SEC. 195. FINDINGS; SEVERABILITY.
Title[ Title I\Subtitle C Contents
<<NOTE: 42 USC 300gg note.>>
(a) Findings Relating to Exercise of Commerce Clause Authority.--
Congress finds the following in relation to the provisions of this
title:
(1) Provisions in group health plans and health insurance
coverage that impose certain preexisting condition exclusions
impact the ability of employees to seek employment in interstate
commerce, thereby impeding such commerce.
(2) Health insurance coverage is commercial in nature and is
in and affects interstate commerce.
(3) It is a necessary and proper exercise of Congressional
authority to impose requirements under this title on group
health plans and health insurance coverage (including coverage
offered to individuals previously covered under group health
plans) in order to promote commerce among the States.
(4) Congress, however, intends to defer to States, to the
maximum extent practicable, in carrying out such requirements
with respect to insurers and health maintenance organizations
that are subject to State regulation, consistent with the
provisions of the Employee Retirement Income Security Act of
1974.
(b) Severability.--If any provision of this title or the application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this title and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
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