29 USC 1191 - Preemption; State flexibility; construction

U.S Code last checked for updates: Nov 22, 2024

§ 1191.

Preemption; State flexibility; construction

(a)

Continued applicability of State law with respect to health insurance issuers

(1)

In general

(2)

Continued preemption with respect to group health plans

(b)

Special rules in case of portability requirements

(1)

In general

(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—

(A)

substitutes for the reference to “6-month period” in section 1181(a)(1) of this title a reference to any shorter period of time;

(B)

substitutes for the reference to “12 months” and “18 months” in section 1181(a)(2) of this title a reference to any shorter period of time;

(C)

substitutes for the references to “63 days” in sections 1181(c)(2)(A) and (d)(4)(A) 1

 So in original. Section 1181(d)(4) of this title does not contain subpars.

of this title a reference to any greater number of days;

(D)

substitutes for the reference to “30-day period” in sections 1181(b)(2) 2

 So in original. Section 1181(b)(2) of this title does not refer to a 30-day period.

and (d)(1) of this title a reference to any greater period;

(E)

prohibits the imposition of any preexisting condition exclusion in cases not described in section 1181(d) of this title or expands the exceptions described in such section;

(F)

requires special enrollment periods in addition to those required under section 1181(f) of this title; or

(G)

reduces the maximum period permitted in an affiliation period under section 1181(g)(1)(B) 3

 So in original. Probably should be “1181(g)(1)(C)”.

of this title.

(c)

Rules of construction

(d)

Definitions

For purposes of this section—

(1)

State law

(2)

State

(Pub. L. 93–406, title I, § 731, formerly § 704, as added Pub. L. 104–191, title I, § 101(a), Aug. 21, 1996, 110 Stat. 1946; renumbered § 731 and amended Pub. L. 104–204, title VI, § 603(a)(3), (b)(1), Sept. 26, 1996, 110 Stat. 2935, 2937.)

cite as: 29 USC 1191