---
kind: "section"
citation: "42 U.S.C. § 300gg–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300gg–4"
heading: "Prohibiting discrimination against individual participants and beneficiaries based on health status"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300gg-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXV — Requirements Relating to Health Insurance Coverage"
  - "Part A — Individual and Group Market Reforms"
  - "Subpart I — General Reform"
---

# §300gg–4. Prohibiting discrimination against individual participants and beneficiaries based on health status

- (a) **In general—** A [group health plan](/usc/42/300bb–8.md?p=1) and a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering group or [individual health insurance coverage](/usc/42/300gg–91.md?p=b-5) may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan or coverage based on any of the following [health status-related factors](/usc/42/300gg–91.md?p=d-9) in relation to the individual or a dependent of the individual:
  - (1) Health status.
  - (2) Medical condition (including both physical and mental illnesses).
  - (3) Claims experience.
  - (4) Receipt of health care.
  - (5) Medical history.
  - (6) [Genetic information](/usc/42/300gg–91.md?p=d-16-A).
  - (7) Evidence of insurability (including conditions arising out of acts of domestic violence).
  - (8) Disability.
  - (9) Any other [health status-related factor](/usc/42/300gg–91.md?p=d-9) determined appropriate by the [Secretary](/usc/42/201.md?p=c).
- (b) **In premium contributions—**
  - (1) **In general—** A [group health plan](/usc/42/300bb–8.md?p=1), and a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering group or [individual health insurance coverage](/usc/42/300gg–91.md?p=b-5), may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any [health status-related factor](/usc/42/300gg–91.md?p=d-9) in relation to the individual or to an individual enrolled under the plan as a dependent of the individual.
  - (2) **Construction—** Nothing in [paragraph (1)](#b-1) shall be construed—
    - (A) to restrict the amount that an [employer](/usc/42/300gg–91.md?p=d-6) or individual may be charged for coverage under a [group health plan](/usc/42/300bb–8.md?p=1) except as provided in [paragraph (3)](#b-3) or individual health coverage, as the case may be; or
    - (B) to prevent a [group health plan](/usc/42/300bb–8.md?p=1), and a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [group health insurance coverage](/usc/42/300gg–91.md?p=b-4), from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to [programs](/usc/42/274l–1.md?p=4) of health promotion and disease prevention.
  - (3) **No group-based discrimination on basis of genetic information—**
    - (A) **In general—** For purposes of this section, a [group health plan](/usc/42/300bb–8.md?p=1), and health[^1] insurance issuer offering [group health insurance coverage](/usc/42/300gg–91.md?p=b-4) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), may not adjust premium or contribution amounts for the group covered under such plan on the basis of [genetic information](/usc/42/300gg–91.md?p=d-16-A).
    - (B) **Rule of construction—** Nothing in [subparagraph (A)](#b-3-A) or in paragraphs [(1)](#d-1) and [(2)](#d-2) of subsection (d) shall be construed to limit the ability of a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering group or [individual health insurance coverage](/usc/42/300gg–91.md?p=b-5) to increase the premium for an [employer](/usc/42/300gg–91.md?p=d-6) based on the manifestation of a disease or disorder of an individual who is enrolled in the plan. In such case, the manifestation of a disease or disorder in one individual cannot also be used as [genetic information](/usc/42/300gg–91.md?p=d-16-A) about other group members and to further increase the premium for the [employer](/usc/42/300gg–91.md?p=d-6).
- (c) **Genetic testing—**
  - (1) **Limitation on requesting or requiring genetic testing—** A [group health plan](/usc/42/300bb–8.md?p=1), and a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), shall not request or require an individual or a [family member](/usc/42/300gg–91.md?p=d-15) of such individual to undergo a [genetic test](/usc/42/300gg–91.md?p=d-17-A).
  - (2) **Rule of construction—** [Paragraph (1)](#c-1) shall not be construed to limit the authority of a health care professional who is providing health [care services](/usc/42/300z–1.md?p=a-7) to an individual to request that such individual undergo a [genetic test](/usc/42/300gg–91.md?p=d-17-A).
  - (3) **Rule of construction regarding payment—**
    - (A) **In general—** Nothing in [paragraph (1)](#c-1) shall be construed to preclude a [group health plan](/usc/42/300bb–8.md?p=1), or a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), from obtaining and using the results of a [genetic test](/usc/42/300gg–91.md?p=d-17-A) in making a determination regarding payment (as such term is defined for the purposes of applying the [regulations](/usc/42/201.md?p=d) promulgated by the [Secretary](/usc/42/201.md?p=c) under part C of title XI of the Social Security Act [[42 U.S.C. 1320d](/usc/42/1320d.md) et seq.] and [section 264](/usc/42/264.md) of the Health Insurance Portability and Accountability Act of 1996, as may be revised from time to time) consistent with [subsection (a)](#a).
    - (B) **Limitation—** For purposes of [subparagraph (A)](#c-3-A), a [group health plan](/usc/42/300bb–8.md?p=1), or a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), may request only the minimum amount of information necessary to accomplish the intended purpose.
  - (4) **Research exception—** Notwithstanding [paragraph (1)](#c-1), a [group health plan](/usc/42/300bb–8.md?p=1), or a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), may request, but not require, that a [participant](/usc/42/300gg–91.md?p=d-11) or [beneficiary](/usc/42/300gg–91.md?p=d-2) undergo a [genetic test](/usc/42/300gg–91.md?p=d-17-A) if each of the following conditions is met:
    - (A) The request is made pursuant to research that complies with part 46 of title 45, Code of Federal [Regulations](/usc/42/201.md?p=d), or equivalent Federal [regulations](/usc/42/201.md?p=d), and any applicable [State](/usc/42/201.md?p=f) or local law or [regulations](/usc/42/201.md?p=d) for the protection of human subjects in research.
    - (B) The plan or issuer clearly indicates to each [participant](/usc/42/300gg–91.md?p=d-11) or [beneficiary](/usc/42/300gg–91.md?p=d-2), or in the case of a minor child, to the legal guardian of such [beneficiary](/usc/42/300gg–91.md?p=d-2), to whom the request is made that—
      - (i) compliance with the request is voluntary; and
      - (ii) non-compliance will have no effect on enrollment status or premium or contribution amounts.
    - (C) No [genetic information](/usc/42/300gg–91.md?p=d-16-A) collected or acquired under this paragraph shall be used for [underwriting purposes](/usc/42/300gg–91.md?p=d-19).
    - (D) The plan or issuer notifies the [Secretary](/usc/42/201.md?p=c) in writing that the plan or issuer is conducting activities pursuant to the exception provided for under this paragraph, including a description of the activities conducted.
    - (E) The plan or issuer complies with such other conditions as the [Secretary](/usc/42/201.md?p=c) may by regulation require for activities conducted under this paragraph.
- (d) **Prohibition on collection of genetic information—**
  - (1) **In general—** A [group health plan](/usc/42/300bb–8.md?p=1), and a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), shall not request, require, or purchase [genetic information](/usc/42/300gg–91.md?p=d-16-A) for [underwriting purposes](/usc/42/300gg–91.md?p=d-19) (as defined in [section 300gg–91 of this title](/usc/42/300gg–91.md)).
  - (2) **Prohibition on collection of genetic information prior to enrollment—** A [group health plan](/usc/42/300bb–8.md?p=1), and a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), shall not request, require, or purchase [genetic information](/usc/42/300gg–91.md?p=d-16-A) with respect to any individual prior to such individual’s enrollment under the plan or coverage in connection with such enrollment.
  - (3) **Incidental collection—** If a [group health plan](/usc/42/300bb–8.md?p=1), or a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in connection with a [group health plan](/usc/42/300bb–8.md?p=1), obtains [genetic information](/usc/42/300gg–91.md?p=d-16-A) incidental to the requesting, requiring, or purchasing of other information concerning any individual, such request, requirement, or purchase shall not be considered a [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (2)](#d-2) if such request, requirement, or purchase is not in [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (1)](#d-1).
- (e) **Application to all plans—** The provisions of subsections [(a)(6)](#a-6), [(b)(3)](#b-3), [(c)](#c), and [(d)](#d) and [subsection (b)(1)](#b-1) and [section 300gg–3 of this title](/usc/42/300gg–3.md) with respect to [genetic information](/usc/42/300gg–91.md?p=d-16-A), shall apply to [group health plans](/usc/42/300bb–8.md?p=1) and [health insurance issuers](/usc/42/300gg–91.md?p=b-2) without regard to [section 300gg–21(a)](/usc/42/300gg–21.md?p=a)[^2] of this title.
- (f) **Genetic information of a fetus or embryo—** Any reference in this part to [genetic information](/usc/42/300gg–91.md?p=d-16-A) concerning an individual or [family member](/usc/42/300gg–91.md?p=d-15) of an individual shall—
  - (1) with respect to such an individual or [family member](/usc/42/300gg–91.md?p=d-15) of an individual who is a pregnant woman, include [genetic information](/usc/42/300gg–91.md?p=d-16-A) of any fetus carried by such pregnant woman; and
  - (2) with respect to an individual or [family member](/usc/42/300gg–91.md?p=d-15) utilizing an [assisted reproductive technology](/usc/42/263a–7.md?p=1), include [genetic information](/usc/42/300gg–91.md?p=d-16-A) of any embryo legally held by the individual or [family member](/usc/42/300gg–91.md?p=d-15).
- (j) **3 Programs of health promotion or disease prevention—**
  - (1) **General provisions—**
    - (A) **General rule—** For purposes of [subsection (b)(2)(B)](#b-2-B), a [program](/usc/42/274l–1.md?p=4) of health promotion or disease prevention (referred to in this subsection as a “wellness [program](/usc/42/274l–1.md?p=4)”) shall be a [program](/usc/42/274l–1.md?p=4) offered by an [employer](/usc/42/300gg–91.md?p=d-6) that is designed to promote health or prevent disease that meets the applicable requirements of this subsection.
    - (B) **No conditions based on health status factor—** If none of the conditions for obtaining a premium discount or rebate or other reward for participation in a wellness [program](/usc/42/274l–1.md?p=4) is based on an individual satisfying a standard that is related to a health status factor, such wellness [program](/usc/42/274l–1.md?p=4) shall not violate this section if participation in the [program](/usc/42/274l–1.md?p=4) is made available to all similarly situated individuals and the requirements of [paragraph (2)](#j-2) are complied with.
    - (C) **Conditions based on health status factor—** If any of the conditions for obtaining a premium discount or rebate or other reward for participation in a wellness [program](/usc/42/274l–1.md?p=4) is based on an individual satisfying a standard that is related to a health status factor, such wellness [program](/usc/42/274l–1.md?p=4) shall not violate this section if the requirements of [paragraph (3)](#j-3) are complied with.
  - (2) **Wellness programs not subject to requirements—** If none of the conditions for obtaining a premium discount or rebate or other reward under a wellness [program](/usc/42/274l–1.md?p=4) as described in [paragraph (1)(B)](#j-1-B) are based on an individual satisfying a standard that is related to a health status factor (or if such a wellness [program](/usc/42/274l–1.md?p=4) does not provide such a reward), the wellness [program](/usc/42/274l–1.md?p=4) shall not violate this section if participation in the [program](/usc/42/274l–1.md?p=4) is made available to all similarly situated individuals. The following [programs](/usc/42/274l–1.md?p=4) shall not have to comply with the requirements of [paragraph (3)](#j-3) if participation in the [program](/usc/42/274l–1.md?p=4) is made available to all similarly situated individuals:
    - (A) A [program](/usc/42/274l–1.md?p=4) that reimburses all or part of the cost for memberships in a fitness center.
    - (B) A diagnostic testing [program](/usc/42/274l–1.md?p=4) that provides a reward for participation and does not base any part of the reward on outcomes.
    - (C) A [program](/usc/42/274l–1.md?p=4) that encourages preventive care related to a health condition through the waiver of the copayment or deductible requirement under group[^1] health plan for the costs of certain items or [services](/usc/42/201.md?p=a) related to a health condition (such as prenatal care or well-baby visits).
    - (D) A [program](/usc/42/274l–1.md?p=4) that reimburses individuals for the costs of smoking cessation [programs](/usc/42/274l–1.md?p=4) without regard to whether the individual quits smoking.
    - (E) A [program](/usc/42/274l–1.md?p=4) that provides a reward to individuals for attending a periodic health education seminar.
  - (3) **Wellness programs subject to requirements—** If any of the conditions for obtaining a premium discount, rebate, or reward under a wellness [program](/usc/42/274l–1.md?p=4) as described in [paragraph (1)(C)](#j-1-C) is based on an individual satisfying a standard that is related to a health status factor, the wellness [program](/usc/42/274l–1.md?p=4) shall not violate this section if the following requirements are complied with:
    - (A) The reward for the wellness [program](/usc/42/274l–1.md?p=4), together with the reward for other wellness [programs](/usc/42/274l–1.md?p=4) with respect to the plan that requires satisfaction of a standard related to a health status factor, shall not exceed 30 percent of the cost of [employee](/usc/42/300gg–91.md?p=d-5)-only coverage under the plan. If, in addition to [employees](/usc/42/300gg–91.md?p=d-5) or individuals, any class of dependents (such as spouses or spouses and dependent children) may participate fully in the wellness [program](/usc/42/274l–1.md?p=4), such reward shall not exceed 30 percent of the cost of the coverage in which an [employee](/usc/42/300gg–91.md?p=d-5) or individual and any dependents are enrolled. For purposes of this paragraph, the cost of coverage shall be determined based on the total amount of [employer](/usc/42/300gg–91.md?p=d-6) and [employee](/usc/42/300gg–91.md?p=d-5) contributions for the benefit package under which the [employee](/usc/42/300gg–91.md?p=d-5) is (or the [employee](/usc/42/300gg–91.md?p=d-5) and any dependents are) receiving coverage. A reward may be in the form of a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism (such as deductibles, copayments, or coinsurance), the absence of a surcharge, or the value of a benefit that would otherwise not be provided under the plan. The [Secretaries](/usc/42/201.md?p=c) of Labor, Health and Human [Services](/usc/42/201.md?p=a), and the Treasury may increase the reward available under this subparagraph to up to 50 percent of the cost of coverage if the [Secretaries](/usc/42/201.md?p=c) determine that such an increase is appropriate.
    - (B) The wellness [program](/usc/42/274l–1.md?p=4) shall be reasonably designed to promote health or prevent disease. A [program](/usc/42/274l–1.md?p=4) complies with the preceding sentence if the [program](/usc/42/274l–1.md?p=4) has a reasonable chance of improving the health of, or preventing disease in, participating individuals and it is not overly burdensome, is not a subterfuge for discriminating based on a health status factor, and is not highly suspect in the method chosen to promote health or prevent disease.
    - (C) The plan shall give individuals eligible for the [program](/usc/42/274l–1.md?p=4) the opportunity to qualify for the reward under the [program](/usc/42/274l–1.md?p=4) at least once each year.
    - (D) The full reward under the wellness [program](/usc/42/274l–1.md?p=4) shall be made available to all similarly situated individuals. For such purpose, among other things:
      - (i) The reward is not available to all similarly situated individuals for a period unless the wellness [program](/usc/42/274l–1.md?p=4) allows—
        - (I) for a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard; and
        - (II) for a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the otherwise applicable standard.
      - (ii) If reasonable under the circumstances, the plan or issuer may seek verification, such as a statement from an individual’s physician, that a health status factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard.
    - (E) The plan or issuer involved shall disclose in all plan materials describing the terms of the wellness [program](/usc/42/274l–1.md?p=4) the availability of a reasonable alternative standard (or the possibility of waiver of the otherwise applicable standard) required under [subparagraph (D)](#j-3-D). If plan materials disclose that such a [program](/usc/42/274l–1.md?p=4) is available, without describing its terms, the disclosure under this subparagraph shall not be required.
- (k) **Existing programs—** Nothing in this section shall prohibit a [program](/usc/42/274l–1.md?p=4) of health promotion or disease prevention that was established prior to March 23, 2010, and applied with all applicable [regulations](/usc/42/201.md?p=d), and that is operating on such date, from continuing to be carried out for as long as such [regulations](/usc/42/201.md?p=d) remain in effect.
- (l) **Wellness program demonstration project—**
  - (1) **In general—** Not later than July 1, 2014, the [Secretary](/usc/42/201.md?p=c), in consultation with the [Secretary](/usc/42/201.md?p=c) of the Treasury and the [Secretary](/usc/42/201.md?p=c) of Labor, shall establish a 10-[State](/usc/42/201.md?p=f) demonstration [project](/usc/42/13641.md?p=2) under which participating [States](/usc/42/201.md?p=f) shall apply the provisions of [subsection (j)](#j) to [programs](/usc/42/274l–1.md?p=4) of health promotion offered by a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) that offers [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) in such [State](/usc/42/201.md?p=f).
  - (2) **Expansion of demonstration project—** If the [Secretary](/usc/42/201.md?p=c), in consultation with the [Secretary](/usc/42/201.md?p=c) of the Treasury and the [Secretary](/usc/42/201.md?p=c) of Labor, determines that the demonstration [project](/usc/42/13641.md?p=2) described in [paragraph (1)](#l-1) is effective, such [Secretaries](/usc/42/201.md?p=c) may, beginning on July 1, 2017 expand such demonstration [project](/usc/42/13641.md?p=2) to include additional participating [States](/usc/42/201.md?p=f).
  - (3) **Requirements—**
    - (A) **Maintenance of coverage—** The [Secretary](/usc/42/201.md?p=c), in consultation with the [Secretary](/usc/42/201.md?p=c) of the Treasury and the [Secretary](/usc/42/201.md?p=c) of Labor, shall not approve the participation of a [State](/usc/42/201.md?p=f) in the demonstration [project](/usc/42/13641.md?p=2) under this section unless the [Secretaries](/usc/42/201.md?p=c) determine that the [State](/usc/42/201.md?p=f)’s [project](/usc/42/13641.md?p=2) is designed in a manner that—
      - (i) will not result in any decrease in coverage; and
      - (ii) will not increase the cost to the Federal Government in providing credits under [section 36B of title 26](/usc/26/36B.md) or cost-sharing assistance under [section 18071 of this title](/usc/42/18071.md).
    - (B) **Other requirements—** [States](/usc/42/201.md?p=f) that participate in the demonstration [project](/usc/42/13641.md?p=2) under this subsection—
      - (i) may permit premium discounts or rebates or the modification of otherwise applicable copayments or deductibles for adherence to, or participation in, a reasonably designed [program](/usc/42/274l–1.md?p=4) of health promotion and disease prevention;
      - (ii) shall ensure that requirements of consumer protection are met in [programs](/usc/42/274l–1.md?p=4) of health promotion in the [individual market](/usc/42/300gg–91.md?p=e-1-A);
      - (iii) shall require verification from [health insurance issuers](/usc/42/300gg–91.md?p=b-2) that offer [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) of such [State](/usc/42/201.md?p=f) that premium discounts—
        - (I) do not create undue burdens for individuals insured in the [individual market](/usc/42/300gg–91.md?p=e-1-A);
        - (II) do not lead to cost shifting; and
        - (III) are not a subterfuge for discrimination;
      - (iv) shall ensure that consumer data is protected in accordance with the requirements of [section 264(c)](/usc/42/264.md?p=c) of the Health Insurance Portability and Accountability Act of 1996 ([42 U.S.C. 1320d–2](/usc/42/1320d–2.md) note); and
      - (v) shall ensure and demonstrate to the satisfaction of the [Secretary](/usc/42/201.md?p=c) that the discounts or other rewards provided under the [project](/usc/42/13641.md?p=2) reflect the expected level of participation in the wellness [program involved](/usc/42/300x–64.md?p=a-1) and the anticipated effect the [program](/usc/42/274l–1.md?p=4) will have on utilization or medical claim costs.
- (m) **Report—**
  - (1) **In general—** Not later than 3 years after March 23, 2010, the [Secretary](/usc/42/201.md?p=c), in consultation with the [Secretary](/usc/42/201.md?p=c) of the Treasury and the [Secretary](/usc/42/201.md?p=c) of Labor, shall submit a report to the appropriate committees of Congress concerning—
    - (A) the effectiveness of wellness [programs](/usc/42/274l–1.md?p=4) (as defined in [subsection (j)](#j)) in promoting health and preventing disease;
    - (B) the impact of such wellness [programs](/usc/42/274l–1.md?p=4) on the access to care and affordability of coverage for [participants](/usc/42/300gg–91.md?p=d-11) and non-[participants](/usc/42/300gg–91.md?p=d-11) of such [programs](/usc/42/274l–1.md?p=4);
    - (C) the impact of premium-based and cost-sharing incentives on [participant](/usc/42/300gg–91.md?p=d-11) behavior and the role of such [programs](/usc/42/274l–1.md?p=4) in changing behavior; and
    - (D) the effectiveness of different types of rewards.
  - (2) **Data collection—** In preparing the report described in [paragraph (1)](#m-1), the [Secretaries](/usc/42/201.md?p=c) shall gather relevant information from [employers](/usc/42/300gg–91.md?p=d-6) who provide [employees](/usc/42/300gg–91.md?p=d-5) with access to wellness [programs](/usc/42/274l–1.md?p=4), including [State](/usc/42/201.md?p=f) and Federal [agencies](/usc/42/8262.md?p=1).
- (n) **Regulations—** Nothing in this section shall be construed as prohibiting the [Secretaries](/usc/42/201.md?p=c) of Labor, Health and Human [Services](/usc/42/201.md?p=a), or the Treasury from promulgating [regulations](/usc/42/201.md?p=d) in connection with this section.

## Footnotes

[^1]: So in original. Probably should be preceded by “a”.
[^2]: See References in Text note below.
[^3]: So in original. No subsecs. (g) to (i) have been enacted.

## Source credit

(July 1, 1944, ch. 373, title XXVII, § 2705, as added and amended Pub. L. 111–148, title I, § 1201(3), (4), Mar. 23, 2010, 124 Stat. 154, 156.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (c)(3)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Section 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsecs. (c)(3)(A) and (l)(3)(B)(iv), is section 264 of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.

Section 300gg–21(a) of this title, referred to in subsec. (e), was in the original a reference to section 2735(a) of act July 1, 1944, and was translated as if it referred to section 2722(a) of that act to reflect the probable intent of Congress because of the renumbering of section 2735 as 2722 by Pub. L. 111–148, title I, § 1563(c)(12)(D), formerly § 1562(c)(12)(D), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 269, 911. The act July 1, 1944, does not contain a section 2735.

### Codification

The text of section 300gg–1 of this title, which was amended and transferred to subsecs. (b) to (f) of this section by Pub. L. 111–148, § 1201(3), was based on act July 1, 1944, ch. 373, title XXVII, § 2702, as added Pub. L. 104–191, title I, § 102(a), Aug. 21, 1996, 110 Stat. 1961; amended Pub. L. 110–233, title I, § 102(a)(1)–(3), May 21, 2008, 122 Stat. 888, 890.

### Prior Provisions

A prior section 300gg–4, act July 1, 1944, ch. 373, title XXVII, § 2704, as added Pub. L. 104–204, title VI, § 604(a)(3), Sept. 26, 1996, 110 Stat. 2939, which related to standards relating to benefits for mothers and newborns, was renumbered section 2725 of act July 1, 1944, by Pub. L. 111–148, title I, § 1001(2), Mar. 23, 2010, 124 Stat. 130, and transferred to section 300gg–25 of this title.

A prior section 2705 of act July 1, 1944, was renumbered section 2726 and is classified to section 300gg–26 of this title.

Another prior section 2705 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238d of this title.

### Amendments

2010—Pub. L. 111–148, § 1201(3), transferred section 300gg–1 of this title to subsecs. (b) to (f) of this section after amending it by striking out the section catchline “Prohibiting discrimination against individual participants and beneficiaries based on health status”, by striking subsec. (a) which prohibited discrimination against individual participants in group health plans based on certain health status-related factors, by amending subsec. (b) by substituting “health insurance issuer offering group or individual health insurance coverage” for “health insurance issuer offering health insurance coverage in connection with a group health plan” in pars. (1) and (3)(B) and by inserting “or individual” after “employer” and “or individual health coverage, as the case may be” before semicolon in par. (2)(A), and by amending subsec. (e) by substituting “(a)(6)” for “(a)(1)(F)” and “300gg–3” for “300gg” and making technical amendment to reference in original act which appears in text as reference to section 300gg–21(a) of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective for plan years beginning on or after Jan. 1, 2014, see section 1255 of Pub. L. 111–148, set out as a note under section 300gg of this title.