SEC. 2723. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.
Title[ Title I\Subtitle A\Sec. 102 Contents
<<NOTE: 42 USC 300gg-23.>>
``(a) Continued Applicability of State Law With Respect to Health
Insurance Issuers.--
``(1) In General.--Subject to paragraph (2) and except as
provided in subsection (b), this part and part C insofar as it
relates to this part shall not be construed to supersede any
provision of State law which establishes, implements, or
continues in effect any standard or requirement solely relating
to health insurance issuers in connection with group health
insurance coverage except to the extent that such standard or
requirement prevents the application of a requirement of this
part.
``(2) Continued preemption with respect to group health
plans.--Nothing in this part shall be construed to affect or
modify the provisions of section 514 of the Employee Retirement
Income Security Act of 1974 with respect to group health plans.
``(b) Special Rules in Case of Portability Requirements.--
``(1) In general.--Subject to paragraph (2), the provisions
of this part relating to health insurance coverage offered by a
health insurance issuer supersede any provision of State law
which establishes, implements, or continues in effect a standard
or requirement applicable to imposition of a preexisting
condition exclusion specifically governed by section 701 which
differs from the standards or requirements specified in such
section.
``(2) Exceptions.--Only in relation to health insurance
coverage offered by a health insurance issuer, the provisions of
this part do not supersede any provision of State law to the
extent that such provision--
``(i) substitutes for the reference to `6-month
period' in section 2701(a)(1) a reference to any shorter
period of time;
``(ii) substitutes for the reference to `12 months'
and `18 months' in section 2701(a)(2) a reference to any
shorter period of time;
``(iii) substitutes for the references to `63' days
in sections 2701(c)(2)(A) and 2701(d)(4)(A) a reference
to any greater number of days;
``(iv) substitutes for the reference to `30-day
period' in sections 2701(b)(2) and 2701(d)(1) a
reference to any greater period;
``(v) prohibits the imposition of any preexisting
condition exclusion in cases not described in section
2701(d) or expands the exceptions described in such
section;
``(vi) requires special enrollment periods in
addition to those required under section 2701(f); or
``(vii) reduces the maximum period permitted in an
affiliation period under section 2701(g)(1)(B).
``(c) Rules of Construction.--Nothing in this part shall be
construed as requiring a group health plan or health insurance coverage
to provide specific benefits under the terms of such plan or coverage.
``(d) Definitions.--For purposes of this section--
``(1) State law.--The term `State law' includes all laws,
decisions, rules, regulations, or other State action having the
effect of law, of any State. A law of the United States
applicable only to the District of Columbia shall be treated as
a State law rather than a law of the United States.
``(2) State.--The term `State' includes a State (including
the Northern Mariana Islands), any political subdivisions of a
State or such Islands, or any agency or instrumentality of
either.
``Part C--Definitions; Miscellaneous Provisions
``
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