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42 U.S.C. § 300gg–11No lifetime or annual limits

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 225 words · no verdicts yet

in plain englishAI-generated · not legal advice

Group health plans and insurers cannot set lifetime dollar limits on benefits. Annual dollar limits were banned starting with 2014 plan years, though restricted annual limits on essential health benefits were allowed before that. Per-beneficiary limits on non-essential benefits are still allowed.

(a) Prohibition (1) In general: A group health plan and a health insurer selling group or individual coverage cannot set: (A) Lifetime dollar limits on benefits for any participant or beneficiary; or (B) Annual dollar limits on benefits for any participant or beneficiary — except as allowed in paragraph (2). (2) Annual limits prior to 2014 For plan years starting before January 1, 2014, a group health plan or insurer could only set a "restricted annual limit" on the dollar value of benefits, and only for essential health benefits (as defined in section 18022(b) of this title), as the Secretary determined. In defining "restricted annual limit," the Secretary had to make sure people could still get needed services with as little effect on premiums as possible. (b) Per beneficiary limits Subsection (a) does not stop a group health plan or insurer from setting annual or lifetime limits on specific covered benefits for each beneficiary, as long as those benefits are not essential health benefits under section 18022(b) of this title, and the limits are otherwise allowed under federal or state law.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibition
(1) In general

A group health plan and a health insurance issuer offering group or individual health insurance coverage may not establish—

(A)

lifetime limits on the dollar value of benefits for any participant or beneficiary; or

(B)

except as provided in paragraph (2), annual limits on the dollar value of benefits for any participant or beneficiary.

(2) Annual limits prior to 2014

With respect to plan years beginning prior to January 1, 2014, a group health plan and a health insurance issuer offering group or individual health insurance coverage may only establish a restricted annual limit on the dollar value of benefits for any participant or beneficiary with respect to the scope of benefits that are essential health benefits under section 18022(b) of this title, as determined by the Secretary. In defining the term “restricted annual limit” for purposes of the preceding sentence, the Secretary shall ensure that access to needed services is made available with a minimal impact on premiums.

(b) Per beneficiary limits

Subsection (a) shall not be construed to prevent a group health plan or health insurance coverage from placing annual or lifetime per beneficiary limits on specific covered benefits that are not essential health benefits under section 18022(b) of this title, to the extent that such limits are otherwise permitted under Federal or State law.

Source credit: (July 1, 1944, ch. 373, title XXVII, § 2711, as added and amended Pub. L. 111–148, title I, § 1001(5), title X, § 10101(a), Mar. 23, 2010, 124 Stat. 131, 883.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 131, 883

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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