Title 42, The Public Health and WelfareRelease 119-110

§300gg–117 Other Patient Protections

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXV — REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE › Part D — Additional Coverage Provisions › § 300gg–117

Last updated Sep 22, 2026|Official source

Summary

If a health plan or insurance policy asks you to pick a primary care doctor, it must let each person choose any in-network primary care provider who is available to take them. If a child is covered and the plan requires a primary care choice, the parent or guardian may pick a participating pediatrician as the child’s primary care doctor. These rules do not change what the plan normally excludes from coverage. If a plan covers obstetrics or gynecology and it requires a primary care doctor, a woman can see a participating OB/GYN without getting a referral or prior OK from the plan or her primary doctor. The OB/GYN must follow the plan’s rules (such as prior-authorization steps or approved treatment plans). The plan will treat care given this way as if the primary care doctor authorized it. The plan can still require the OB/GYN to tell the primary doctor or the plan about treatment, and coverage limits still apply.

Full Legal Text

Title 42, §300gg–117

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Choice of health care professional
If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, requires or provides for designation by a participant, beneficiary, or enrollee of a participating primary care provider, then the plan or issuer shall permit each participant, beneficiary, and enrollee 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, beneficiary, or enrollee under a group health plan, or group or individual 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 or individual 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, beneficiary, or enrollee 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 or individual health insurance coverage, described in this paragraph is a group health plan or health insurance coverage that—
(A)provides coverage for obstetric or gynecologic care; and
(B)requires the designation by a participant, beneficiary, or enrollee 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 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

42 U.S.C. § 300gg–117

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110