Title 29LaborRelease 119-73

§1185k Other patient protections

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 › § 1185k

Last updated Apr 6, 2026|Official source

Summary

Plans must let each person covered by a group health plan pick any participating primary care provider (PCP) who is willing to accept them. If a parent or guardian has a child on the plan, the plan must allow the parent to pick a pediatrician (a doctor who treats children) as the child’s PCP if that pediatrician is in the plan’s network. This does not change any rules the plan has about what pediatric care it does or does not pay for. If the plan covers obstetric or gynecologic care and requires people to name a PCP, women may go directly to a participating OB/GYN without getting a referral or prior okay from the plan or PCP. The OB/GYN must follow the plan’s rules about referrals, prior authorizations, and approved treatment plans, and care given this way counts as the PCP’s authorization. This does not change coverage limits the plan already has, and the plan may still require the OB/GYN to tell the PCP or the plan about treatment choices.

Full Legal Text

Title 29, §1185k

Labor — Source: USLM XML via OLRC

(a)If a group health plan, or a health insurance issuer offering group health insurance coverage, requires or provides for designation by a participant or beneficiary of a participating primary care provider, then the plan or issuer 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, or group health insurance coverage offered by a health insurance issuer, if the plan or issuer requires or provides for the designation of a participating primary care provider for the child, the plan or issuer 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 or issuer.
(2)Nothing in paragraph (1) shall be construed to waive any exclusions of coverage under the terms and conditions of the plan or health insurance coverage with respect to coverage of pediatric care.
(c)(1)(A)A group health plan, or health insurance issuer offering group health insurance coverage, 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 or issuer’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 or issuer.
(B)A group health plan or health insurance issuer 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, or health insurance issuer offering group health insurance coverage, described in this paragraph is a group health plan or coverage 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 or health insurance coverage with respect to coverage of obstetrical or gynecological care; or
(B)preclude the group health plan or health insurance issuer 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

29 U.S.C. § 1185k

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73