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Title 29, LaborRelease 119-110

§1185d Additional Market Reforms

Title 29 › CHAPTER 18 — EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › SUBCHAPTER I — PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle B — Regulatory Provisions › part 7 — group health plan requirements › Subpart B — Other Requirements › § 1185d

Last updated Sep 22, 2026|Official source

Summary

Part A of Title XXVII of the Public Health Service Act (as changed by the Patient Protection and Affordable Care Act) applies to group health plans and to health insurance issuers that provide coverage for those plans. If any rule in this part conflicts with Part A for those plans or issuers, the rules in Part A control. Sections 2716 and 2718 of Title XXVII (as amended) do not apply to self‑insured group health plans. For those self‑insured plans, the rules already in this part keep applying as if sections 2716 and 2718 had not been added.

Full Legal Text

Title 29, §1185d

Labor, Source: USLM XML via OLRC

(a)General rule
Except as provided in subsection (b)—
(1)the provisions of part A of title XXVII of the Public Health Service Act [42 U.S.C. 300gg et seq.] (as amended by the Patient Protection and Affordable Care Act) shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart; and
(2)to the extent that any provision of this part conflicts with a provision of such part A with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such part A shall apply.
(b)Exception
Notwithstanding subsection (a), the provisions of section 2716 and 2718 of title XXVII of the Public Health Service Act [42 U.S.C. 300gg–16, 300gg–18] (as amended by the Patient Protection and Affordable Care Act) shall not apply with respect to self-insured group health plans, and the provisions of this part shall continue to apply to such plans as if such sections of the Public Health Service Act (as so amended) had not been enacted.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title XXVII of the Act is classified generally to part A (§ 300gg et seq.) of subchapter XXV of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 201 of Title 42 and Tables. The Patient Protection and Affordable Care Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see

Short Title

note set out under section 18001 of Title 42, The Public Health and Welfare, and Tables. Codification Pub. L. 111–148, which directed amendment of subpart B of part 7 of “subtitle A” of title I of the Employee Retirement Income Security Act of 1974 by adding this section at the end, was executed by adding this section at the end of this subpart, which is subpart B of part 7 of subtitle B of title I of the Act, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1185d

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110