Title 26, Internal Revenue CodeRelease 119-110

§9822 Other Patient Protections

Title 26 › Subtitle K — Group Health Plan Requirements › CHAPTER 100 — GROUP HEALTH PLAN REQUIREMENTS › Subchapter B — Other Requirements › § 9822

Last updated Sep 22, 2026|Official source

Summary

If a group health plan makes you pick a participating primary care doctor, the plan must let each person choose any participating primary care doctor who is available to take them. If the plan requires picking a primary care doctor for a child, a parent may choose a pediatrician (a medical doctor or doctor of osteopathy who specializes in children) as the child’s primary care doctor, as long as that pediatrician is in the plan’s network. This does not change what the plan does or does not cover for pediatric care. When a plan covers obstetric or gynecologic care and also requires picking a primary care doctor, a female participant may see a participating OB/GYN directly without needing the plan or a primary care doctor to give prior approval or a referral. The OB/GYN must follow the plan’s rules (for example, about referrals, prior approvals, or treatment plans). The OB/GYN’s care counts as if the primary care doctor authorized it. The plan can still apply its normal coverage rules and may require the OB/GYN to tell the primary care doctor or the plan about treatment.

Full Legal Text

Title 26, §9822

Internal Revenue Code, Source: USLM XML via OLRC

(a)Choice of health care professional
If a group health plan requires or provides for designation by a participant or beneficiary of a participating primary care provider, then the plan shall permit each participant and beneficiary to designate any participating primary care provider who is available to accept such individual.
(b)Access to pediatric care
(1)Pediatric care
In the case of a person who has a child who is a participant or beneficiary under a group health plan if the plan requires or provides for the designation of a participating primary care provider for the child, the plan 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.
(2)Construction
Nothing in paragraph (1) shall be construed to waive any exclusions of coverage under the terms and conditions of the plan with respect to coverage of pediatric care.
(c)Patient access to obstetrical and gynecological care
(1)General rights
(A)Direct access
A group health plan 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 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.
(B)Obstetrical and gynecological care
A group health plan 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)Application of paragraph (3) Construction
A group health plan described in this paragraph is a group health plan 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.

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

26 U.S.C. § 9822

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110