Section text and notes
State enforcement
State authority
section 300gg–62 of this titleSubject to , 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.
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) insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in the individual market in such State.
Secretarial enforcement authority
section 300gg–22(b)(2) of this titlesection 300gg–22(b)(3) of this title1
July 1, 1944, ch. 373 Pub. L. 104–191, title I, § 111(a)110 Stat. 1986 Pub. L. 104–204, title VI, § 605(a)(2)110 Stat. 2941 Pub. L. 110–233, title I, § 102(b)(2)122 Stat. 895 (, title XXVII, § 2761, formerly § 2745, as added , , ; renumbered § 2761 and amended , (b)(2), , , 2942; , , .)
Editorial Notes
References in Text
Section 300gg–22(b)(2) of this titlesection 300gg–22(b)(3) of this titlePub. L. 111–148, title I124 Stat. 130 , and , referred to in subsec. (b), was in the original “section 2722(b)(2), and section 2722(b)(3)” and was translated as meaning section 2723(b)(2) and section 2723(b)(3) of act , to reflect the probable intent of Congress and the renumbering of section 2722 as 2723 by , §§ 1001(4), 1563(c)(13)(C), formerly § 1562(c)(13)(C), title X, § 10107(b)(1), , , 269, 911.
Amendments
Pub. L. 110–233section 300gg–22(b)(2) of this title2008—Subsec. (b). amended subsec. (b) generally. Prior to amendment, text read as follows: “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 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.”
Pub. L. 104–204section 300gg–62 of this title1996—Subsec. (a)(1). made technical amendment to reference in original act which appears in text as reference to .
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–233section 102(d)(2) of Pub. L. 110–233section 300gg–21 of this titleAmendment by applicable, with respect to group health plans and health insurance coverage offered in connection with group health plans, for plan years beginning after the date that is one year after , and, with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market, after the date that is one year after , see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–204section 605(c) of Pub. L. 104–204section 300gg–44 of this titleAmendment by applicable to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after , see , set out as a note under .
Effective Date
section 111(b) of Pub. L. 104–191section 300gg–41 of this titleSection applicable with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after , regardless of when a period of creditable coverage occurs, see , set out as a note under .