---
kind: "section"
citation: "45 C.F.R. § 148.210"
title: "45"
number: "148.210"
heading: "Preemption."
url: "https://uscodex.org/cfr/45/148.210"
---

# §148.210. Preemption.

- (a) **Scope.**
  - (1) This section describes the effect of sections 2741 through 2763 and 2791 of the PHS Act on a State's authority to regulate health insurance issuers in the individual market. This section makes clear that States remain subject to [section 514](/cfr/45/514.md) of ERISA, which generally preempts State law that relates to ERISA-covered plans.
  - (2) Sections 2741 through 2763 and 2791 of the PHS Act cannot be construed to affect or modify the provisions of [section 514](/cfr/45/514.md) of ERISA.
- (b) **Regulation of insurance issuers.** The individual market rules of this part do not prevent a State law from establishing, implementing, or continuing in effect standards or requirements unless the standards or requirements prevent the application of a requirement of this part.

## Notes

### Authority

Authority: 42 U.S.C. 300gg through 300gg-63, 300gg-11 300gg-91, and 300-gg92, as amended.

### Source

Source: 62 FR 16995, Apr. 8, 1997, unless otherwise noted.