42 U.S.C. § 9674 — Purchasing groups
submitted 40 years ago by Pub. L. 96-510 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 403 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Except as provided in this section, a purchasing group* is exempt from the following:
A State* law, rule, or order which prohibits the establishment of a purchasing group.
A State law, rule, or order which makes it unlawful for an insurer to provide or offer to provide insurance* on a basis providing, to a purchasing group or its member, advantages, based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters.
A State law, rule, or order which prohibits a purchasing group or its members from purchasing insurance on the group basis described in paragraph (2) of this subsection.
A State law, rule, or order which prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time.
A State law, rule, or order which requires that a purchasing group must have a minimum number of members, common ownership or affiliation, or a certain legal form.
A State law, rule, or order which requires that a certain percentage of a purchasing group must obtain insurance on a group basis.
A State law, rule, or order which requires that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State.
A State law, rule, or order which otherwise discriminate 1 against a purchasing group or any of its members.
The exemptions specified in subsection (a) apply to the following:
Pollution liability* insurance, and comprehensive general liability insurance which includes this coverage, provided to—
a purchasing group; or
any person* who is a member of a purchasing group.
The sale of any one of the following to a purchasing group or a member of the group:
Pollution liability insurance and comprehensive general liability coverage.
Insurance related services.
Management services.
A State may require that a person acting, or offering to act, as an agent or broker for a purchasing group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker.
Source credit: (Pub. L. 96–510, title IV, § 404, as added Pub. L. 99–499, title II, § 210(a), formerly § 210, Oct. 17, 1986, 100 Stat. 1718; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)
- 1986Enacted · Pub. L. 96-510 · 100 Stat. 1718
- 1986Amended · Pub. L. 99-563 · 100 Stat. 3177
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-510 on 1986-10-17.
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