42 U.S.C. § 300gg–62 — Preemption and application

(a) In general: Subject to subsection (b), nothing in this part (or in part C, to the extent part C applies to this part) stops a state from creating, keeping, or continuing its own insurance standards and requirements — unless those standards or requirements would block a requirement of this part from applying. (b) Rules of construction (1) Nothing in this part (or part C, to the extent it applies to this part) is to be read as changing or affecting section 1144 of title 29 — ERISA's preemption provision. (2) Except for section 300gg–51 (the mothers-and-newborns rule), nothing in this part requires individual-market health coverage to include specific benefits. (c) Application of part A provisions (1) In general: Part A's provisions apply to insurers offering individual-market health coverage in a state, in the way part A itself provides. (2) Clarification: If a provision of this part conflicts with a provision of part A regarding insurers offering individual-market coverage in a state, part A's provision controls.