§300gg–21 Exclusion of certain plans

Subparts 1 and 2, referred to in subsecs. (a)(1), (2)(A), (b), and (c)(1), (2), were amended by Pub. L. 111–148, title I, §§ 1001(5), 1201(1), 1563(c)(2), (11), formerly § 1562(c)(2), (11), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 154, 265, 268, 911. The subpart 1 designation and heading “portability, access, and renewability requirements” were struck out and a new subpart I designation and heading “general reform” were enacted preceding section 300gg of this title, effective for plan years beginning on or after Jan. 1, 2014. A new subpart II designation and heading “improving coverage” were enacted preceding section 300gg–11 of this title. The subpart 2 designation and heading “other requirements” were struck out preceding section 300gg–4 of this title, and subpart 4 was redesignated as subpart 2 “exclusion of plans;

A prior section 2722 of act July 1, 1944, was renumbered section 2723 and is classified to section 300gg–22 of this title.

2022—Subsec. (a)(2)(F). Pub. L. 117–328 added subpar. (F). 2020—Subsecs. (a)(1), (b), (c)(1), (2). Pub. L. 116–260, § 102(a)(3)(B)(i)–(iv), inserted “and part D” after “subparts 1 and 2” in introductory provisions of subsecs. (a)(1) and (c)(1), (2) and in subsec. (b). Subsecs. (c)(3), (d). Pub. L. 116–260, § 102(a)(3)(B)(v), (vi), inserted “and part D” after “this part”. 2010—Pub. L. 111–148, § 1563(c)(12)(B), formerly § 1562(c)(12)(B), as renumbered by Pub. L. 111–148, § 10107(b)(1), which directed amendment of section by substituting “subpart 1” for “subparts 1 through 3” wherever appearing, could not be executed because the words “subparts 1 through 3” did not appear subsequent to

by section 1563(a)(2)(A), (B)(ii), (3), (4)(A), (B)(i) of Pub. L. 111–148. See below. Subsec. (a). Pub. L. 111–148, § 1563(c)(12)(C), formerly § 1562(c)(12)(C), as renumbered by Pub. L. 111–148, § 10107(b)(1), redesignated subsec. (b) as (a). Pub. L. 111–148, §§ 1563(a)(1) and 1563(c)(12)(A), formerly §§ 1562(a)(1) and 1562(c)(12)(A), as renumbered by Pub. L. 111–148, § 10107(b)(1), made identical amendment, striking out subsec. (a). Prior to amendment, text read as follows: “The requirements of subparts 1 and 3 shall not apply to any group health plan (and health insurance coverage offered in connection with a group health plan) for any plan year if, on the first day of such plan year, such plan has less than 2 participants who are current employees.” Subsec. (b). Pub. L. 111–148, § 1563(c)(12)(C), formerly § 1562(c)(12)(C), as renumbered by Pub. L. 111–148, § 10107(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Pub. L. 111–148, § 1563(a)(2)(A), formerly § 1562(a)(2)(A), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “subparts 1 and 2” for “subparts 1 through 3” in introductory provisions. Pub. L. 111–148, § 1563(a)(2)(B)(ii), formerly § 1562(a)(2)(B)(ii), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “subparts 1 and 2” for “subparts 1 through 3”. Pub. L. 111–148, § 1563(a)(2)(B)(i), formerly § 1562(a)(2)(B)(i), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “subparagraph (D) or (E)” for “subparagraph (D)”. Subsec. (b)(2)(E). Pub. L. 111–148, § 10107(a), substituted “subparts I and II” for “subpart 1”. Pub. L. 111–148, § 1563(a)(2)(B)(iii), formerly § 1562(a)(2)(B)(iii), as renumbered by Pub. L. 111–148, § 10107(b)(1), added subpar. (E). Subsec. (c). Pub. L. 111–148, § 1563(c)(12)(C), formerly § 1562(c)(12)(C), as renumbered by Pub. L. 111–148, § 10107(b)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). Pub. L. 111–148, § 1563(a)(3), formerly § 1562(a)(3), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “subparts 1 and 2 shall not apply to any individual coverage or any group” for “subparts 1 through 3 shall not apply to any group”. Subsec. (d). Pub. L. 111–148, § 1563(c)(12)(C), formerly § 1562(c)(12)(C), as renumbered by Pub. L. 111–148, § 10107(b)(1), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Pub. L. 111–148, § 1563(a)(4)(A), formerly § 1562(a)(4)(A), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “subparts 1 and 2 shall not apply to any individual coverage or any group” for “subparts 1 through 3 shall not apply to any group” in introductory provisions. Pub. L. 111–148, § 1563(a)(4)(B)(i), formerly § 1562(a)(4)(B)(i), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “subparts 1 and 2 shall not apply to any individual coverage or any group” for “subparts 1 through 3 shall not apply to any group” in introductory provisions. Subsec. (d)(2)(C). Pub. L. 111–148, § 1563(a)(4)(B)(ii), formerly § 1562(a)(4)(B)(ii), as renumbered by Pub. L. 111–148, § 10107(b)(1), which directed amendment of subpar. (C) by inserting “or, with respect to individual coverage, under any health insurance coverage maintained by the same health insurance issuer” without language specifying placement, was executed by making the insertion before period at end to reflect the probable intent of Congress. Subsec. (d)(3). Pub. L. 111–148, § 1563(a)(4)(C), formerly § 1562(a)(4)(C), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “any individual coverage or any group” for “any group”. Subsec. (e). Pub. L. 111–148, § 1563(c)(12)(C), formerly § 1562(c)(12)(C), as renumbered by Pub. L. 111–148, § 10107(b)(1), redesignated subsec. (e) as (d). 2008—Subsec. (b)(2)(A). Pub. L. 110–233, § 102(c)(1), substituted “Except as provided in subparagraph (D), if the plan sponsor” for “If the plan sponsor”. Subsec. (b)(2)(D). Pub. L. 110–233, § 102(c)(2), added subpar. (D). 1996—Subsec. (a). Pub. L. 104–204, § 604(b)(1)(A), substituted “subparts 1 and 3” for “subparts 1 and 2”. Subsecs. (b) to (d). Pub. L. 104–204, § 604(b)(1)(B), substituted “subparts 1 through 3” for “subparts 1 and 2” wherever appearing.

of 2020 AmendmentAmendment by Pub. L. 116–260 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 a note under section 8902 of Title 5, Government Organization and Employees.

of 2008 Amendment Pub. L. 110–233, title I, § 102(d)(2), May 21, 2008, 122 Stat. 895, provided that: “The

made by this section [enacting section 300gg–53 of this title and amending this section and section 300gg–1, 300gg–22, 300gg–61, and 300gg–91 of this title] shall apply— “(A) with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after the date that is 1 year after the date of enactment of this Act [May 21, 2008]; and “(B) with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the date that is 1 year after the date of enactment of this Act.”

of 1996 AmendmentAmendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 604(c) of Pub. L. 104–204 set out as an

note under section 300gg–25 of this title.

Section applicable with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after June 30, 1997, except as otherwise provided, see section 102(c) of Pub. L. 104–191, set out as a note under section 300gg of this title.

to carry out the

made by this section [see

of 2008 Amendment note above].” Assuring Coordination Pub. L. 110–233, title I, § 106, May 21, 2008, 122 Stat. 905, provided that: “Except as provided in section 105(b)(1) [42 U.S.C. 1320d–9 note], the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that— “(1)

, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under this title [enacting section 300gg–53 and 1320d–9 of this title and section 9834 of Title 26, Internal Revenue Code, amending this section, section 300gg–1, 300gg–22, 300gg–61, 300gg–91, and 1395ss of this title, section 9802 and 9832 of Title 26, and section 1132, 1182, and 1191b of Title 29, Labor, and enacting provisions set out as notes under this section, section 1320d–9 and 1395ss of this title, section 9802 of Title 26, and section 1132 of Title 29] (and the

made by this title) are administered so as to have the same effect at all times; and “(2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated

strategy that avoids duplication of

efforts and assigns priorities in

.”