2011 US Code
Title 42 - The Public Health and Welfare
Chapter 6A - PUBLIC HEALTH SERVICE (§§ 201 - 300mm-61)
Subchapter XXV - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE (§§ 300gg - 300gg-95)
Part A - Individual and Group Market Reforms (§§ 300gg - 300gg-28)
Subpart ii - improving coverage (§§ 300gg-11 - 300gg-19a)
Section 300gg-11 - No lifetime or annual limits
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER XXV - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE Part A - Individual and Group Market Reforms subpart ii - improving coverage Sec. 300gg-11 - No lifetime or annual limits |
Contains | section 300gg-11 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
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. |
Statutes at Large References | 110 Stat. 1962 124 Stat. 131, 130, 140 |
Public Law References | Public Law 104-191, Public Law 111-148 |
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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 2014With 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 limitsSubsection (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.
(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.)
Prior ProvisionsA prior section 300gg–11, act July 1, 1944, ch. 373, title XXVII, §2711, as added Pub. L. 104–191, title I, §102(a), Aug. 21, 1996, 110 Stat. 1962, was renumbered section 2731 of act July 1, 1944, amended, and transferred to subsecs. (c) and (d) of section 300gg–1 of this title, by Pub. L. 111–148, title I, §§1001(3), 1563(c)(8), formerly §1562(c)(8), title X, §10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 266, 911. Prior to amendment and transfer by Pub. L. 111–148, text of section 300gg–11 read as follows:
“(a)
“(1)
“(A) must accept every small employer (as defined in section 300gg–91(e)(4) of this title) in the State that applies for such coverage; and
“(B) must accept for enrollment under such coverage every eligible individual (as defined in paragraph (2)) who applies for enrollment during the period in which the individual first becomes eligible to enroll under the terms of the group health plan and may not place any restriction which is inconsistent with section 300gg–1 of this title on an eligible individual being a participant or beneficiary.
“(2)
“(A) in accordance with the terms of such plan,
“(B) as provided by the issuer under rules of the issuer which are uniformly applicable in a State to small employers in the small group market, and
“(C) in accordance with all applicable State laws governing such issuer and such market.
“(b)
“(1)
“(A) the access of large employers to health insurance coverage in the State, and
“(B) the circumstances for lack of access (if any) of large employers (or one or more classes of such employers) in the State to such coverage.
“(2)
“(3) GAO
“(c)
“(1)
“(A) limit the employers that may apply for such coverage to those with eligible individuals who live, work, or reside in the service area for such network plan; and
“(B) within the service area of such plan, deny such coverage to such employers if the issuer has demonstrated, if required, to the applicable State authority that—
“(i) it will not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees, and
“(ii) it is applying this paragraph uniformly to all employers without regard to the claims experience of those employers and their employees (and their dependents) or any health status-related factor relating to such employees and dependents.
“(2) 180
“(d)
“(1)
“(A) it does not have the financial reserves necessary to underwrite additional coverage; and
“(B) it is applying this paragraph uniformly to all employers in the small group market in the State consistent with applicable State law and without regard to the claims experience of those employers and their employees (and their dependents) or any health status-related factor relating to such employees and dependents.
“(2) 180
“(e)
“(1)
“(2)
“(A) the term ‘employer contribution rule’ means a requirement relating to the minimum level or amount of employer contribution toward the premium for enrollment of participants and beneficiaries; and
“(B) the term ‘group participation rule’ means a requirement relating to the minimum number of participants or beneficiaries that must be enrolled in relation to a specified percentage or number of eligible individuals or employees of an employer.
“(f)
Another prior section 2711 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238j of this title.
Amendments2010—Pub. L. 111–148, §10101(a), amended section generally. Prior to amendment, text read as follows:
“(a)
“(1) lifetime limits on the dollar value of benefits for any participant or beneficiary; or
“(2) unreasonable annual limits (within the meaning of section 223 of title 26) on the dollar value of benefits for any participant or beneficiary.
“(b)
Pub. L. 111–148, title I, §1004, Mar. 23, 2010, 124 Stat. 140, provided that:
“(a)
“(b)
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