qualified expatriate

(3) Qualified expatriate The term “qualified expatriate” means a primary insured, or individual otherwise described in subparagraph (C)— (A) (i) whose skills, qualifications, job duties, or expertise is of a type that has caused his or her employer to transfer or assign him or her to the United States for a specific and temporary purpose or assignment tied to his or her employment; and (ii) in connection with such transfer or assignment, is reasonably determined by the plan sponsor to require access to health insurance and other related services and support in multiple countries, and is offered other multinational benefits on a periodic basis (such as tax equalization, compensation for cross border moving expenses, or compensation to enable the expatriate to return to their home country); (B) who is working outside of the United States for a period of at least 180 days in a consecutive 12-month period that overlaps with the plan year; or (C) who is a member of a group of similarly situated individuals— (i) that is formed for the purpose of traveling or relocating internationally in service of one or more of the purposes listed in section 501(c)(3) or 501(c)(4) of title 26, or similarly situated organizations or groups (such as students or religious missionaries); (ii) that is not formed primarily for the sale of health insurance coverage; and (iii) that the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, determines requires access to health insurance and other related services and support in multiple countries.


42 USC § 18014(d)(3)

Scoping language

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