US Code

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

42 U.S.C. § 300gg–62

Preemption and application

Section text and notes

(a)

In general

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

Application of part A provisions

(1)

In general

The provisions of part A shall apply to health insurance issuers providing health insurance coverage in the individual market in a State as provided for in such part.

(2)

Clarification

To the extent that any provision of this part conflicts with a provision of part A with respect to health insurance issuers providing health insurance coverage in the individual market in a State, the provisions of such part A shall apply.

July 1, 1944, ch. 373 Pub. L. 104–191, title I, § 111(a)110 Stat. 1987 Pub. L. 104–204, title VI, § 605(a)(2)110 Stat. 2941 Pub. L. 111–148, title I, § 1563(c)(15)124 Stat. 269 (, title XXVII, § 2762, formerly § 2746, as added , , ; renumbered § 2762 and amended, , (b)(3), , , 2942; , formerly § 1562(c)(15), title X, § 10107(b)(1), , , 911.)

Editorial Notes

Amendments

Pub. L. 111–148, § 1563(c)(15)(A)Pub. L. 111–148, § 10107(b)(1)2010—, formerly § 1562(c)(15)(A), as renumbered by , inserted “and application” after “Preemption” in section catchline.

Pub. L. 111–148, § 1563(c)(15)(B)Pub. L. 111–148, § 10107(b)(1)Subsec. (c). , formerly § 1562(c)(15)(B), as renumbered by , added subsec. (c).

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

Statutory Notes and Related Subsidiaries

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 .