US Code

Public Law 119-103 (09/02/2026)

42 U.S.C. § 300gg–9

Disclosure of information

Section text and notes

(a)

Disclosure of information by health plan issuers

In connection with the offering of any health insurance coverage to a small employer or an individual, a health insurance issuer—
(1)
1
1 So in original.
shall make a reasonable disclosure to such employer, or individual, as applicable,, as part of its solicitation and sales materials, of the availability of information described in subsection (b), and
(2)
2
2 So in original. Probably should be “an”.
1 upon request of such a  employer, or individual, as applicable,, provide such information.
(b)

Information described

(1)

In general

21Subject to paragraph (3), with respect to a health insurance issuer offering health insurance coverage to a  employer, or individual, as applicable,, information described in this subsection is information concerning—
(A)
the provisions of such coverage concerning issuer’s right to change premium rates and the factors that may affect changes in premium rates; and
(B)
the benefits and premiums available under all health insurance coverage for which the employer, or individual, as applicable, is qualified.
(2)

Form of information

1Information under this subsection shall be provided to employers, or individuals, as applicable, in a manner determined to be understandable by the average employer, or individual, as applicable,, and shall be sufficient to reasonably inform employers, or individuals, as applicable, of their rights and obligations under the health insurance coverage.

(3)

Exception

An issuer is not required under this section to disclose any information that is proprietary and trade secret information under applicable law.

July 1, 1944, ch. 373 Pub. L. 104–191, title I, § 102(a)110 Stat. 1966 Pub. L. 111–148, title I124 Stat. 130 (, title XXVII, § 2709, formerly § 2713, as added , , ; renumbered § 2733, renumbered § 2709, and amended , §§ 1001(3), 1563(c)(10), formerly § 1562(c)(10), title X, § 10107(b)(1), , , 268, 911.)

Editorial Notes

Codification

section 300gg–13 of this titlePub. L. 111–148Section was formerly classified to prior to renumbering by .

section 300gg–8 of this titleAnother section 2709 of act , is classified to .

Prior Provisions

section 238h of this titleA prior section 2709 of act , was successively renumbered by subsequent acts and transferred, see .

Amendments

Pub. L. 111–148, § 1563(c)(10)(A)Pub. L. 111–148, § 10107(b)(1)2010—Subsec. (a). , formerly § 1562(c)(10)(A), as renumbered by , in introductory provisions substituted “small employer or an individual” for “small employer”, in par. (1) inserted “, or individual, as applicable,” after “employer”, and in par. (2) substituted “employer, or individual, as applicable,” for “small employer”.

Pub. L. 111–148, § 1563(c)(10)(B)(i)Pub. L. 111–148, § 10107(b)(1)Subsec. (b)(1). , formerly § 1562(c)(10)(B)(i), as renumbered by , in introductory provisions substituted “employer, or individual, as applicable,” for “small employer”, in subpar. (A), inserted “and” at end, struck out subpars. (B) and (C) which related to provisions of coverage relating to renewability of coverage and preexisting condition exclusions, respectively, in subpar. (D), inserted “, or individual, as applicable,” after “employer”, and redesignated subpar. (D) as (B).

Pub. L. 111–148, § 1563(c)(10)(B)(ii)Pub. L. 111–148, § 10107(b)(1)Subsec. (b)(2). , formerly § 1562(c)(10)(B)(ii), as renumbered by , substituted “employer, or individual, as applicable,” for “small employer” and “employers, or individuals, as applicable,” for “small employers” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

section 102(c) of Pub. L. 104–191section 300gg of this titleSection applicable with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after , except as otherwise provided, see , set out as a note under .

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