Title 29LaborRelease 119-73not60

§1191b Definitions

Title 29 › Chapter 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part 7— group health plan requirements › Subpart C— General Provisions › § 1191b

Last updated Apr 5, 2026|Official source

Summary

Gives clear meanings for many words about health plans so people know what the rules talk about. Group health plan — an employer’s benefit plan that pays for medical care for workers or their dependents, directly or through insurance; it does not include qualified small employer health reimbursement arrangements. Medical care — money paid for finding, treating, preventing, or affecting body functions, travel needed for that care, and insurance that pays for those things. Health insurance coverage — benefits that pay for medical care under a policy, plan, or HMO contract sold by an insurer. Health insurance issuer — an insurance company or similar organization licensed and regulated by a State; not a group health plan. Health maintenance organization — a federally qualified HMO, one recognized by State law, or a similar State-regulated organization. Group health insurance coverage — health insurance offered with a group health plan. Excepted benefits — certain limited kinds of coverage that are not treated like regular group health benefits, such as accident-only or disability plans, liability and workers’ compensation, on-site clinic coverage, limited dental or vision, long-term care, specified-disease or hospital fixed indemnity plans, Medicare or other supplemental coverage, and similar limited items. COBRA continuation provision — the federal laws that require continuation of coverage, including specified parts of the Public Health Service Act and other federal rules. Health status-related factor — the factors listed in section 1182(a)(1). Network plan — coverage that gets care through a defined set of contracted providers. Placement for adoption — has the meaning given in section 1169(c)(3)(B). Family member — a dependent plus any relative within the first through fourth degree of the person or that dependent. Genetic information — information about a person’s or family member’s genetic tests, family disease history, requests for or receipt of genetic services, or participation in genetic research; does not include sex or age. Genetic test — an analysis of DNA, RNA, chromosomes, proteins, or metabolites that finds genotypes, mutations, or chromosomal changes, but not certain protein or metabolite tests that don’t detect genetic changes or that only relate to an already evident condition. Genetic services — genetic tests, genetic counseling, or genetic education. Underwriting purposes — activities like deciding eligibility, setting premiums, applying pre-existing condition rules, and other actions tied to creating, renewing, or replacing health coverage.

Full Legal Text

Title 29, §1191b

Labor — Source: USLM XML via OLRC

(a)For purposes of this part—
(1)The term “group health plan” means an employee welfare benefit plan to the extent that the plan provides medical care (as defined in paragraph (2) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. Such term shall not include any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of title 26).
(2)The term “medical care” means amounts paid for—
(A)the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body,
(B)amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and
(C)amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).
(b)For purposes of this part—
(1)The term “health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.
(2)The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 1144(b)(2) of this title). Such term does not include a group health plan.
(3)The term “health maintenance organization” means—
(A)a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))),
(B)an organization recognized under State law as a health maintenance organization, or
(C)a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization.
(4)The term “group health insurance coverage” means, in connection with a group health plan, health insurance coverage offered in connection with such plan.
(c)For purposes of this part, the term “excepted benefits” means benefits under one or more (or any combination thereof) of the following:
(1)(A)Coverage only for accident, or disability income insurance, or any combination thereof.
(B)Coverage issued as a supplement to liability insurance.
(C)Liability insurance, including general liability insurance and automobile liability insurance.
(D)Workers’ compensation or similar insurance.
(E)Automobile medical payment insurance.
(F)Credit-only insurance.
(G)Coverage for on-site medical clinics.
(H)Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.
(2)(A)Limited scope dental or vision benefits.
(B)Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.
(C)Such other similar, limited benefits as are specified in regulations.
(3)(A)Coverage only for a specified disease or illness.
(B)Hospital indemnity or other fixed indemnity insurance.
(4)Medicare supplemental health insurance (as defined under section 1395ss(g)(1) of title 42), coverage supplemental to the coverage provided under chapter 55 of title 10, and similar supplemental coverage provided to coverage under a group health plan.
(d)For purposes of this part—
(1)The term “COBRA continuation provision” means any of the following:
(A)Part 6 of this subtitle.
(B)Section 4980B of title 26, other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines.
(C)Title XXII of the Public Health Service Act [42 U.S.C. 300bb–1 et seq.].
(2)The term “health status-related factor” means any of the factors described in section 1182(a)(1) of this title.
(3)The term “network plan” means health insurance coverage offered by a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer.
(4)The term “placement”, or being “placed”, for adoption, has the meaning given such term in section 1169(c)(3)(B) of this title.
(5)The term “family member” means, with respect to an individual—
(A)a dependent (as such term is used for purposes of section 1181(f)(2) of this title) of such individual, and
(B)any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).
(6)(A)The term “genetic information” means, with respect to any individual, information about—
(i)such individual’s genetic tests,
(ii)the genetic tests of family members of such individual, and
(iii)the manifestation of a disease or disorder in family members of such individual.
(B)Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.
(C)The term “genetic information” shall not include information about the sex or age of any individual.
(7)(A)The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.
(B)The term “genetic test” does not mean—
(i)an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or
(ii)an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.
(8)The term “genetic services” means—
(A)a genetic test;
(B)genetic counseling (including obtaining, interpreting, or assessing genetic information); or
(C)genetic education.
(9)The term “underwriting purposes” means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan—
(A)rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage;
(B)the computation of premium or contribution amounts under the plan or coverage;
(C)the application of any pre-existing condition exclusion under the plan or coverage; and
(D)other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (d)(1)(C), is act July 1, 1944, ch. 373, 58 Stat. 682. Title XXII of the Act is classified generally to subchapter XX (§ 300bb–1 et seq.) 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.

Amendments

2016—Subsec. (a)(1). Pub. L. 114–255 inserted at end “Such term shall not include any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of title 26).” 2008—Subsec. (d)(5) to (9). Pub. L. 110–233 added pars. (5) to (9).

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–255 applicable to plan years beginning after Dec. 31, 2016, see section 18001(b)(3) of Pub. L. 114–255, set out as a note under section 1167 of this title.

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–233 applicable with respect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 101(f)(2) of Pub. L. 110–233, set out as a note under section 1132 of this title.

Effective Date

Section applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1191b

Title 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60