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Title 42 — The Public Health and WelfareRelease 119-73

§300bb–8 Definitions

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XX— - REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN STATE AND LOCAL EMPLOYEES › § 300bb–8

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in this part. "Group health plan" means what section 5000(b) of title 26 says, but it does not include plans that mostly cover long-term care (see section 7702B(c) of title 26) or qualified small employer health reimbursement arrangements (section 9831(d)(2) of title 26). "Covered employee" is someone who gets plan coverage because they worked for the person or employer that runs the plan (including employees under section 401(c)(1) of title 26). "Qualified beneficiary" is a spouse or dependent child who was covered the day before the qualifying event; for the event in section 300bb–3(2) it also includes the covered employee. "Plan administrator" has the meaning given in section 1002(16)(A) of title 29.

Full Legal Text

Title 42, §300bb–8

The Public Health and Welfare — Source: USLM XML via OLRC

For purposes of this subchapter—
(1)The term “group health plan” has the meaning given such term in 5000(b) 11 So in original. Probably should be preceded by “section”. of title 26. Such term shall not include any plan substantially all of the coverage under which is for qualified long-term care services (as defined in section 7702B(c) of title 26). 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 “covered employee” means an individual who is (or was) provided coverage under a group health plan by virtue of the performance of services by the individual for 1 or more persons maintaining the plan (including as an employee defined in section 401(c)(1) of title 26).
(3)(A)The term “qualified beneficiary” means, with respect to a covered employee under a group health plan, any other individual who, on the day before the qualifying event for that employee, is a beneficiary under the plan—
(i)as the spouse of the covered employee, or
(ii)as the dependent child of the employee.
(B)In the case of a qualifying event described in section 300bb–3(2) of this title, the term “qualified beneficiary” includes the covered employee.
(4)The term “plan administrator” has the meaning given the term “administrator” by section 1002(16)(A) of title 29.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Par. (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).” 1996—Par. (1). Pub. L. 104–191, § 321(d)(3), inserted at end “Such term shall not include any plan substantially all of the coverage under which is for qualified long-term care services (as defined in section 7702B(c) of title 26).” Pub. L. 104–191, § 102(d), substituted “5000(b)” for “section 162(i)(2)”. Par. (3)(A). Pub. L. 104–191, § 421(a)(3), inserted at end “Such term shall also include a child who is born to or placed for adoption with the covered employee during the period of continuation coverage under this subchapter.” 1989—Par. (2). Pub. L. 101–239 substituted “the performance of services by the individual for 1 or more persons maintaining the plan (including as an employee defined in section 401(c)(1) of title 26)” for “the individual’s employment or previous employment with an employer”. 1988—Par. (1). Pub. L. 100–647 substituted “section 162(i)(2) of the Internal Revenue Code of 1986” for “section 162(i)(3) of the Internal Revenue Code of 1954”, which for purposes of codification was translated as “section 162(i)(2) of title 26”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 Amendment Pub. L. 114–255, div. C, title XVIII, § 18001(c)(3), Dec. 13, 2016, 130 Stat. 1344, provided that: “The

Amendments

made by this subsection [amending this section and section 300gg–91 of this title] shall apply to plan years beginning after December 31, 2016.”

Effective Date

of 1996 AmendmentAmendment by section 321(d)(3) of Pub. L. 104–191 applicable to contracts issued after Dec. 31, 1996, see section 321(f) of Pub. L. 104–191, set out as an

Effective Date

note under section 7702B of Title 26, Internal Revenue Code. Amendment by section 421(a)(3) of Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether the qualifying event occurred before, on, or after such date, see section 421(d) of Pub. L. 104–191, set out as a note under section 4980B of Title 26.

Effective Date

of 1989 Amendment Pub. L. 101–239, title VI, § 6801(c)(2), Dec. 19, 1989, 103 Stat. 2298, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to plan years beginning after December 31, 1989.”

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–647 applicable to taxable years beginning after Dec. 31, 1988, but not applicable to any plan for any plan year to which section 162(k) of Title 26, Internal Revenue Code (as in effect on the day before Nov. 10, 1988), did not apply by reason of section 10001(e)(2) of Pub. L. 99–272, see section 3011(d) of Pub. L. 100–647, set out as a note under section 162 of Title 26.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300bb–8

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73