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Title 42, The Public Health and WelfareRelease 119-110

§300gg–62 Preemption and Application

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXV — REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE › Part B — Individual Market Rules › subpart 3 — general provisions › § 300gg–62

Last updated Sep 22, 2026|Official source

Summary

States may make, run, or keep their own insurance rules unless those rules stop a federal requirement in this part (or Part C when it applies). This does not change or override section 1144 of title 29. Except for section 300gg–51, nothing here forces individual-market health plans to offer specific benefits. Rules in Part A apply to insurers that sell individual-market coverage in a State. If a rule here conflicts with Part A about those insurers, the Part A rule controls.

Full Legal Text

Title 42, §300gg–62

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

(a)In general
Subject to subsection (b), nothing in this part (or part C insofar as it applies to this part) shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements unless such standards and requirements prevent the application of a requirement of this part.
(b)Rules of construction
(1)Nothing in this part (or part C insofar as it applies to this part) shall be construed to affect or modify the provisions of section 1144 of title 29.
(2)Nothing in this part (other than section 300gg–51 of this title) shall be construed as requiring health insurance coverage offered in the individual market to provide specific benefits under the terms of such coverage.
(c)Application of part A provisions
(1)In general
The provisions of part A shall apply to health insurance issuers providing health insurance coverage in the individual market in a State as provided for in such part.
(2)Clarification
To the extent that any provision of this part conflicts with a provision of part A with respect to health insurance issuers providing health insurance coverage in the individual market in a State, the provisions of such part A shall apply.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Pub. L. 111–148, § 1563(c)(15)(A), formerly § 1562(c)(15)(A), as renumbered by Pub. L. 111–148, § 10107(b)(1), inserted “and application” after “Preemption” in section catchline. Subsec. (c). Pub. L. 111–148, § 1563(c)(15)(B), formerly § 1562(c)(15)(B), as renumbered by Pub. L. 111–148, § 10107(b)(1), added subsec. (c). 1996—Subsec. (b). Pub. L. 104–204, § 605(b)(3), designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–204 applicable to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after Jan. 1, 1998, see section 605(c) of Pub. L. 104–204, set out as a note under section 300gg–44 of this title.

Effective Date

Section applicable with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after June 30, 1997, regardless of when a period of creditable coverage occurs, see section 111(b) of Pub. L. 104–191, set out as a note under section 300gg–41 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300gg–62

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110