dreamproit/uscode huggingface dataset:
42 U.S.C. § 300gg–43 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–43. Certification of coverage
The provisions of section 2701(e) 1 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.
(July 1, 1944, ch. 373, title XXVII, § 2743, as added Pub. L. 104–191, title I, § 111(a), Aug. 21, 1996, 110 Stat. 1983.)
heading: Editorial Notes
heading: References in Text
text: Section 2701 of this Act, referred to in text, is a reference to section 2701 of act July 1, 1944. Section 2701, which was classified to section 300gg of this title, was renumbered section 2704, effective for plan years beginning on or after Jan. 1, 2014, with certain exceptions, and amended, by Pub. L. 111–148, title I, §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 154, 264, 911, and was transferred to section 300gg–3 of this title. A new section 2701 of act July 1, 1944, related to fair health insurance premiums, was added, effective for plan years beginning on or after Jan. 1, 2014, and amended, by Pub. L. 111–148, title I, § 1201(4), title X, § 10103(a), Mar. 23, 2010, 124 Stat. 155, 892, and is classified to section 300gg of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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, and provisions of section 102(c)(2) of Pub. L. 104–191, set out as a note under section 300gg of this title, applicable to this section in the same manner as it applies to section 300gg(e) of this title, see section 111(b) of Pub. L. 104–191, set out as a note under section 300gg–41 of this title.
42 U.S.C. § 300gg–46 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–46. Disclosure to enrollees of individual market coverage
(a) In general
A health insurance issuer offering individual health insurance coverage or a health insurance issuer offering short-term limited duration insurance coverage shall make disclosures to enrollees in such coverage, as described in subsection (b), and reports to the Secretary, as described in subsection (c), regarding direct or indirect compensation provided by the issuer to an agent or broker associated with enrolling individuals in such coverage.
(b) Disclosure
A health insurance issuer described in subsection (a) shall disclose to an enrollee the amount of direct or indirect compensation provided to an agent or broker for services provided by such agent or broker associated with plan selection and enrollment. Such disclosure shall be—
(1) made prior to the individual finalizing plan selection; and
(2) included on any documentation confirming the individual’s enrollment.
(c) Reporting
A health insurance issuer described in subsection (a) shall annually report to the Secretary, prior to the beginning of open enrollment, any direct or indirect compensation provided to an agent or broker associated with enrolling individuals in such coverage.
(d) Rulemaking
Not later than 1 year after December 27, 2020, the Secretary shall finalize, through notice-and-comment rulemaking, the timing, form, and manner in which issuers described in subsection (a) are required to make the disclosures described in subsection (b) and the reports described in subsection (c). Such rulemaking may also include adjustments to notice requirements to reflect the different processes for plan renewals, in order to provide enrollees with full, timely information.
(July 1, 1944, ch. 373, title XXVII, § 2746, as added Pub. L. 116–260, div. BB, title II, § 202(c), Dec. 27, 2020, 134 Stat. 2899.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable beginning 1 year after Dec. 27, 2020, see section 202(e) of div. BB of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note under section 1108 of Title 29, Labor.
42 U.S.C. § 300gg–52 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–52. Required coverage for reconstructive surgery following mastectomies
The provisions of section 2706 1 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.
(July 1, 1944, ch. 373, title XXVII, § 2752, as added Pub. L. 105–277, div. A, § 101(f) [title IX, § 903(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–438.)
heading: Editorial Notes
heading: References in Text
text: Section 2706, referred to in text, is a reference to section 2706 of act July 1, 1944. Section 2706, which was classified to section 300gg–6 of this title, was renumbered section 2727 and amended by Pub. L. 111–148, title I, §§ 1001(2), 1563(c)(5), formerly § 1562(c)(5), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 266, 911, and was transferred to section 300gg–27 of this title. A new section 2706 of act July 1, 1944, related to non-discrimination in health care, was added, effective for plan years beginning on or after Jan. 1, 2014, by Pub. L. 111–148, title I, § 1201(4), Mar. 23, 2010, 124 Stat. 160, and is classified to section 300gg–5 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 105–277, div. A, § 101(f) [title IX, § 903(c)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–438, provided that: “The amendment made by subsection (b) [enacting this section] shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act [Oct. 21, 1998].”
42 U.S.C. § 300gg–54 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–54. Coverage of dependent students on medically necessary leave of absence
The provisions of section 2707 1 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.
(July 1, 1944, ch. 373, title XXVII, § 2753, as added Pub. L. 110–381, § 2(b)(2), Oct. 9, 2008, 122 Stat. 4084.)
heading: Editorial Notes
heading: References in Text
text: Section 2707, referred to in text, is a reference to section 2707 of act July 1, 1944. Section 2707, which was classified to section 300gg–7 of this title, was renumbered section 2728 and amended by Pub. L. 111–148, title I, §§ 1001(2), 1563(c)(6), formerly § 1562(c)(6), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 266, 911, and was transferred to section 300gg–28 of this title. A new section 2707 of act July 1, 1944, related to comprehensive health insurance coverage, was added, effective for plan years beginning on or after Jan. 1, 2014, by Pub. L. 111–148, title I, § 1201(4), Mar. 23, 2010, 124 Stat. 161, and is classified to section 300gg–6 of this title.
heading: Codification
text: Section 2(b)(2) of Pub. L. 110–381, which directed amendment of subpart 3 of part B of title XXVII of act July 1, 1944, by adding this section at the end, was executed in this subpart, which is subpart 2 of part B of title XXVII of act July 1, 1944, to reflect the probable intent of Congress and the redesignation of subpart 3 as subpart 2 by Pub. L. 110–233, title I, § 102(b)(1)(A), May 21, 2008, 122 Stat. 893.
Another section 2753 of act July 1, 1944, is classified to section 300gg–53 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable with respect to plan years beginning on or after the date that is one year after Oct. 9, 2008, and to medically necessary leaves of absence beginning during such plan years, see section 2(d) of Pub. L. 110–381, set out as a note under section 9813 of Title 26, Internal Revenue Code.
42 U.S.C. § 300gg–62 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–62. Preemption and application
(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.
(July 1, 1944, ch. 373, title XXVII, § 2762, formerly § 2746, as added Pub. L. 104–191, title I, § 111(a), Aug. 21, 1996, 110 Stat. 1987; renumbered § 2762 and amended, Pub. L. 104–204, title VI, § 605(a)(2), (b)(3), Sept. 26, 1996, 110 Stat. 2941, 2942; Pub. L. 111–148, title I, § 1563(c)(15), formerly § 1562(c)(15), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 269, 911.)
heading: Editorial Notes
heading: Amendments
text: 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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Amendment 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.
heading: Effective Date
text: 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.
42 U.S.C. § 300gg–63 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–63. General exceptions
(a) Exception for certain benefits
The requirements of this part shall not apply to any health insurance coverage in relation to its provision of excepted benefits described in section 300gg–91(c)(1) of this title.
(b) Exception for certain benefits if certain conditions met
The requirements of this part shall not apply to any health insurance coverage in relation to its provision of excepted benefits described in paragraph (2), (3), or (4) of section 300gg–91(c) of this title if the benefits are provided under a separate policy, certificate, or contract of insurance.
(July 1, 1944, ch. 373, title XXVII, § 2763, formerly § 2747, as added Pub. L. 104–191, title I, § 111(a), Aug. 21, 1996, 110 Stat. 1987; renumbered § 2763, Pub. L. 104–204, title VI, § 605(a)(2), Sept. 26, 1996, 110 Stat. 2941.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
42 U.S.C. § 300gg–92 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–92. Regulations
The Secretary, consistent with section 104 of the Health Care Portability and Accountability Act of 1996, may promulgate such regulations as may be necessary or appropriate to carry out the provisions of this subchapter. The Secretary may promulgate any interim final rules as the Secretary determines are appropriate to carry out this subchapter.
(July 1, 1944, ch. 373, title XXVII, § 2792, as added Pub. L. 104–191, title I, § 102(a), Aug. 21, 1996, 110 Stat. 1976.)
heading: Editorial Notes
heading: References in Text
text: Section 104 of the Health Care Portability and Accountability Act of 1996, referred to in text, probably means section 104 of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104–191, set out below.
heading: Statutory Notes and Related Subsidiaries
heading: Assuring Coordination Among Departments of Treasury, Health and Human Services, and Labor
text: Pub. L. 104–191, title I, § 104, Aug. 21, 1996, 110 Stat. 1978, provided that:
“The Secretary of the Treasury, the Secretary of Health and Human Services, and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that—
“(1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under this subtitle [subtitle A (§§ 101–104) of title I of Pub. L. 104–191, enacting this section, sections 300gg, 300gg–1, 300gg–11 to 300gg–13, 300gg–21 to 300gg–23, and 300gg–91 of this title, and sections 1181 to 1183 and 1191 to 1191c of Title 29, Labor, amending sections 300e and 300bb–8 of this title and sections 1003, 1021, 1022, 1024, 1132, 1136, and 1144 of Title 29, and enacting provisions set out as notes under section 300gg of this title and section 1181 of Title 29] (and the amendments made by this subtitle and section 401 [enacting sections 9801 to 9806 of Title 26, Internal Revenue Code]) are administered so as to have the same effect at all times; and
“(2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.”
42 U.S.C. § 300gg–95 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–95. Uniform fraud and abuse referral format
The Secretary shall request the National Association of Insurance Commissioners to develop a model uniform report form for private health insurance issuer 1 seeking to refer suspected fraud and abuse to State insurance departments or other responsible State agencies for investigation. The Secretary shall request that the National Association of Insurance Commissioners develop recommendations for uniform reporting standards for such referrals.
(July 1, 1944, ch. 373, title XXVII, § 2794, as added Pub. L. 111–148, title VI, § 6603, Mar. 23, 2010, 124 Stat. 780.)
heading: Editorial Notes
heading: Codification
text: Another section 2794 of act July 1, 1944, is classified to section 300gg–94 of this title.
42 U.S.C. § 300gg–114 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–114. Maintenance of price comparison tool
A group health plan or a health insurance issuer offering group or individual health insurance coverage shall offer price comparison guidance by telephone and make available on the Internet website of the plan or issuer a price comparison tool that (to the extent practicable) allows an individual enrolled under such plan or coverage, with respect to such plan year, such geographic region, and participating providers with respect to such plan or coverage, to compare the amount of cost-sharing that the individual would be responsible for paying under such plan or coverage with respect to the furnishing of a specific item or service by any such provider.
(July 1, 1944, ch. 373, title XXVII, § 2799A–4, as added Pub. L. 116–260, div. BB, title I, § 114(a), Dec. 27, 2020, 134 Stat. 2874.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable with respect to plan years beginning on or after Jan. 1, 2022, see section 114(d) of div. BB of Pub. L. 116–260, set out as a note under section 9819 of Title 26, Internal Revenue Code.
42 U.S.C. § 300hh–12 (THE PUBLIC HEALTH AND WELFARE)
§ 300hh–12. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 107–188, title I, § 121, June 12, 2002, 116 Stat. 611, as amended, which related to Strategic National Stockpile, was renumbered section 319F–2 of the Public Health Service Act by Pub. L. 108–276, § 3(a)(1), July 21, 2004, 118 Stat. 842 and is classified to section 247d–6b of this title.
42 U.S.C. § 300hh–13 (THE PUBLIC HEALTH AND WELFARE)
§ 300hh–13. Evaluation of new and emerging technologies regarding bioterrorist attack and other public health emergencies
(a) In general
The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall promptly carry out a program to periodically evaluate new and emerging technologies that, in the determination of the Secretary, are designed to improve or enhance the ability of public health or safety officials to conduct public health surveillance activities relating to a bioterrorist attack or other public health emergency.
(b) Certain activities
In carrying out this subsection, the Secretary shall, to the extent practicable—
(1) survey existing technology programs funded by the Federal Government for potentially useful technologies;
(2) promptly issue a request, as necessary, for information from non-Federal public and private entities for ongoing activities in this area; and
(3) evaluate technologies identified under paragraphs (1) and (2) pursuant to subsection (c).
(c) Consultation and evaluation
In carrying out subsection (b)(3), the Secretary shall consult with the working group under section 247d–6(a) 1 of this title, as well as other appropriate public, nonprofit, and private entities, to develop criteria for the evaluation of such technologies and to conduct such evaluations.
(d) Report
Not later than 180 days after June 12, 2002, and periodically thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities under this section.
(Pub. L. 107–188, title I, § 126, June 12, 2002, 116 Stat. 615.)
heading: Editorial Notes
heading: References in Text
text: Section 247d–6 of this title, referred to in subsec. (c), was amended by Pub. L. 109–417, title III, § 304, Dec. 19, 2006, 120 Stat. 2859, and as so amended, subsec. (a) of section 247d–6 no longer relates to a working group.
heading: Codification
text: Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Public Health Service Act which comprises this chapter.
42 U.S.C. § 300hh–31 (THE PUBLIC HEALTH AND WELFARE)
§ 300hh–31. Epidemiology-laboratory capacity grants
(a) In general
Subject to the availability of appropriations, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an Epidemiology and Laboratory Capacity Grant Program to award grants to State health departments as well as local health departments and tribal jurisdictions that meet such criteria as the Director determines appropriate. Academic centers that assist State and eligible local and tribal health departments may also be eligible for funding under this section as the Director determines appropriate. Grants shall be awarded under this section to assist public health agencies in improving surveillance for, and response to, infectious diseases and other conditions of public health importance by—
(1) strengthening epidemiologic capacity to identify and monitor the occurrence of infectious diseases, including mosquito and other vector-borne diseases, and other conditions of public health importance;
(2) enhancing laboratory practice as well as systems to report test orders and results electronically;
(3) improving information systems including developing and maintaining an information exchange using national guidelines and complying with capacities and functions determined by an advisory council established and appointed by the Director; and
(4) developing and implementing prevention and control strategies.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out this section $190,000,000 for each of fiscal years 2019 through 2023, of which—
(1) not less than $95,000,000 shall be made available each such fiscal year for activities under paragraphs (1) and (4) of subsection (a);
(2) not less than $60,000,000 shall be made available each such fiscal year for activities under subsection (a)(3); and
(3) not less than $32,000,000 shall be made available each such fiscal year for activities under subsection (a)(2).
(July 1, 1944, ch. 373, title XXVIII, § 2821, as added Pub. L. 111–148, title IV, § 4304, Mar. 23, 2010, 124 Stat. 584; amended Pub. L. 116–22, title VI, § 607(b), June 24, 2019, 133 Stat. 960.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (a)(1). Pub. L. 116–22, § 607(b)(1), inserted “, including mosquito and other vector-borne diseases,” after “infectious diseases”.
Subsec. (b). Pub. L. 116–22, § 607(b)(2), substituted “2019 through 2023” for “2010 through 2013” in introductory provisions.
42 U.S.C. § 300ii–3 (THE PUBLIC HEALTH AND WELFARE)
§ 300ii–3. Data collection and reporting
(a) In general
Each State agency awarded a grant or cooperative agreement under section 300ii–1 of this title shall report such data, information, and metrics as the Secretary may require for purposes of—
(1) evaluating State programs and activities funded pursuant to such grant or cooperative agreement, including any results pursuant to section 300ii–1(d)(2)(B)(xii) of this title; and
(2) identifying effective programs and activities funded pursuant to section 300ii–1 of this title.
(b) Report
Not later than October 1, 2023, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the outcomes of the programs and activities funded pursuant to section 300ii–1 of this title, including any effective programs and activities identified.
(July 1, 1944, ch. 373, title XXIX, § 2904, as added Pub. L. 109–442, § 2, Dec. 21, 2006, 120 Stat. 3295; amended Pub. L. 116–324, § 2(a), Jan. 5, 2021, 134 Stat. 5085.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–324 amended section generally. Prior to amendment, section required the Secretary to report to Congress by Jan. 1, 2009, on the activities undertaken under this subchapter.
42 U.S.C. § 300ii–4 (THE PUBLIC HEALTH AND WELFARE)
§ 300ii–4. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter, $10,000,000 for each of fiscal years 2020 through fiscal year 2024.
(July 1, 1944, ch. 373, title XXIX, § 2905, as added Pub. L. 109–442, § 2, Dec. 21, 2006, 120 Stat. 3296; amended Pub. L. 116–324, § 2(b), Jan. 5, 2021, 134 Stat. 5085.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–324 substituted “subchapter, $10,000,000 for each of fiscal years 2020 through fiscal year 2024.” for “subchapter—
“(1) $30,000,000 for fiscal year 2007;
“(2) $40,000,000 for fiscal year 2008;
“(3) $53,330,000 for fiscal year 2009;
“(4) $71,110,000 for fiscal year 2010; and
“(5) $94,810,000 for fiscal year 2011.”