§3905. Clarification concerning permissible State authority — Inbound Citations

Citations to 15 U.S.C. § 3905 as a whole

• 15 U.S.C. § 3903(a)

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  (a) Except as provided in this section and section 3905 of this title, a purchasing group is exempt from any State law, rule, regulation, or order to the extent that such law, rule, regulation, or order would—

  (1) prohibit the establishment of a purchasing group;

  (2) make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages, based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters;

  (3) prohibit a purchasing group or its members from purchasing insurance on the group basis described in paragraph (2) of this subsection;

  (4) prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;

  (5) require that a purchasing group must have a minimum number of members, common ownership or affiliation, or a certain legal form;

  (6) require that a certain percentage of a purchasing group must obtain insurance on a group basis;

  (7) require that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State; or

  (8) otherwise discriminate against a purchasing group or any of its members.