---
kind: "section"
citation: "42 U.S.C. § 18044"
title: "42"
title_heading: "The Public Health and Welfare"
number: "18044"
heading: "Level playing field"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/18044"
units:
  - "Chapter 157 — Quality, Affordable Health Care for All Americans"
  - "Subchapter III — Available Coverage Choices for All Americans"
  - "Part C — State Flexibility Relating To Exchanges"
---

# §18044. Level playing field

- (a) **In general—** Notwithstanding any other provision of law, any [health insurance coverage](/usc/42/18021.md?p=b-2) offered by a private [health insurance issuer](/usc/42/18021.md?p=b-2) shall not be subject to any Federal or [State](/usc/42/18024.md?p=d) law described in [subsection (b)](#b) if a [qualified health plan](/usc/42/18021.md?p=a-1) offered under the Consumer Operated and Oriented Plan program under [section 18042 of this title](/usc/42/18042.md), or a multi-[State](/usc/42/18024.md?p=d) [qualified health plan](/usc/42/18021.md?p=a-1) under [section 18054 of this title](/usc/42/18054.md), is not subject to such law.
- (b) **Laws described—** The Federal and [State](/usc/42/18024.md?p=d) laws described in this subsection are those Federal and [State](/usc/42/18024.md?p=d) laws relating to—
  - (1) guaranteed renewal;
  - (2) rating;
  - (3) preexisting conditions;
  - (4) non-discrimination;
  - (5) quality improvement and reporting;
  - (6) fraud and abuse;
  - (7) solvency and financial requirements;
  - (8) market conduct;
  - (9) prompt payment;
  - (10) appeals and grievances;
  - (11) privacy and confidentiality;
  - (12) licensure; and
  - (13) benefit plan material or information.

## Source credit

(Pub. L. 111–148, title I, § 1324, title X, § 10104(n), Mar. 23, 2010, 124 Stat. 199, 902.)

## Notes

### Editorial Notes

### Amendments

2010—Subsec. (a). Pub. L. 111–148, § 10104(n), substituted “, or a multi-State qualified health plan under section 18054 of this title” for “, a community health insurance option under section 18043 of this title, or a nationwide qualified health plan under section 18053(b) of this title”.