1944, ch. 373, title XXVII, Sec. 2761, formerly Sec. 2745, as 
added Pub. L. 104-191, title I, Sec. 111(a), Aug. 21, 1996, 110 Stat. 
1986; renumbered Sec. 2761 and amended Pub. L. 104-204, title VI, 
Sec. 605(a)(2), (b)(2), Sept. 26, 1996, 110 Stat. 2941, 2942.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-204 made technical amendment to 
reference in original act which appears in text as reference to section 
300gg-62 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-204 applicable to health insurance coverage 
offered, sold, issued, renewed, in effect, or operated in the individual 
market on or after Jan. 1, 1998, see section 605(c) of Pub. L. 104-204, 
set out as a note under section 300gg-44 of this title.


                             Effective Date

    Section applicable 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, see section 111(b) of Pub. L. 104-191, set out as a 
note under section 300gg-41 of this title.
