---
kind: "section"
citation: "45 C.F.R. § 147.110"
title: "45"
number: "147.110"
heading: "Prohibiting discrimination against participants, beneficiaries, and individuals based on a health factor."
url: "https://uscodex.org/cfr/45/147.110"
---

# §147.110. Prohibiting discrimination against participants, beneficiaries, and individuals based on a health factor.

- (a) **In general.** A group health plan and a health insurance issuer offering group or individual health insurance coverage must comply with all the requirements under [45 CFR 146.121](/cfr/45/146.121.md) applicable to a group health plan and a health insurance issuer offering group health insurance coverage. Accordingly, with respect to an issuer offering health insurance coverage in the individual market, the issuer is subject to the requirements of [§ 146.121](/cfr/45/146.121.md) to the same extent as an issuer offering group health insurance coverage, except the exception contained in [§ 146.121(f)](/cfr/45/146.121.md?p=f) (concerning nondiscriminatory wellness programs) does not apply.
- (b) **Applicability date.** This section is applicable to group health plans and health insurance issuers offering group or individual health insurance coverage for plan years (in the individual market, policy years) beginning on or after January 1, 2014. See [§ 147.140](/cfr/45/147.140.md), which provides that the rules of this section do not apply to grandfathered health plans that are individual health insurance coverage.

## Notes

### Amendments

[78 FR 33192, June 3, 2013]

### Authority

Authority: 42 U.S.C. 300gg through 300gg-63, 300gg-91, 300gg-92, and 300gg-111 through 300gg-139, as amended, and section 3203, Pub. L. 116-136, 134 Stat. 281.

### Source

Source: 75 FR 27138, May 13, 2010, unless otherwise noted.

### Amendments

[78 FR 33192, June 3, 2013]