For purposes of this chapter, the term “group health plan” has the meaning given to such term by section
(b) Definitions relating to health insurance
For purposes of this chapter—
(1) Health insurance coverage
(A) In general
Except as provided in subparagraph (B), the term “health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise) 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.
(B) No application to certain excepted benefits
In applying subparagraph (A), excepted benefits described in subsection (c)(1) shall not be treated as benefits consisting of medical care.
(2) Health insurance issuer
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, as in effect on the date of the enactment of this section). Such term does not include a group health plan.
(3) Health maintenance organization
The term “health maintenance organization” means—
(A)a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))),
(B)an organization recognized under State law as a health maintenance organization, or
(C)a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization.
(c) Excepted benefits
For purposes of this chapter, the term “excepted benefits” means benefits under one or more (or any combination thereof) of the following:
(1) Benefits not subject to requirements
(A)Coverage only for accident, or disability income insurance, or any combination thereof.
(B)Coverage issued as a supplement to liability insurance.
(C)Liability insurance, including general liability insurance and automobile liability insurance.
(D)Workers’ compensation or similar insurance.
(E)Automobile medical payment insurance.
(G)Coverage for on-site medical clinics.
(H)Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.
(2) Benefits not subject to requirements if offered separately
(A)Limited scope dental or vision benefits.
(B)Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.
(C)Such other similar, limited benefits as are specified in regulations.
(3) Benefits not subject to requirements if offered as independent, noncoordinated benefits
(A)Coverage only for a specified disease or illness.
(B)Hospital indemnity or other fixed indemnity insurance.
(4) Benefits not subject to requirements if offered as separate insurance policy
Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act), coverage supplemental to the coverage provided under chapter
55 of title
10, United States Code, and similar supplemental coverage provided to coverage under a group health plan.
(d) Other definitions
For purposes of this chapter—
(1) COBRA continuation provision
The term “COBRA continuation provision” means any of the following:
4980B, other than subsection (f)(1) thereof insofar as it relates to pediatric vaccines.
(B)Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.), other than section 609 of such Act.
(C)Title XXII of the Public Health Service Act.
(2) Governmental plan
The term “governmental plan” has the meaning given such term by section
(3) Medical care
The term “medical care” has the meaning given such term by section
213(d) determined without regard to—
(A)paragraph (1)(C) thereof, and
(B)so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance.
(4) Network plan
The term “network plan” means health insurance coverage of a health insurance issuer under which the financing and delivery of medical care are provided, in whole or in part, through a defined set of providers under contract with the issuer.
(5) 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.
(6) Family member
The term “family member” means, with respect to any individual—
(A)a dependent (as such term is used for purposes of section 9801(f)(2)) of such individual, and
(B)any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).
(7) Genetic information
(A) In general
The term “genetic information” means, with respect to any individual, information about—
(i)such individual’s genetic tests,
(ii)the genetic tests of family members of such individual, and
(iii)the manifestation of a disease or disorder in family members of such individual.
(B) 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.
The term “genetic information” shall not include information about the sex or age of any individual.
(8) Genetic test
(A) In general
The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.
The term “genetic test” does not mean—
(i)an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes, or
(ii)an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.
(9) Genetic services
The term “genetic services” means—
(A)a genetic test;
(B)genetic counseling (including obtaining, interpreting, or assessing genetic information); or
(10) Underwriting purposes
The term “underwriting purposes” means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan—
(A)rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage;
(B)the computation of premium or contribution amounts under the plan or coverage;
(C)the application of any pre-existing condition exclusion under the plan or coverage; and
(D)other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.
The Employee Retirement Income Security Act of 1974, referred to in subsecs. (b)(2) and (d)(1)(B), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 832, as amended. Section 514(b)(2) of the Act is classified to section
1144(b)(2) of Title
29, Labor. Section 609 of the Act is classified to section
1169 of Title
29. 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. For complete classification of this Act to the Code, see Short Title note set out under section
1001 of Title
29 and Tables.
The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 104–191, which was approved Aug. 21, 1996.
Section 1882(g)(1) of the Social Security Act, referred to in subsec. (c)(4), is classified to section
1395ss(g)(1) of Title
42, The Public Health and Welfare.
The Public Health Service Act, referred to in subsec. (d)(1)(C), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title XXII of the Act is classified generally to subchapter XX (§ 300bb–1 et seq.) of chapter
6A of Title
42. For complete classification of this Act to the Code, see Short Title note set out under section
201 of Title
42 and Tables.
Amendment by Pub. L. 110–233applicable with respect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 103(f)(2) ofPub. L. 110–233, set out as a note under section
9802 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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