Section text and notes
Group health plan
Definition
29 U.S.C. 1002(1)42 U.S.C. 1320dsection 9831(d)(2) of title 26The term “group health plan” means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 []) to the extent that the plan provides medical care (as defined in paragraph (2)) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. Except for purposes of part C of title XI of the Social Security Act ( et seq.), such term shall not include any qualified small employer health reimbursement arrangement (as defined in ).
Medical care
Treatment of certain plans as group health plan for notice provision
1
Definitions relating to health insurance
Health insurance coverage
The term “health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.
Health insurance issuer
29 U.S.C. 1144(b)(2)The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 []). Such term does not include a group health plan.
Health maintenance organization
Group health insurance coverage
The term “group health insurance coverage” means, in connection with a group health plan, health insurance coverage offered in connection with such plan.
Individual health insurance coverage
The term “individual health insurance coverage” means health insurance coverage offered to individuals in the individual market, but does not include short-term limited duration insurance.
Excepted benefits
Benefits not subject to requirements
Benefits not subject to requirements if offered separately
Benefits not subject to requirements if offered as independent, noncoordinated benefits
Benefits not subject to requirements if offered as separate insurance policy
section 1395ss(g)(1) of this titleMedicare supplemental health insurance (as defined under ), coverage supplemental to the coverage provided under chapter 55 of title 10, and similar supplemental coverage provided to coverage under a group health plan.
Other definitions
Applicable State authority
The term “applicable State authority” means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this subchapter for the State involved with respect to such issuer.
Beneficiary
29 U.S.C. 1002(8)The term “beneficiary” has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974 [].
Bona fide association
COBRA continuation provision
Employee
29 U.S.C. 1002(6)The term “employee” has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 [].
Employer
29 U.S.C. 1002(5)The term “employer” has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974 [], except that such term shall include only employers of two or more employees.
Church plan
29 U.S.C. 1002(33)The term “church plan” has the meaning given such term under section 3(33) of the Employee Retirement Income Security Act of 1974 [].
Governmental plan
Federal governmental plan .—
Non-Federal governmental plan .—
Health status-related factor
1The term “health status-related factor” means any of the factors described in section 2702(a)(1).
Network plan
The term “network plan” means health insurance coverage of a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer.
Participant
29 U.S.C. 1002(7)The term “participant” has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 [].
Placed for adoption defined
The term “placement”, or being “placed”, for adoption, in connection with any placement for adoption of a child with any person, means the assumption and retention by such person of a legal obligation for total or partial support of such child in anticipation of adoption of such child. The child’s placement with such person terminates upon the termination of such legal obligation.
Plan sponsor
29 U.S.C. 1002(16)(B)The term “plan sponsor” has the meaning given such term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974 [].
State
The term “State” means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
Family member
Genetic information
In general
Inclusion of genetic services and participation in genetic research
Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.
Exclusions
The term “genetic information” shall not include information about the sex or age of any individual.
Genetic test
In general
The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.
Exceptions
Genetic services
Underwriting purposes
Qualified health plan
section 18021(a) of this titleThe term “qualified health plan” has the meaning given such term in .
Exchange
section 18031 of this titleThe term “Exchange” means an American Health Benefit Exchange established under .
Definitions relating to markets and small employers
Individual market
In general
The term “individual market” means the market for health insurance coverage offered to individuals other than in connection with a group health plan.
Treatment of very small groups
In general
2
State exception
Clause (i) shall not apply in the case of a State that elects to regulate the coverage described in such clause as coverage in the small group market.
Large employer
The term “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year.
Large group market
The term “large group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer.
Small employer
3
Small group market
The term “small group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a small employer.
Application of certain rules in determination of employer size
Application of aggregation rule for employers
4
Employers not in existence in preceding year
In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small or large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year.
Predecessors
Any reference in this subsection to an employer shall include a reference to any predecessor of such employer.
State option to extend definition of small employer
Notwithstanding paragraphs (2) and (4), nothing in this section shall prevent a State from applying this subsection by treating as a small employer, with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year.
July 1, 1944, ch. 373 Pub. L. 104–191, title I, § 102(a)110 Stat. 1972 Pub. L. 110–233, title I, § 102(a)(4)122 Stat. 890 Pub. L. 111–148, title I, § 1563(b)124 Stat. 264 Pub. L. 114–60, § 2(b)129 Stat. 543 Pub. L. 114–255, div. C, title XVIII, § 18001(c)(1)130 Stat. 1344 (, title XXVII, § 2791, as added , , ; amended , , ; , (c)(16), formerly § 1562(b), (c)(16), title X, § 10107(b)(1), , , 269, 911; , , ; , , .)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsec. (a)(1), is , . Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
section 300gg of this titlePub. L. 111–148, title I124 Stat. 154 section 300gg–3 of this titlePub. L. 111–148, title I, § 1201(4)124 Stat. 155 section 300gg of this titleSection 2701, referred to in subsecs. (a)(3) and (d)(15)(A), is a reference to section 2701 of act . Section 2701, which was classified to , was renumbered section 2704, effective for plan years beginning on or after , with certain exceptions, and amended, by , §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), , , 264, 911, and was transferred to . A new section 2701 of act , related to fair health insurance premiums, was added, effective for plan years beginning on or after , and amended, by , title X, § 10103(a), , , 892, and is classified to .
Pub. L. 93–40688 Stat. 829 section 1001 of Title 29The Employee Retirement Income Security Act of 1974, referred to in subsec. (d)(4)(B), is , , . Part 6 of subtitle B of title I of the Act is classified generally to part 6 (§ 1161 et seq.) of subtitle B of subchapter I of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
section 300gg–1 of this titlePub. L. 111–148, title I, § 1201(3)124 Stat. 154 section 300gg–4 of this titlePub. L. 111–148, title I, § 1201(4)124 Stat. 156 section 300gg–1 of this titleSection 2702, referred to in subsec. (d)(9), is a reference to section 2702 of act . Section 2702, which was classified to , was amended by , , , and was transferred to subsecs. (b) to (f) of , effective for plan years beginning on or after . A new section 2702, related to guaranteed availability of coverage, was added by , , , effective for plan years beginning on or after , and is classified to .
Amendments
Pub. L. 114–25542 U.S.C. 1320dsection 9831(d)(2) of title 262016—Subsec. (a)(1). inserted at end “Except for purposes of part C of title XI of the Social Security Act ( et seq.), such term shall not include any qualified small employer health reimbursement arrangement (as defined in ).”
Pub. L. 114–60, § 2(b)(1)2015—Subsec. (e)(2). , substituted “51” for “101”.
Pub. L. 114–60, § 2(b)(2)Subsec. (e)(4). , substituted “50” for “100”.
Pub. L. 114–60, § 2(b)(3)Subsec. (e)(7). , added par. (7).
Pub. L. 111–148, § 1563(b)Pub. L. 111–148, § 10107(b)(1)2010—Subsec. (d)(20), (21). , formerly § 1562(b), as renumbered by , added pars. (20) and (21).
Pub. L. 111–148, § 1563(c)(16)(A)Pub. L. 111–148, § 10107(b)(1)Subsec. (e)(2). , formerly § 1562(c)(16)(A), as renumbered by , substituted “101” for “51”.
Pub. L. 111–148, § 1563(c)(16)(B)Pub. L. 111–148, § 10107(b)(1)Subsec. (e)(4). , formerly § 1562(c)(16)(B), as renumbered by , substituted “100” for “50” and “at least 1” for “at least 2” in two places.
Pub. L. 110–2332008—Subsec. (d)(15) to (19). added pars. (15) to (19).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–255section 18001(c)(3) of Pub. L. 114–255section 300bb–8 of this titleAmendment by applicable to plan years beginning after , see , set out as a note under .
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 .