§1185d — Title 29 Labor | U.S. Code

§1185d Additional market reforms

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 7— - group health plan requirements › Subpart Subpart B— - Other Requirements › § 1185d

Last updated Apr 6, 2026|Official source

Summary

Apply the rules in Part A of Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) to group health plans and to insurers that provide coverage for those plans. If a rule in this part conflicts with a rule in that Part A about group plans or those insurers, the rule in Part A controls. However, sections 2716 and 2718 of Title XXVII (42 U.S.C. 300gg–16 and 300gg–18) do not apply to self-insured group health plans. For self-insured plans, the rules already in this part keep applying as if those two sections had not been added.

Title 29, §1185d

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(a)Except as provided in subsection (b)—

(1)the provisions of part A of title XXVII of the Public Health Service Act [42 U.S.C. 300gg et seq.] (as amended by the Patient Protection and Affordable Care Act) shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart; and

(2)to the extent that any provision of this part conflicts with a provision of such part A with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such part A shall apply.

(b)Notwithstanding subsection (a), the provisions of section 2716 and 2718 of title XXVII of the Public Health Service Act [42 U.S.C. 300gg–16, 300gg–18] (as amended by the Patient Protection and Affordable Care Act) shall not apply with respect to self-insured group health plans, and the provisions of this part shall continue to apply to such plans as if such sections of the Public Health Service Act (as so amended) had not been enacted.

Notes & Related Subsidiaries

Editorial Notes

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The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title XXVII of the Act is classified generally to part A (§ 300gg et seq.) of subchapter XXV of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 201 of Title 42 and Tables. The Patient Protection and Affordable Care Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see

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note set out under section 18001 of Title 42, The Public Health and Welfare, and Tables. Codification Pub. L. 111–148, which directed amendment of subpart B of part 7 of “subtitle A” of title I of the Employee Retirement Income Security Act of 1974 by adding this section at the end, was executed by adding this section at the end of this subpart, which is subpart B of part 7 of subtitle B of title I of the Act, to reflect the probable intent of Congress.

§1185d Additional market reforms

Summary

Title 29, §1185d

Notes & Related Subsidiaries

Editorial Notes

References in Text

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