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Title 42 — The Public Health and WelfareRelease 119-73

§300gg–61 Enforcement

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXV— - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE › Part Part B— - Individual Market Rules › Subpart subpart 3— - general provisions › § 300gg–61

Last updated Apr 6, 2026|Official source

Summary

Subject to section 300gg–62, a State may require health insurance companies that sell, issue, renew, or offer individual market plans in the State to follow the rules in this part. If a State does not substantially enforce those rules for the individual market, the Secretary must step in and enforce them for that State. The Secretary has the same enforcement powers here that are described in section 300gg–22(b)(2) and (b)(3), which apply to enforcing part A in the small group market and to genetic nondiscrimination issues.

Full Legal Text

Title 42, §300gg–61

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

(a)(1)Subject to section 300gg–62 of this title, each State may require that health insurance issuers that issue, sell, renew, or offer health insurance coverage in the State in the individual market meet the requirements established under this part with respect to such issuers.
(2)In the case of a State that fails to substantially enforce the requirements set forth in this part with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this part under subsection (b) insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in the individual market in such State.
(b)The Secretary shall have the same authority in relation to enforcement of the provisions of this part with respect to issuers of health insurance coverage in the individual market in a State as the Secretary has under section 300gg–22(b)(2) of this title, and section 300gg–22(b)(3) of this title 11 See References in Text note below. with respect to violations of genetic nondiscrimination provisions, in relation to the enforcement of the provisions of part A with respect to issuers of health insurance coverage in the small group market in the State.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 300gg–22(b)(2) of this title, and section 300gg–22(b)(3) of this title, referred to in subsec. (b), was in the original “section 2722(b)(2), and section 2722(b)(3)” and was translated as meaning section 2723(b)(2) and section 2723(b)(3) of act July 1, 1944, to reflect the probable intent of Congress and the renumbering of section 2722 as 2723 by Pub. L. 111–148, title I, §§ 1001(4), 1563(c)(13)(C), formerly § 1562(c)(13)(C), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 269, 911.

Amendments

2008—Subsec. (b). Pub. L. 110–233 amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary shall have the same authority in relation to

Enforcement

of the provisions of this part with respect to issuers of health insurance coverage in the individual market in a State as the Secretary has under section 300gg–22(b)(2) of this title in relation to the

Enforcement

of the provisions of part A of this subchapter with respect to issuers of health insurance coverage in the small group market in the State.” 1996—Subsec. (a)(1). Pub. L. 104–204 made technical amendment to reference in original act which appears in text as reference to section 300gg–62 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–233 applicable, 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 one year after
May 21, 2008, and, with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market, after the date that is one year after
May 21, 2008, see section 102(d)(2) of Pub. L. 110–233, set out as a note under section 300gg–21 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–204 applicable to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after Jan. 1, 1998, see section 605(c) of Pub. L. 104–204, set out as a note under section 300gg–44 of this title.

Effective Date

Section applicable with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after June 30, 1997, regardless of when a period of creditable coverage occurs, see section 111(b) of Pub. L. 104–191, set out as a note under section 300gg–41 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300gg–61

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73