SEC. 704. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.
Title[ Title I\Subtitle A\Sec. 101 Contents
<<NOTE: 29 USC 1184.>>
``(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 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 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--
``(A) substitutes for the reference to `6-month
period' in section 701(a)(1) a reference to any shorter
period of time;
``(B) substitutes for the reference to `12 months'
and `18 months' in section 701(a)(2) a reference to any
shorter period of time;
``(C) substitutes for the references to `63 days' in
sections 701 (c)(2)(A) and (d)(4)(A) a reference to any
greater number of days;
``(D) substitutes for the reference to `30-day
period' in sections 701 (b)(2) and (d)(1) a reference to
any greater period;
``(E) prohibits the imposition of any preexisting
condition exclusion in cases not described in section
701(d) or expands the exceptions described in such
section;
``(F) requires special enrollment periods in
addition to those required under section 701(f); or
``(G) reduces the maximum period permitted in an
affiliation period under section 701(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, the
Northern Mariana Islands, any political subdivisions of a State
or such Islands, or any agency or instrumentality of either.
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