r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“eligible entity” applies in that section
The term “eligible entity” means— (A) a rural electric cooperative; (B) an agency, authority, or instrumentality of a State or political subdivision of a State that sells or otherwise uses electrical energy to provide electric services for customers; or (C) a nonprofit organization working with at least 6 entities described in subparagraph (A) or (B). (2) Energy storage technology
“energy storage technology” applies in that section
The term “energy storage technology” includes grid-enabled water heaters, building heating or cooling systems, electric vehicles, the production of hydrogen for transportation or industrial use, or other technologies that store energy. (3) Microgrid
“microgrid” applies in that section
The term “microgrid” means a localized grid that operates autonomously regardless of whether the grid can operate in connection with another grid. (4) Renewable energy source
“renewable energy source” applies in that section
The term “renewable energy source” has the meaning given the term in section 918c(a) of title 7 . (5) Rural electric cooperative
“rural electric cooperative” applies in that section
The term “rural electric cooperative” means an electric cooperative (as defined in section 796 of title 16 ) that sells electric energy to persons in rural areas. (6) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy. (b) In general Not later than 180 days after December 27, 2020 , the Secretary shall establish a program under which the Secretary shall— (1) provide grants to eligible entities under subsection (d); (2) provide technical assistance to eligible entities under subsection (e); and (3) disseminate information to eligible entities on— (A) the activities described in subsections (d)(1) and (e); and (B) potential and existing energy storage technology and microgrid projects. (c) Cooperative agreement The Secretary may enter into a cooperative agreement with an eligible entity to carry out subsection (b).
“advanced insulation” applies in that section
The term “advanced insulation” means insulation that has an R value of not less than R35 per inch. (2) Covered refrigeration unit
“covered refrigeration unit” applies in that section
The term “covered refrigeration unit” means any— (A) commercial refrigerated truck; (B) commercial refrigerated trailer; or (C) commercial refrigerator, freezer, or refrigerator-freezer described in section 6313(c) of this title . (b) Report Not later than 90 days after December 19, 2007 , the Secretary shall submit to Congress a report that includes an evaluation of— (1) the state of technological advancement of advanced insulation; and (2) the projected amount of cost savings that would be generated by implementing advanced insulation into covered refrigeration units.
“assessment” applies in that section
The term “assessment” means the national assessment of onshore capacity for carbon dioxide completed under subsection (f). (2) Capacity
“capacity” applies in that section
The term “capacity” means the portion of a sequestration formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b). (3) Engineered hazard
“engineered hazard” applies in that section
The term “engineered hazard” includes the location and completion history of any well that could affect potential sequestration. (4) Risk
“risk” applies in that section
The term “risk” includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards. (5) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (6) Sequestration formation
“sequestration formation” applies in that section
The term “sequestration formation” means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide. (b) Methodology Not later than 1 year after December 19, 2007 , the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration— (1) the geographical extent of all potential sequestration formations in all States; (2) the capacity of the potential sequestration formations; (3) the injectivity of the potential sequestration formations; (4) an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide …
“adaptation strategy” applies in that section
The term “adaptation strategy” means a land use and management strategy that can be used— (A) to increase the sequestration capabilities of covered greenhouse gases of any ecosystem; or (B) to reduce the emissions of covered greenhouse gases from any ecosystem. (2) Assessment
“assessment” applies in that section
The term “assessment” means the national assessment authorized under subsection (b). (3) Covered greenhouse gas
“covered greenhouse gas” applies in that section
The term “covered greenhouse gas” means carbon dioxide, nitrous oxide, and methane gas. (4) Ecosystem
“ecosystem” applies in that section
The term “ecosystem” means any terrestrial, freshwater aquatic, or coastal ecosystem, including an estuary. (5) Native plant species
“native plant species” applies in that section
The term “native plant species” means any noninvasive, naturally occurring plant species within an ecosystem. (6) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (b) Authorization of assessment Not later than 2 years after the date on which the final methodology is published under subsection (f)(3)(D), the Secretary shall complete a national assessment of— (1) the quantity of carbon stored in and released from ecosystems, including from man-caused and natural fires; and (2) the annual flux of covered greenhouse gases in and out of ecosystems.
“Alaska small hydroelectric power” applies in that section
The term “Alaska small hydroelectric power” means power that— (A) is generated— (i) in the State of Alaska; (ii) without the use of a dam or impoundment of water; and (iii) through the use of— (I) a lake tap (but not a perched alpine lake); or (II) a run-of-river screened at the point of diversion; and (B) has a nameplate capacity rating of a wattage that is not more than 15 megawatts. (2) Eligible applicant
“eligible applicant” applies in that section
The term “eligible applicant” means any— (A) governmental entity; (B) private utility; (C) public utility; (D) municipal utility; (E) cooperative utility; (F) Indian tribes; and (G) Regional Corporation (as defined in section 1602 of title 43 ). (3) Ocean energy (A) Inclusions
“ocean energy” applies in that section
The term “ocean energy” includes current, wave, and tidal energy. (B) Exclusion The term “ocean energy” excludes thermal energy. (4) Renewable energy project
“renewable energy project” applies in that section
The term “renewable energy project” means a project— (A) for the commercial generation of electricity; and (B) that generates electricity from— (i) solar, wind, or geothermal energy or ocean energy; (ii) biomass (as defined in section 15852(b) of this title ); (iii) landfill gas; or (iv) Alaska small hydroelectric power. (b) Renewable energy construction grants (1) In general The Secretary shall use amounts appropriated under this section to make grants for use in carrying out renewable energy projects. (2) Criteria Not later than 180 days after December 19, 2007 , the Secretary shall set forth criteria for use in awarding grants under this section.
“appropriate congressional committees” applies throughout its subchapter
The term “appropriate congressional committees” means— (A) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate. (2) Clean and efficient energy technology
“clean and efficient energy technology” applies throughout its subchapter
The term “clean and efficient energy technology” means an energy supply or end-use technology that, compared to a similar technology already in widespread commercial use in a recipient country, will— (A) reduce emissions of greenhouse gases; or (B) (i) increase efficiency of energy production; or (ii) decrease intensity of energy usage. (3) Greenhouse gas
“greenhouse gas” applies throughout its subchapter
The term “greenhouse gas” means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; or (F) sulfur hexafluoride.
“Board” applies throughout its part
The term “Board” means the Board of Directors of the Foundation established pursuant to section 17352(c) of this title . (2) Chief Executive Officer
“Chief Executive Officer” applies throughout its part
The term “Chief Executive Officer” means the chief executive officer of the Foundation appointed pursuant to section 17352(b) of this title . (3) Foundation
“Foundation” applies throughout its part
The term “Foundation” means the International Clean Energy Foundation established by section 17352(a) of this title .
“agency” applies in that section
the term “agency” means an executive agency, as defined by section 105 of title 5 ; and;
“detail” applies in that section
the term “detail” means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Foundation.
“Commission” applies in that section
The term “Commission” means the Nuclear Regulatory Commission. (2) Contingent cost
“contingent cost” applies in that section
The term “contingent cost” means the cost to the United States in the event of a covered incident the amount of which is equal to the amount of funds the United States is obligated to make available under paragraph 1(b) of Article III of the Convention. (3) Convention
“Convention” applies in that section
The term “Convention” means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997 . (4) Covered incident
“covered incident” applies in that section
The term “covered incident” means a nuclear incident the occurrence of which results in a request for funds pursuant to Article VII of the Convention. (5) Covered installation
“covered installation” applies in that section
The term “covered installation” means a nuclear installation at which the occurrence of a nuclear incident could result in a request for funds under Article VII of the Convention. (6) Covered person (A) In general
“covered person” applies in that section
The term “covered person” means— (i) a United States person; and (ii) an individual or entity (including an agency or instrumentality of a foreign country) that— (I) is located in the United States; or (II) carries out an activity in the United States. (B) Exclusions The term “covered person” does not include— (i) the United States; or (ii) any agency or instrumentality of the United States. (7) Nuclear supplier
“nuclear supplier” applies in that section
The term “nuclear supplier” means a covered person (or a successor in interest of a covered person) that— (A) supplies facilities, equipment, fuel, services, or technology pertaining to the design, construction, operation, or decommissioning of a covered installation; or (B) transports nuclear materials that could result in a covered incident. (8) Price-Anderson incident
“Price-Anderson incident” applies in that section
The term “Price-Anderson incident” means a covered incident for which section 2210 of this title would make funds available to compensate for public liability (as defined in section 2014 of this title ). (9) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy. (10) United States (A) In general
“United States” applies in that section
The term “United States” has the meaning given the term in section 2014 of this title . (B) Inclusions
“United States person” applies in that section
The term “United States person” means— (A) any individual who is a resident, national, or citizen of the United States (other than an individual residing outside of the United States and employed by a person who is not a United States person); and (B) any corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship that is organized under the laws of the United States. (c) Use of Price-Anderson funds (1) In general Funds made available under section 2210 of this title shall be used to cover the contingent cost resulting from any Price-Anderson incident.
“clean energy technology” applies in that section
The term “clean energy technology” means a technology that significantly reduces energy use, increases energy efficiency, reduces greenhouse gas emissions, reduces emissions of other pollutants, or mitigates other negative environmental consequences of energy production, transmission or use. (7) Community-based organization
“community college” applies in that section
The term “community college” means— (A) a public institution of higher education, including additional locations, at which the highest degree, or the predominantly awarded degree, is an associate degree; or (B) any Tribal college or university (as defined in section 1059c of title 20 ). (9) Workforce development program
“community-based organization” applies in that section
The term “community-based organization” has the meaning given the term in section 3102 of title 29 . (8) Community college
“covered consortium” applies in that section
The term “covered consortium” means an individual or group of individuals in partnership with a government entity, including a State, territorial, local, or tribal government or unit of such government, and at least 2 or more of the following additional entities— (A) an institution of higher education or a consortium of institutions of higher education, including community colleges; (B) a workforce development program; (C) a private sector entity or group of entities, including a trade or industry association; (D) a nonprofit organization; (E) a community group or community-based organization; (F) a labor organization or joint labor-management organization; (G) a National Laboratory; (H) a …
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001 or 1002(a)(1)(B) of title 20. (5) National Laboratory
“National Laboratory” applies in that section
The term “National Laboratory” has the meaning given that term in section 15801 of this title . (6) Clean energy technology
“program” applies in that section
The term “program” means the Regional Clean Energy Innovation Program authorized in subsection (b). (4) Institution of higher education
“regional clean energy innovation partnership” applies in that section
The term “regional clean energy innovation partnership” means a group of one or more persons, including a covered consortium, who perform a collection of activities that are coordinated by such covered consortium to carry out the purposes of the program under subsection (c) in a region of the United States. (2) Covered consortium
“workforce development program” applies in that section
The term “workforce development program” has the meaning given the term in section 3102 of title 29 . (b) In general The Secretary shall establish a Regional Clean Energy Innovation Program, a research, development, demonstration, and commercial application program designed to enhance the economic, environmental, and energy security of the United States and accelerate the pace of innovation of diverse clean energy technologies through the formation or support of regional clean energy innovation partnerships.
“resilience” applies in that section
the term “resilience” means the ability to withstand and reduce the magnitude or duration of disruptive events, which includes the capability to anticipate, absorb, adapt to, or rapidly recover from such an event, including from deliberate attacks, accidents, and naturally occurring threats or incidents.
“smart grid functions” applies in that section
The term “smart grid functions” means any of the following: (1) The ability to develop, store, send and receive digital information concerning electricity use, costs, prices, time of use, nature of use, storage, or other information relevant to device, grid, or utility operations, to or from or by means of the electric utility system, through one or a combination of devices and technologies. (2) The ability to develop, store, send and receive digital information concerning electricity use, costs, prices, time of use, nature of use, storage, or other information relevant to device, grid, or utility operations to or from a computer or other control device.
“integrated energy system” applies in that section
The term “integrated energy system” means a system composed of 2 or more co-located or jointly operated sub-systems of energy generation, energy storage, or other energy technologies.
“integrated micro-grid system” applies in that section
The term “integrated micro-grid system” means a micro-grid system that— (A) comprises generation from both conventional and renewable energy resources; and (B) may use grid-scale energy storage. (2) Isolated community
“isolated community” applies in that section
The term “isolated community” means a community that is powered by a stand-alone electric generation and distribution system without the economic and reliability benefits of connection to a regional electric grid. (3) Micro-grid system
“micro-grid system” applies in that section
The term “micro-grid system” means a localized grid that operates autonomously, regardless of whether the grid can operate in connection with another grid. (4) Rural electric cooperative
“rural electric cooperative” applies in that section
The term “rural electric cooperative” means an electric cooperative (as defined in section 796 of title 16 ) that sells electric energy to persons in rural areas. (5) Strategy
“strategy” applies in that section
The term “strategy” means the strategy developed pursuant to subsection (b)(2)(B). (b) Program (1) Establishment The Secretary of Energy (in this section referred to as the “Secretary”) shall establish a program to promote the development of— (A) integrated micro-grid systems for isolated communities; and (B) micro-grid systems to increase the resilience of critical infrastructure.
“aging services technology” applies in that section
The term “aging services technology” means health technology that meets the health care needs of seniors, individuals with disabilities, and the caregivers of such seniors and individuals. (B) Senior The term “senior” has such meaning as specified by the Secretary.
“breach” applies throughout its subchapter
The term “breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information.
“business associate” applies throughout its subchapter
The term “business associate” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (3) Covered entity
“covered entity” applies throughout its subchapter
The term “covered entity” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (4) Disclose
“disclose” applies throughout its subchapter
The terms “disclose” and “disclosure” have the meaning given the term “disclosure” in section 160.103 of title 45, Code of Federal Regulations. (5) Electronic health record
“disclosure” applies throughout its subchapter
The terms “disclose” and “disclosure” have the meaning given the term “disclosure” in section 160.103 of title 45, Code of Federal Regulations. (5) Electronic health record
“electronic health record” applies throughout its subchapter
The term “electronic health record” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. (6) Health care operations
“health care operation” applies throughout its subchapter
The term “health care operation” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations. (7) Health care provider
“health care provider” applies throughout its subchapter
The term “health care provider” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (8) Health plan
“health plan” applies throughout its subchapter
The term “health plan” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (9) National Coordinator
“National Coordinator” applies throughout its subchapter
The term “National Coordinator” means the head of the Office of the National Coordinator for Health Information Technology established under section 300jj–11(a) of this title , as added by section 13101. 2 (10) Payment
“payment” applies throughout its subchapter
The term “payment” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations. (11) Personal health record
“personal health record” applies throughout its subchapter
The term “personal health record” means an electronic record of PHR identifiable health information (as defined in section 17937(f)(2) of this title ) on an individual that can be drawn from multiple sources and that is managed, shared, and controlled by or primarily for the individual. (12) Protected health information
“protected health information” applies throughout its subchapter
The term “protected health information” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (13) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Health and Human Services. (14) Security
“security” applies throughout its subchapter
The term “security” has the meaning given such term in section 164.304 of title 45, Code of Federal Regulations. (15) State
“State” applies throughout its subchapter
The term “State” means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (16) Treatment
“treatment” applies throughout its subchapter
The term “treatment” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations. (17) Use
“use” applies throughout its subchapter
The term “use” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (18) Vendor of personal health records
“vendor of personal health records” applies throughout its subchapter
The term “vendor of personal health records” means an entity, other than a covered entity (as defined in paragraph (3)), that offers or maintains a personal health record.
“unsecured protected health information” applies in that section
the term “unsecured protected health information” means protected health information that is not secured through the use of a technology or methodology specified by the Secretary in the guidance issued under paragraph (2). (B) Exception in case timely guidance not issued In the case that the Secretary does not issue guidance under paragraph (2) by the date specified in such paragraph, for purposes of this section,
“breach of security” applies in that section
The term “breach of security” means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. (2) PHR identifiable health information
“PHR identifiable health information” applies in that section
The term “PHR identifiable health information” means individually identifiable health information, as defined in section 1320d(6) of this title , and includes, with respect to an individual, information— (A) that is provided by or on behalf of the individual; and (B) that identifies the individual or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. (3) Unsecured PHR identifiable health information (A) In general Subject to subparagraph (B),
“unsecured PHR identifiable health information” applies in that section
the term “unsecured PHR identifiable health information” means PHR identifiable health information that is not protected through the use of a technology or methodology specified by the Secretary in the guidance issued under section 17932(h)(2) of this title . (B) Exception in case timely guidance not issued In the case that the Secretary does not issue guidance under section 17932(h)(2) of this title by the date specified in such section, for purposes of this section,
“recognized security practices” applies in that section
The term “recognized security practices” means the standards, guidelines, best practices, methodologies, procedures, and processes developed under section 272(c)(15) of title 15 , the approaches promulgated under section 1533(d) of title 6 , and other programs and processes that address cybersecurity and that are developed, recognized, or promulgated through regulations under other statutory authorities. Such practices shall be determined by the covered entity or business associate, consistent with the HIPAA Security rule (part 160 of title 45 Code of Federal Regulations and subparts A and C of part 164 of such title).
“early retirees” applies in that section
The term “early retirees” means individuals who are age 55 and older but are not eligible for coverage under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.], and who are not active employees of an employer maintaining, or currently contributing to, the employment-based plan or of any employer that has made substantial contributions to fund such plan.
“employment-based plan” applies in that section
The term “employment-based plan” means a group benefits plan providing health benefits that— (i) is— (I) maintained by one or more current or former employers (including without limitation any State or local government or political subdivision thereof or any agency or instrumentality of any of the foregoing), employee organization, a voluntary employees’ beneficiary association, or a committee or board of individuals appointed to administer such plan; or (II) a multiemployer plan (as defined in section 1002(37) of title 29 ); and (ii) provides health benefits to early retirees. (C) Early retirees
“health benefits” applies in that section
The term “health benefits” means medical, surgical, hospital, prescription drug, and such other benefits as shall be determined by the Secretary, whether self-funded, or delivered through the purchase of insurance or otherwise. (B) Employment-based plan
“grandfathered health plan” applies throughout this title
the term “grandfathered health plan” means any group health plan or health insurance coverage to which this section applies.
“expatriate health insurance issuer” applies in that section
The term “expatriate health insurance issuer” means a health insurance issuer that issues expatriate health plans. (2) Expatriate health plan
“expatriate health plan” applies in that section
The term “expatriate health plan” means a group health plan, health insurance coverage offered in connection with a group health plan, or health insurance coverage offered to a group of individuals described in paragraph (3)(C) (which may include spouses, dependents, and other individuals enrolled in the plan) that meets each of the following standards: (A) Substantially all of the primary enrollees in such plan or coverage are qualified expatriates with respect to such plan or coverage.
“group health plan” applies in that section
The terms “group health plan”, “health insurance coverage”, “health insurance issuer”, and “plan sponsor” have the meanings given those terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (B) Transfer
“health insurance coverage” applies in that section
The terms “group health plan”, “health insurance coverage”, “health insurance issuer”, and “plan sponsor” have the meanings given those terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (B) Transfer
“health insurance issuer” applies in that section
The terms “group health plan”, “health insurance coverage”, “health insurance issuer”, and “plan sponsor” have the meanings given those terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (B) Transfer
“plan sponsor” applies in that section
The terms “group health plan”, “health insurance coverage”, “health insurance issuer”, and “plan sponsor” have the meanings given those terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (B) Transfer
“qualified expatriate” applies in that section
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, …
“transfer” applies in that section
The term “transfer” means an employer has transferred an employee to perform services for a branch of the same employer or a parent, affiliate, franchise, or subsidiary thereof. (e) Regulations The Secretary of the Treasury, the Secretary of Health and Human Services, and the Secretary of Labor may promulgate regulations necessary to carry out this Act, including such rules as may be necessary to prevent inappropriate expansion of the application of the exclusions under this Act from applicable laws and regulations, and to amend existing annual reporting requirements or procedures to include applicable qualified expatriate health insurers’ total number of expatriate plan enrollees.
“United States” applies in that section
The term “United States” means the 50 States, the District of Columbia, and Puerto Rico. (5) Miscellaneous terms (A) Group health plan; health insurance coverage; health insurance issuer; plan sponsor
“group health plan” applies throughout this title
The term “group health plan” has the meaning given such term by section 300gg–91(a) of this title .
“health insurance coverage” applies throughout this title
The terms “health insurance coverage” and “health insurance issuer” have the meanings given such terms by section 300gg–91(b) of this title . (3) Group health plan
“health insurance issuer” applies throughout this title
The terms “health insurance coverage” and “health insurance issuer” have the meanings given such terms by section 300gg–91(b) of this title . (3) Group health plan
“health plan” applies throughout this title
The term “health plan” means health insurance coverage and a group health plan. (B) Exception for self-insured plans and MEWAs Except to the extent specifically provided by this title, 1 the term “health plan” shall not include a group health plan or multiple employer welfare arrangement to the extent the plan or arrangement is not subject to State insurance regulation under section 1144 of title 29 . (2) Health insurance coverage and issuer
“qualified health plan” applies throughout this title
The term “qualified health plan” means a health plan that— (A) has in effect a certification (which may include a seal or other indication of approval) that such plan meets the criteria for certification described in section 18031(c) of this title issued or recognized by each Exchange through which such plan is offered; (B) provides the essential health benefits package described in section 18022(a) of this title ; and (C) is offered by a health insurance issuer that— (i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage under this title; 1 (ii) agrees to offer at least one qualified health plan in the …
“cost-sharing” applies throughout this title
The term “cost-sharing” includes— (i) deductibles, coinsurance, copayments, or similar charges; and (ii) any other expenditure required of an insured individual which is a qualified medical expense (within the meaning of section 223(d)(2) of title 26 ) with respect to essential health benefits covered under the plan. (B) Exceptions Such term does not include premiums, balance billing amounts for non-network providers, or spending for non-covered services.
“essential health benefits package” applies throughout this title
the term “essential health benefits package” means, with respect to any health plan, coverage that— (1) provides for the essential health benefits defined by the Secretary under subsection (b); (2) limits cost-sharing for such coverage in accordance with subsection (c); and (3) subject to subsection (e), provides either the bronze, silver, gold, or platinum level of coverage described in subsection (d).
“educated health care consumer” applies throughout this title
The term “educated health care consumer” means an individual who is knowledgeable about the health care system, and has background or experience in making informed decisions regarding health, medical, and scientific matters.
“group market” applies throughout this title
The term “group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by an employer. (2) Individual market
“individual market” applies throughout this title
The term “individual market” means the market for health insurance coverage offered to individuals other than in connection with a group health plan. (3) Large and small group markets
“large employer” applies throughout this title
The term “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year. (2) Small employer
“large group market” applies throughout this title
The terms “large group market” and “small group market” mean the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer (as defined in subsection (b)(1)) or by a small employer (as defined in subsection (b)(2)), respectively. (b) Employers In this title: 1 (1) Large employer
“Secretary” applies throughout this title
the term “Secretary” means the Secretary of Health and Human Services. (d) State In this title, 1
“small employer” applies throughout this title
The term “small employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year.
“small group market” applies throughout this title
The terms “large group market” and “small group market” mean the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer (as defined in subsection (b)(1)) or by a small employer (as defined in subsection (b)(2)), respectively. (b) Employers In this title: 1 (1) Large employer
“State” applies throughout this title
the term “State” means each of the 50 States and the District of Columbia. (e) Educated health care consumers
“eligible entity” applies in that section
the term “eligible entity” means— (i) a person— (I) incorporated under, and subject to the laws of, 1 or more States; (II) that has demonstrated experience on a State or regional basis in the individual and small group health insurance markets and in benefits coverage; and (III) that is not a health insurance issuer or that is treated under subsection (a) or (b) of section 52 of title 26 as a member of the same controlled group of corporations (or under common control with) as a health insurance issuer; or (ii) the State medicaid agency under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.].
“plain language” applies in that section
The term “plain language” means language that the intended audience, including individuals with limited English proficiency, can readily understand and use because that language is concise, well-organized, and follows other best practices of plain language writing. The Secretary and the Secretary of Labor shall jointly develop and issue guidance on best practices of plain language writing.
“congressional staff” applies in that section
The term “congressional staff” means all full-time and part-time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC. (4) No penalty for transferring to minimum essential coverage outside Exchange An Exchange, or a qualified health plan offered through an Exchange, shall not impose any penalty or other fee on an individual who cancels enrollment in a plan because the individual becomes eligible for minimum essential coverage (as defined in section 5000A(f) of title 26 without regard to paragraph (1)(C) or (D) thereof) or such coverage becomes affordable (within the meaning of section 36B(c)(2)(C) of such title).
“Member of Congress” applies in that section
The term “Member of Congress” means any member of the House of Representatives or the Senate. (II) Congressional staff
“qualified employer” applies throughout this title
The term “qualified employer” means a small employer that elects to make all full-time employees of such employer eligible for 1 or more qualified health plans offered in the small group market through an Exchange that offers qualified health plans. (B) Extension to large groups (i) In general Beginning in 2017, each State may allow issuers of health insurance coverage in the large group market in the State to offer qualified health plans in such market through an Exchange. Nothing in this subparagraph shall be construed as requiring the issuer to offer such plans through an Exchange.
“qualified individual” applies throughout this title
The term “qualified individual” means, with respect to an Exchange, an individual who— (i) is seeking to enroll in a qualified health plan in the individual market offered through the Exchange; and (ii) resides in the State that established the Exchange. (B) Incarcerated individuals excluded An individual shall not be treated as a qualified individual if, at the time of enrollment, the individual is incarcerated, other than incarceration pending the disposition of charges. (2) Qualified employer In this title: 1 (A) In general
“antitrust laws” applies in that section
the term “antitrust laws” has the meaning given the term in subsection (a) of section 12 of title 15 . Such term also includes section 45 of title 15 to the extent that such section 45 applies to unfair methods of competition. (e) Limitation on participation No representative of any Federal, State, or local government (or of any political subdivision or instrumentality thereof), and no representative of a person described in subsection (c)(2)(A), may serve on the board of directors of a qualified nonprofit health insurance issuer or with a private purchasing council established under subsection (d).
“qualified nonprofit health insurance issuer” applies in that section
The term “qualified nonprofit health insurance issuer” means a health insurance issuer that is an organization— (A) that is organized under State law as a nonprofit, member corporation; (B) substantially all of the activities of which consist of the issuance of qualified health plans in the individual and small group markets in each State in which it is licensed to issue such plans; and (C) that meets the other requirements of this subsection.
“eligible individual” applies in that section
the term “eligible individual” means, with respect to any State, an individual— (A) who a 2 resident of the State who is not eligible to enroll in the State’s medicaid program under title XIX of the Social Security Act [ 42 U.S.C.
“standard heath 1 plan” applies in that section
the term “standard heath 1 plan” means a health benefits plan that the State contracts with under this section— (1) under which the only individuals eligible to enroll are eligible individuals; (2) that provides at least the essential health benefits described in section 18022(b) of this title ; and (3) in the case of a plan that provides health insurance coverage offered by a health insurance issuer, that has a medical loss ratio of at least 85 percent.
“Secretary” applies in that section
the term “Secretary” means— (A) the Secretary of Health and Human Services with respect to waivers relating to the provisions described in subparagraph (A) through (C) of paragraph (2); and (B) the Secretary of the Treasury with respect to waivers relating to the provisions described in paragraph (2)(D).
“applicable reinsurance entity” applies in that section
The term “applicable reinsurance entity” means a not-for-profit organization— (A) the purpose of which is to help stabilize premiums for coverage in the individual market in a State during the first 3 years of operation of an Exchange for such markets within the State when the risk of adverse selection related to new rating rules and market changes is greatest; and (B) the duties of which shall be to carry out the reinsurance program under this section by coordinating the funding and operation of the risk-spreading mechanisms designed to implement the reinsurance program.
“eligible insured” applies in that section
the term “eligible insured” means an individual— (1) who enrolls in a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (2) whose household income exceeds 100 percent but does not exceed 400 percent of the poverty line for a family of the size involved. In the case of an individual described in section 36B(c)(1)(B) of title 26 , the individual shall be treated as having household income equal to 100 percent for purposes of applying this section.
“applicable State health subsidy program” applies in that section
the term “applicable State health subsidy program” means— (1) the program under this title 3 for the enrollment in qualified health plans offered through an Exchange, including the premium tax credits under section 36B of title 26 and cost-sharing reductions under section 18071 of this title ; (2) a State medicaid program under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]; (3) a State children’s health insurance program (CHIP) under title XXI of such Act [ 42 U.S.C. 1397aa et seq.]; and (4) a State program under section 18051 of this title establishing qualified basic health plans.
“health care entity” applies in that section
the term “health care entity” includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
“antitrust laws” applies in that section
the term “antitrust laws” has the meaning given such term in subsection (a) of section 12 of title 15 , except that such term includes section 45 of title 15 to the extent that such section 45 applies to unfair methods of competition. (b) Rule of construction regarding Hawaii’s Prepaid Health Care Act Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to modify or limit the application of the exemption for Hawaii’s Prepaid Health Care Act (Haw. Rev. Stat. §§ 393–1 et seq.) as provided for under section 1144(b)(5) of title 29 .
“Federal health care provision” applies in that section
The term “Federal health care provision” means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act ( 42 U.S.C. 1395 et seq., 42 U.S.C. 1396 et seq.). (B) Health care provider
“health care provider” applies in that section
The term “health care provider” means any individual, group practice, corporation of health care professionals, or hospital— (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim
“medical malpractice or medical product liability action or claim” applies in that section
The term “medical malpractice or medical product liability action or claim” means a medical malpractice action or claim (as defined in section 11151(7) of this title ) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 321 of title 21 or section 262 of this title ). (D) State
“State” applies in that section
The term “State” includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. (3) No preemption Nothing in paragraph (1) or any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act ( 42 U.S.C. 1395 et seq., 42 U.S.C. 1396 et seq.) shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims.
“accompaniment” applies throughout its chapter
The term “accompaniment” means assisting, representing, and accompanying a woman in seeking judicial relief for child support, child custody, restraining orders, and restitution for harm to persons and property, and in filing criminal charges, and may include the payment of court costs and reasonable attorney and witness fees associated therewith. (2) Eligible institution of higher education
“community service center” applies throughout its chapter
The term “community service center” means a non-profit organization that provides social services to residents of a specific geographical area via direct service or by contract with a local governmental agency. (4) High school
“eligible institution of higher education” applies throughout its chapter
The term “eligible institution of higher education” means an institution of higher education (as such term is defined in section 1001 of title 20 ) that has established and operates, or agrees to establish and operate upon the receipt of a grant under this chapter, a pregnant and parenting student services office. (3) Community service center
“high school” applies throughout its chapter
The term “high school” means any public or private school that operates grades 10 through 12, inclusive, grades 9 through 12, inclusive or grades 7 through 12, inclusive. (5) Intervention services
“intervention services” applies throughout its chapter
The term “intervention services” means, with respect to domestic violence, sexual violence, sexual assault, or stalking, 24-hour telephone hotline services for police protection and referral to shelters. (6) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services. (7) State
“State” applies throughout its chapter
The term “State” includes the District of Columbia, any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. (8) Supportive social services
“supportive social services” applies throughout its chapter
The term “supportive social services” means transitional and permanent housing, vocational counseling, and individual and group counseling aimed at preventing domestic violence, sexual violence, sexual assault, or stalking. (9) Violence
“violence” applies throughout its chapter
The term “violence” means actual violence and the risk or threat of violence.
“eligible pregnant woman” applies in that section
the term “eligible pregnant woman” means any woman who is pregnant on the date on which such woman becomes a victim of domestic violence, sexual violence, sexual assault, or stalking or who was pregnant during the one-year period before such date. (e) Public awareness and education A State may use amounts received under a grant under section 18202 of this title to make funding available to increase public awareness and education concerning any services available to pregnant and parenting teens and women under this chapter, or any other resources available to pregnant and parenting women in keeping with the intent and purposes of this chapter.
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the National Aeronautics and Space Administration. (2) Appropriate committees of Congress
“appropriate committees of Congress” applies throughout its chapter
The term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science 1 of the House of Representatives. (3) Cis-lunar space
“cis-lunar space” applies throughout its chapter
The term “cis-lunar space” means the region of space from the Earth out to and including the region around the surface of the Moon. (4) Deep space
“deep space” applies throughout its chapter
The term “deep space” means the region of space beyond cis-lunar space. (5) ISS
“ISS” applies throughout its chapter
The term “ISS” means the International Space Station. (6) NASA
“NASA” applies throughout its chapter
The term “NASA” means the National Aeronautics and Space Administration. (7) Near-Earth space