
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-62]

 
                 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-62. Preemption


(a) In general

    Subject to subsection (b) of this section, nothing in this part (or 
part C of this subchapter insofar as it applies to this part) shall be 
construed to prevent a State from establishing, implementing, or 
continuing in effect standards and requirements unless such standards 
and requirements prevent the application of a requirement of this part.

(b) Rules of construction

    (1) Nothing in this part (or part C of this subchapter insofar as it 
applies to this part) shall be construed to affect or modify the 
provisions of section 1144 of title 29.
    (2) Nothing in this part (other than section 300gg-51 of this title) 
shall be construed as requiring health insurance coverage offered in the 
individual market to provide specific benefits under the terms of such 
coverage.

(July 1, 1944, ch. 373, title XXVII, Sec. 2762, formerly Sec. 2746, as 
added Pub. L. 104-191, title I, Sec. 111(a), Aug. 21, 1996, 110 Stat. 
1987; renumbered Sec. 2762 and amended, Pub. L. 104-204, title VI, 
Sec. 605(a)(2), (b)(3), Sept. 26, 1996, 110 Stat. 2941, 2942.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-204, Sec. 605(b)(3), designated 
existing provisions as par. (1) and added par. (2).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 300gg-44, 300gg-51, 300gg-61 
of this title.
