§1185g — Title 29 Labor | U.S. Code

§1185g Continuity of care

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 › § 1185g

Last updated Apr 6, 2026|Official source

Summary

Requires group health plans and insurance companies to let certain patients keep getting care from a doctor, hospital, or facility when that provider loses its contract or the plan stops covering them, as long as the patient is in the middle of treatment. If that happens, the plan or insurer must tell the affected patient in a timely way about the contract change and the patient’s right to ask for transitional care. The patient can ask to keep the same benefits and coverage for the same services related to that course of treatment. That continued coverage starts when the notice is given and lasts until the person is no longer a qualifying patient or until the earlier of the 90-day period that begins on the notice date. A "continuing care patient" means someone who is: getting treatment for a serious, complex condition; receiving inpatient or institutional care; scheduled for non‑elective surgery (including follow‑up care); pregnant and getting pregnancy care; or was found to be terminally ill and is being treated. A "serious and complex condition" means either an acute illness needing special care to avoid death or permanent harm, or a chronic condition that is life‑threatening, degenerative, disabling, or congenital and requires long‑term specialized care. "Terminated" includes a contract expiring or not being renewed, but not a contract ended for poor quality or fraud.

Title 29, §1185g

Labor — Source: USLM XML via OLRC

(a)(1)In the case of an individual with benefits under a group health plan or group health insurance coverage offered by a health insurance issuer and with respect to a health care provider or facility that has a contractual relationship with such plan or such issuer (as applicable) for furnishing items and services under such plan or such coverage, if, while such individual is a continuing care patient (as defined in subsection (b)) with respect to such provider or facility—

(A)such contractual relationship is terminated (as defined in paragraph (b));

(B)benefits provided under such plan or such health insurance coverage with respect to such provider or facility are terminated because of a change in the terms of the participation of the provider or facility in such plan or coverage; or

(C)a contract between such group health plan and a health insurance issuer offering health insurance coverage in connection with such plan is terminated, resulting in a loss of benefits provided under such plan with respect to such provider or facility;

(2)The requirements of this paragraph are that the plan or issuer—

(A)notify each individual enrolled under such plan or coverage who is a continuing care patient with respect to a provider or facility at the time of a termination described in paragraph (1) affecting such provider or facility on a timely basis of such termination and such individual’s right to elect continued transitional care from such provider or facility under this section;

(B)provide such individual with an opportunity to notify the plan or issuer of the individual’s need for transitional care; and

(C)permit the patient to elect to continue to have benefits provided under such plan or such coverage, under the same terms and conditions as would have applied and with respect to such items and services as would have been covered under such plan or coverage had such termination not occurred, with respect to the course of treatment furnished by such provider or facility relating to such individual’s status as a continuing care patient during the period beginning on the date on which the notice under subparagraph (A) is provided and ending on the earlier of—

(i)the 90-day period beginning on such date; or

(ii)the date on which such individual is no longer a continuing care patient with respect to such provider or facility.

(b)In this section:

(1)The term “continuing care patient” means an individual who, with respect to a provider or facility—

(A)is undergoing a course of treatment for a serious and complex condition from the provider or facility;

(B)is undergoing a course of institutional or inpatient care from the provider or facility;

(C)is scheduled to undergo nonelective surgery from the provide or facility, including receipt of postoperative care from such provider or facility with respect to such a surgery;

(D)is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility; or

(E)is or was determined to be terminally ill (as determined under section 1395x(dd)(3)(A) of title 42) and is receiving treatment for such illness from such provider or facility.

(2)The term “serious and complex condition” means, with respect to a participant or beneficiary under a group health plan or group health insurance coverage—

(A)in the case of an acute illness, a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm; or

(B)in the case of a chronic illness or condition, a condition that—

(i)is life-threatening, degenerative, potentially disabling, or congenital; and

(ii)requires specialized medical care over a prolonged period of time.

(3)The term “terminated” includes, with respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract for failure to meet applicable quality standards or for fraud.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to plan years beginning on or after Jan. 1, 2022, see section 113(e) of div. BB of Pub. L. 116–260, set out as a note under section 9818 of Title 26, Internal Revenue Code.

§1185g Continuity of care

Summary

Title 29, §1185g

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata