US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 300gg–5

Non-discrimination in health care

Section text and notes

(a)

Providers

A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider’s license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions for participation established by the plan or issuer. Nothing in this section shall be construed as preventing a group health plan, a health insurance issuer, or the Secretary from establishing varying reimbursement rates based on quality or performance measures.

(b)

Individuals

1

1 See References in Text note below.
The provisions of section 218c  of title 29 (relating to non-discrimination) shall apply with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage.

July 1, 1944, ch. 373 Pub. L. 111–148, title I, § 1201(4)124 Stat. 160 (, title XXVII, § 2706, as added , , .)

Editorial Notes

References in Text

Section 218c of title 29section 1558 of Pub. L. 111–148act June 25, 1938, ch. 676 section 1558 of Pub. L. 111–148, referred to in subsec. (b), was in the original “section 1558 of the Patient Protection and Affordable Care Act”, meaning , and was translated as meaning section 18C of , which was added by , to reflect the probable intent of Congress.

Prior Provisions

act July 1, 1944, ch. 373, title XXVII, § 2705 Pub. L. 104–204, title VII, § 703(a)110 Stat. 2947 section 300gg–26 of this titleA prior section 300gg–5, , as added , , , and amended, which related to parity in mental health and substance use disorder benefits, was renumbered section 2726 of act , and transferred to .

section 300gg–27 of this titleA prior section 2706 of act , was renumbered section 2727 and is classified to .

section 238e of this titleAnother prior section 2706 of act , was successively renumbered by subsequent acts and transferred, see .

Statutory Notes and Related Subsidiaries

Effective Date

section 1255 of Pub. L. 111–148section 300gg of this titleSection effective for plan years beginning on or after , see , set out as a note under .

Implementing Protections Against Provider Discrimination

Pub. L. 116–260, div. BB, title I, § 108134 Stat. 2859

42 U.S.C. 300gg–5(a)42 U.S.C. 300gg–5(a)“Not later than , the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall issue a proposed rule implementing the protections of section 2706(a) of the Public Health Service Act (). The Secretaries shall accept and consider public comments on any proposed rule issued pursuant to this subsection for a period of 60 days after the date of such issuance. Not later than 6 months after the date of the conclusion of the comment period, the Secretaries shall issue a final rule implementing the protections of section 2706(a) of the Public Health Service Act ().”
, , , provided that: