2016 US Code
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 I - General Reform
Sec. 300gg-9 - Disclosure of information
| 42 U.S.C. § 300gg-9 (2016) |
| §300gg–9. Disclosure of information |
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(a) Disclosure of information by health plan issuers
In connection with the offering of any health insurance coverage to a small employer or an individual, a health insurance issuer— (1) shall make a reasonable disclosure to such employer, or individual, as applicable,,1 as part of its solicitation and sales materials, of the availability of information described in subsection (b), and (2) upon request of such a 2 employer, or individual, as applicable,,1 provide such information. Subject to paragraph (3), with respect to a health insurance issuer offering health insurance coverage to a 2 employer, or individual, as applicable,,1 information described in this subsection is information concerning— (A) the provisions of such coverage concerning issuer's right to change premium rates and the factors that may affect changes in premium rates; and (B) the benefits and premiums available under all health insurance coverage for which the employer, or individual, as applicable, is qualified. Information under this subsection shall be provided to employers, or individuals, as applicable, in a manner determined to be understandable by the average employer, or individual, as applicable,,1 and shall be sufficient to reasonably inform employers, or individuals, as applicable, of their rights and obligations under the health insurance coverage. An issuer is not required under this section to disclose any information that is proprietary and trade secret information under applicable law. |
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(July 1, 1944, ch. 373, title XXVII, §2709, formerly §2713, as added Pub. L. 104–191, title I, §102(a), Aug. 21, 1996, 110 Stat. 1966; renumbered §2733, renumbered §2709, and amended Pub. L. 111–148, title I, §§1001(3), 1563(c)(10), formerly §1562(c)(10), title X, §10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 268, 911.) |
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CODIFICATION
Section was formerly classified to section 300gg–13 of this title prior to renumbering by Pub. L. 111–148. Another section 2709 of act July 1, 1944, is classified to section 300gg–8 of this title. PRIOR PROVISIONSA prior section 2709 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238h of this title. AMENDMENTS2010—Subsec. (a). Pub. L. 111–148, §1563(c)(10)(A), formerly §1562(c)(10)(A), as renumbered by Pub. L. 111–148, §10107(b)(1), in introductory provisions substituted "small employer or an individual" for "small employer", in par. (1) inserted ", or individual, as applicable," after "employer", and in par. (2) substituted "employer, or individual, as applicable," for "small employer". Subsec. (b)(1). Pub. L. 111–148, §1563(c)(10)(B)(i), formerly §1562(c)(10)(B)(i), as renumbered by Pub. L. 111–148, §10107(b)(1), in introductory provisions substituted "employer, or individual, as applicable," for "small employer", in subpar. (A), inserted "and" at end, struck out subpars. (B) and (C) which related to provisions of coverage relating to renewability of coverage and preexisting condition exclusions, respectively, in subpar. (D), inserted ", or individual, as applicable," after "employer", and redesignated subpar. (D) as (B). Subsec. (b)(2). Pub. L. 111–148, §1563(c)(10)(B)(ii), formerly §1562(c)(10)(B)(ii), as renumbered by Pub. L. 111–148, §10107(b)(1), substituted "employer, or individual, as applicable," for "small employer" and "employers, or individuals, as applicable," for "small employers" in two places. EFFECTIVE DATESection applicable with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after June 30, 1997, except as otherwise provided, see section 102(c) of Pub. L. 104–191, set out as a note under section 300gg of this title. |
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1 So in original. 2 So in original. Probably should be "an". |
| United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 I - General Reform Sec. 300gg-9 - Disclosure of information |
| section 300gg-9 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 110 Stat. 1966 124 Stat. 130 |
| Public Law 104-191, Public Law 111-148 |
