42 U.S.C. § 18011 - Preservation of right to maintain existing coverage

Cite as:42 U.S.C. § 18011
Currency:Current through P.L. 116-135 (03/26/2020)
 
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(a) No changes to existing coverage

(1) In general

Nothing in this Act (or an amendment made by this Act) shall be construed to require that an individual terminate coverage under a group health plan or health insurance coverage in which such individual was enrolled on March 23, 2010.

(2) Continuation of coverage

Except as provided in paragraph (3), with respect to a group health plan or health insurance coverage in which an individual was enrolled on March 23, 2010, this subtitle and subtitle A (and the amendments made by such subtitles) shall not apply to such plan or coverage, regardless of whether the individual renews such coverage after March 23, 2010.

(3) Application of certain provisions

The provisions of sections 2715 [ 42 U.S.C. 300gg-15 ] and 2718 [ 42 U.S.C. 300gg-18 ] of the Public Health Service Act (as added by subtitle A) shall apply to grandfathered health plans for plan years beginning on or after March 23, 2010.

(4) Application of certain provisions

(A) In general

The following provisions of the Public Health Service Act [ 42 U.S.C. 201 et seq.] (as added by this title) 1 shall apply to grandfathered health plans for plan years beginning with the first plan year to which such provisions would otherwise apply:

(i) Section 2708 [ 42 U.S.C. 300gg-7 ] (relating to excessive waiting periods).

(ii) Those provisions of section 2711 [ 42 U.S.C. 300gg-11 ] relating to lifetime limits.

(iii) Section 2712 [ 42 U.S.C. 300gg-12 ] (relating to rescissions).

(iv) Section 2714 [ 42 U.S.C. 300gg-14 ] (relating to extension of dependent coverage).

(B) Provisions applicable only to group health plans

(i) Provisions described

Those provisions of section 2711 [ 42 U.S.C. 300gg-11 ] relating to annual limits and the provisions of section 2704 [ 42 U.S.C. 300gg-3 ] (relating to pre-existing condition exclusions) of the Public Health Service Act (as added by this subtitle) shall apply to grandfathered health plans that are group health plans for plan years beginning with the first plan year to which such provisions otherwise apply.

(ii) Adult child coverage

For plan years beginning before January 1, 2014, the provisions of section 2714 of the Public Health Service Act [ 42 U.S.C. 300gg-14 ] (as added by this subtitle) shall apply in the case of an adult child with respect to a grandfathered health plan that is a group health plan only if such adult child is not eligible to enroll in an eligible employer-sponsored health plan (as defined in section 5000A(f)(2) of title 26) other than such grandfathered health plan.

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