The term “qualified health plan” means a health plan that—
(A)has in effect a certification (which may include a seal or other indication of approval) that such plan meets the criteria for certification described in section
18031(c) of this title issued or recognized by each Exchange through which such plan is offered;
(B)provides the essential health benefits package described in section
18022(a) of this title; and
(C)is offered by a health insurance issuer that—
(i)is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage under this title; 
(ii)agrees to offer at least one qualified health plan in the silver level and at least one plan in the gold level in each such Exchange;
(iii)agrees to charge the same premium rate for each qualified health plan of the issuer without regard to whether the plan is offered through an Exchange or whether the plan is offered directly from the issuer or through an agent; and
(iv)complies with the regulations developed by the Secretary under section
18031(d) of this title and such other requirements as an applicable Exchange may establish.
(2) Inclusion of CO–OP plans and multi-State qualified health plans
Any reference in this title  to a qualified health plan shall be deemed to include a qualified health plan offered through the CO–OP program under section
18042 of this title, and a multi-State plan under section
18054 of this title, unless specifically provided for otherwise.
(3) Treatment of qualified direct primary care medical home plans
The Secretary of Health and Human Services shall permit a qualified health plan to provide coverage through a qualified direct primary care medical home plan that meets criteria established by the Secretary, so long as the qualified health plan meets all requirements that are otherwise applicable and the services covered by the medical home plan are coordinated with the entity offering the qualified health plan.
(4) Variation based on rating area
A qualified health plan, including a multi-State qualified health plan, may as appropriate vary premiums by rating area (as defined in section
300gg(a)(2) of this title).
The term “health plan” means health insurance coverage and a group health plan.
(B) Exception for self-insured plans and MEWAs
Except to the extent specifically provided by this title, the term “health plan” shall not include a group health plan or multiple employer welfare arrangement to the extent the plan or arrangement is not subject to State insurance regulation under section
1144 of title
(2) Health insurance coverage and issuer
The terms “health insurance coverage” and “health insurance issuer” have the meanings given such terms by section
300gg–91(b) of this title.
(3) Group health plan
The term “group health plan” has the meaning given such term by section
300gg–91(a) of this title.
This title, where footnoted in text, is title I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this chapter and enacted, amended, and transferred numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables.
2010—Subsec. (a)(2) to (4). Pub. L. 111–148, § 10104(a), added pars. (2) to (4) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Any reference in this title to a qualified health plan shall be deemed to include a qualified health plan offered through the CO-OP program under section
18042 of this title or a community health insurance option under section
18043 of this title, unless specifically provided for otherwise.”
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
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Description of Change
Statutes at Large
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