Title 26Internal Revenue CodeRelease 119-73

§9822 Other patient protections

Title 26 › Subtitle Subtitle K— - Group Health Plan Requirements › Chapter CHAPTER 100— - GROUP HEALTH PLAN REQUIREMENTS › Subchapter Subchapter B— - Other Requirements › § 9822

Last updated Apr 6, 2026|Official source

Summary

If a group health plan makes you pick a primary care doctor, the plan must let each person choose any in-network primary care doctor who is available. If a child is on the plan, a parent or person responsible for the child can pick a pediatrician who is an MD or DO in the plan’s network. The plan’s normal coverage limits or exclusions still apply. If the plan covers obstetric or gynecologic care and it requires people to pick a primary care doctor, a woman on the plan cannot be required to get a referral or prior approval to see an in-network obstetrician/gynecologist. That OB/GYN must follow the plan’s rules (like referral or prior-authorization procedures and any approved treatment plans). Care and orders from that OB/GYN count as if the primary care doctor authorized them. The plan can still apply coverage limits and can require the OB/GYN to tell the primary care doctor or the plan about treatment.

Full Legal Text

Title 26, §9822

Internal Revenue Code — Source: USLM XML via OLRC

(a)If a group health plan requires or provides for designation by a participant or beneficiary of a participating primary care provider, then the plan shall permit each participant and beneficiary to designate any participating primary care provider who is available to accept such individual.
(b)(1)In the case of a person who has a child who is a participant or beneficiary under a group health plan if the plan requires or provides for the designation of a participating primary care provider for the child, the plan shall permit such person to designate a physician (allopathic or osteopathic) who specializes in pediatrics as the child’s primary care provider if such provider participates in the network of the plan.
(2)Nothing in paragraph (1) shall be construed to waive any exclusions of coverage under the terms and conditions of the plan with respect to coverage of pediatric care.
(c)(1)(A)A group health plan described in paragraph (2) may not require authorization or referral by the plan, issuer, or any person (including a primary care provider described in paragraph (2)(B)) in the case of a female participant or beneficiary who seeks coverage for obstetrical or gynecological care provided by a participating health care professional who specializes in obstetrics or gynecology. Such professional shall agree to otherwise adhere to such plan’s policies and procedures, including procedures regarding referrals and obtaining prior authorization and providing services pursuant to a treatment plan (if any) approved by the plan.
(B)A group health plan described in paragraph (2) shall treat the provision of obstetrical and gynecological care, and the ordering of related obstetrical and gynecological items and services, pursuant to the direct access described under subparagraph (A), by a participating health care professional who specializes in obstetrics or gynecology as the authorization of the primary care provider.
(2)A group health plan described in this paragraph is a group health plan that—
(A)provides coverage for obstetric or gynecologic care; and
(B)requires the designation by a participant or beneficiary of a participating primary care provider.
(3)Nothing in paragraph (1) shall be construed to—
(A)waive any exclusions of coverage under the terms and conditions of the plan with respect to coverage of obstetrical or gynecological care; or
(B)preclude the group health plan involved from requiring that the obstetrical or gynecological provider notify the primary care health care professional or the plan or issuer of treatment decisions.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to plan years beginning on or after Jan. 1, 2022, see section 102(e) of div. BB of Pub. L. 116–260, set out as an

Effective Date

of 2020 Amendment note under section 8902 of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

26 U.S.C. § 9822

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73