Title 29, LaborRelease 119-110

§1185k Other Patient Protections

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 › § 1185k

Last updated Sep 22, 2026|Official source

Summary

If a group health plan or its insurer requires you to pick a primary care doctor, you must be allowed to choose any in‑network primary care doctor who is available. If a child on the plan needs a primary care doctor, the 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 any limits the plan already has on paying for pediatric care. If the plan covers obstetric or gynecologic care and it requires you to pick a primary care doctor, a female plan member can see an in‑network obstetrician‑gynecologist without getting a referral or prior approval from the plan, the insurer, or the primary care doctor. The OB‑GYN must follow the plan’s rules, and any tests or services the OB‑GYN orders count as if the primary care doctor approved them. This does not change coverage limits, and the plan may still require the OB‑GYN to tell the primary care doctor or the plan about treatment decisions.

Full Legal Text

Title 29, §1185k

Labor, Source: USLM XML via OLRC

(a)Choice of health care professional
If a group health plan, or a health insurance issuer offering group health insurance coverage, requires or provides for designation by a participant or beneficiary of a participating primary care provider, then the plan or issuer 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, or group health insurance coverage offered by a health insurance issuer, if the plan or issuer requires or provides for the designation of a participating primary care provider for the child, the plan or issuer 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 or issuer.
(2)Construction
Nothing in paragraph (1) shall be construed to waive any exclusions of coverage under the terms and conditions of the plan or health insurance coverage 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, or health insurance issuer offering group health insurance coverage, 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 or issuer’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 or issuer.
(B)Obstetrical and gynecological care
A group health plan or health insurance issuer 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, or health insurance issuer offering group health insurance coverage, described in this paragraph is a group health plan or coverage 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

29 U.S.C. § 1185k

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110