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42 U.S.C. § 300gg–61 — Enforcement

submitted 82 years ago by Pub. L. 104-191 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 205 words · no verdicts yet

in plain englishAI-generated · not legal advice

States can enforce these individual-market insurance rules against insurers doing business in the state. If a state fails to enforce them well, the Secretary steps in and enforces the rules directly. The Secretary has the same enforcement powers used for small-group market violations, including genetic-nondiscrimination violations.

(a) State enforcement (1) State authority: Subject to section 300gg–62, a state may require that insurers issuing, selling, renewing, or offering individual-market health coverage in that state follow the requirements set out in this part. (2) Failure to implement requirements: If a state fails to substantially enforce this part's requirements against its insurers, the Secretary enforces this part's requirements under subsection (b), for the issuing, selling, renewing, and offering of individual-market coverage in that state. (b) Secretarial enforcement authority: The Secretary has the same enforcement authority over insurers of individual-market coverage in a state as the Secretary has under section 300gg–22(b)(2) — and, for violations of the genetic-nondiscrimination rules, under section 300gg–22(b)(3) — when enforcing part A against insurers of small-group-market coverage in that state.
the actual law source: uscode.house.gov ↗public domain
(a) State enforcement
(1) State authority

Subject to section 300gg–62 of this title, each State may require that health insurance issuers that issue, sell, renew, or offer health insurance coverage in the State in the individual market meet the requirements established under this part with respect to such issuers.

(2) Failure to implement requirements

In the case of a State that fails to substantially enforce the requirements set forth in this part with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this part under subsection (b) insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in the individual market in such State.

(b) Secretarial enforcement authority

The Secretary shall have the same authority in relation to enforcement of the provisions of this part with respect to issuers of health insurance coverage in the individual market in a State as the Secretary has under section 300gg–22(b)(2) of this title, and section 300gg–22(b)(3) of this title1 with respect to violations of genetic nondiscrimination provisions, in relation to the enforcement of the provisions of part A with respect to issuers of health insurance coverage in the small group market in the State.

Source credit: (July 1, 1944, ch. 373, title XXVII, § 2761, formerly § 2745, as added Pub. L. 104–191, title I, § 111(a), Aug. 21, 1996, 110 Stat. 1986; renumbered § 2761 and amended Pub. L. 104–204, title VI, § 605(a)(2), (b)(2), Sept. 26, 1996, 110 Stat. 2941, 2942; Pub. L. 110–233, title I, § 102(b)(2), May 21, 2008, 122 Stat. 895.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 104-191 · 110 Stat. 1986
  • 1996Amended · Pub. L. 104-204 · 110 Stat. 2941, 2942
  • 2008Amended · Pub. L. 110-233 · 122 Stat. 895

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-191 on 1944-07-01.

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