Title 29LaborRelease 119-73

§1191b Definitions

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 C— - General Provisions › § 1191b

Last updated Apr 6, 2026|Official source

Summary

Gives plain meanings for key words used in this part so people know what the rules cover. Group health plan — a workplace benefit plan that pays for medical care for employees or their dependents, but it does not include a qualified small employer health reimbursement arrangement (section 9831(d)(2) of title 26). Medical care — money paid for diagnosing, treating, preventing, or affecting the body, for transportation that is essential to that care, and for insurance that pays for those things. Health insurance coverage — medical benefits provided under a hospital, medical service, or HMO contract offered by a health insurer. Health insurance issuer — an insurance company, service, or organization (including an HMO) licensed and regulated by a State; it does not mean a group health plan. Health maintenance organization — a federally qualified HMO, a State-recognized HMO, or a similar State-regulated organization. Group health insurance coverage — the insurance offered with a group health plan. Excepted benefits — certain limited kinds of coverage, such as accident or disability plans, liability supplements and workers’ compensation, on-site clinic care, limited dental or vision, long-term care or nursing-home services, specific-disease or fixed indemnity plans, and Medicare/DoD/other similar supplemental coverage. COBRA continuation provision — Part 6 of this subtitle; section 4980B of title 26 (except subsection (f)(1) as it relates to pediatric vaccines); and Title XXII of the Public Health Service Act. Health status-related factor — the health-related factors listed in section 1182(a)(1). Network plan — coverage that uses a defined group of contracted providers. Placement for adoption — has the meaning in section 1169(c)(3)(B). Family member — a dependent and any first- through fourth-degree relative. Genetic information — facts about a person’s or family members’ genetic tests, family disease signs, and requests for or use of genetic services or related research; it does not include sex or age. Genetic test — an analysis of DNA, RNA, chromosomes, proteins, or metabolites that finds genotypes, mutations, or chromosomal changes, but not protein/metabolite tests that do not detect those changes or that only relate to an already obvious disease. Genetic services — genetic tests, counseling, or education. Underwriting purposes — actions about eligibility or enrollment, premium or contribution calculations, pre-existing condition rules, and other steps used to create, renew, or replace health insurance or benefits.

Full Legal Text

Title 29, §1191b

Labor — Source: USLM XML via OLRC

(a)For purposes of this part—
(1)The term “group health plan” means an employee welfare benefit plan to the extent that the plan provides medical care (as defined in paragraph (2) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. Such term shall not include any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of title 26).
(2)The term “medical care” means amounts paid for—
(A)the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body,
(B)amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and
(C)amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).
(b)For purposes of this part—
(1)The term “health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.
(2)The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 1144(b)(2) of this title). Such term does not include a group health plan.
(3)The term “health maintenance organization” means—
(A)a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))),
(B)an organization recognized under State law as a health maintenance organization, or
(C)a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization.
(4)The term “group health insurance coverage” means, in connection with a group health plan, health insurance coverage offered in connection with such plan.
(c)For purposes of this part, the term “excepted benefits” means benefits under one or more (or any combination thereof) of the following:
(1)(A)Coverage only for accident, or disability income insurance, or any combination thereof.
(B)Coverage issued as a supplement to liability insurance.
(C)Liability insurance, including general liability insurance and automobile liability insurance.
(D)Workers’ compensation or similar insurance.
(E)Automobile medical payment insurance.
(F)Credit-only insurance.
(G)Coverage for on-site medical clinics.
(H)Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.
(2)(A)Limited scope dental or vision benefits.
(B)Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.
(C)Such other similar, limited benefits as are specified in regulations.
(3)(A)Coverage only for a specified disease or illness.
(B)Hospital indemnity or other fixed indemnity insurance.
(4)Medicare supplemental health insurance (as defined under section 1395ss(g)(1) of title 42), coverage supplemental to the coverage provided under chapter 55 of title 10, and similar supplemental coverage provided to coverage under a group health plan.
(d)For purposes of this part—
(1)The term “COBRA continuation provision” means any of the following:
(A)Part 6 of this subtitle.
(B)Section 4980B of title 26, other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines.
(C)Title XXII of the Public Health Service Act [42 U.S.C. 300bb–1 et seq.].
(2)The term “health status-related factor” means any of the factors described in section 1182(a)(1) of this title.
(3)The term “network plan” means health insurance coverage offered by a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer.
(4)The term “placement”, or being “placed”, for adoption, has the meaning given such term in section 1169(c)(3)(B) of this title.
(5)The term “family member” means, with respect to an individual—
(A)a dependent (as such term is used for purposes of section 1181(f)(2) of this title) of such individual, and
(B)any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).
(6)(A)The term “genetic information” means, with respect to any individual, information about—
(i)such individual’s genetic tests,
(ii)the genetic tests of family members of such individual, and
(iii)the manifestation of a disease or disorder in family members of such individual.
(B)Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.
(C)The term “genetic information” shall not include information about the sex or age of any individual.
(7)(A)The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.
(B)The term “genetic test” does not mean—
(i)an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or
(ii)an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.
(8)The term “genetic services” means—
(A)a genetic test;
(B)genetic counseling (including obtaining, interpreting, or assessing genetic information); or
(C)genetic education.
(9)The term “underwriting purposes” means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan—
(A)rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage;
(B)the computation of premium or contribution amounts under the plan or coverage;
(C)the application of any pre-existing condition exclusion under the plan or coverage; and
(D)other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (d)(1)(C), is act July 1, 1944, ch. 373, 58 Stat. 682. Title XXII of the Act is classified generally to subchapter XX (§ 300bb–1 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 201 of Title 42 and Tables.

Amendments

2016—Subsec. (a)(1). Pub. L. 114–255 inserted at end “Such term shall not include any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of title 26).” 2008—Subsec. (d)(5) to (9). Pub. L. 110–233 added pars. (5) to (9).

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–255 applicable to plan years beginning after Dec. 31, 2016, see section 18001(b)(3) of Pub. L. 114–255, set out as a note under section 1167 of this title.

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–233 applicable with respect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 101(f)(2) of Pub. L. 110–233, set out as a note under section 1132 of this title.

Effective Date

Section applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1191b

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73