PRIA, Government Policy, Made Personal

Summary

The Secretary can require people who sell insurance through certain multi‑employer welfare arrangements to follow the insurance laws of the states where they operate to find, stop, or prosecute fraud and abuse, even if federal rules (including section 1144(b)(6) or the Liability Risk Retention Act of 1986, 15 U.S.C. 3901 et seq.) would otherwise preempt those state laws. Only applies to arrangements defined in section 1002(40)(A) — plans that provide benefits to employees of more than one employer.

Title 29, §1150

Labor, Source: USLM XML via OLRC

The Secretary may, for the purpose of identifying, preventing, or prosecuting fraud and abuse, adopt regulatory standards establishing, or issue an order relating to a specific person establishing, that a person engaged in the business of providing insurance through a multiple employer welfare arrangement described in section 1002(40) of this title is subject to the laws of the States in which such person operates which regulate insurance in such State, notwithstanding section 1144(b)(6) of this title or the Liability Risk Retention Act of 1986 [15 U.S.C. 3901 et seq.], and regardless of whether the law of the State is otherwise preempted under any of such provisions. This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under section 1002(40)(A) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Liability Risk Retention Act of 1986, referred to in text, is Pub. L. 97–45, Sept. 25, 1981, 95 Stat. 949, which is classified generally to chapter 65 (§ 3901 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 3901 of Title 15 and Tables.

§1150 Applicability of State Law to Combat Fraud and Abuse