§300gg–41. Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage — Inbound Citations

Citations to 42 U.S.C. § 300gg–41 as a whole

• 42 U.S.C. § 300gg–44(a)(1)

  Go to provision →

  (1) The requirements of section 300gg–41 of this title shall not apply with respect to health insurance coverage offered in the individual market in the State so long as a State is found to be implementing, in accordance with this section and consistent with section 300gg–62(b) of this title, an alternative mechanism (in this section referred to as an “acceptable alternative mechanism”)—

  (A) under which all eligible individuals are provided a choice of health insurance coverage;

  (B) under which such coverage does not impose any preexisting condition exclusion with respect to such coverage;

  (C) under which such choice of coverage includes at least one policy form of coverage that is comparable to comprehensive health insurance coverage offered in the individual market in such State or that is comparable to a standard option of coverage available under the group or individual health insurance laws of such State; and

  (D) in a State which is implementing—

  (i) a model act described in subsection (c)(1),

  (ii) a qualified high risk pool described in subsection (c)(2), or

  (iii) a mechanism described in subsection (c)(3).

• 42 U.S.C. § 300gg–44(b)(3)

  Go to provision →

  (3) If, after providing notice and opportunity under paragraph (2), the Secretary finds that the mechanism is not an acceptable alternative mechanism or the State is not implementing such a mechanism, the Secretary shall notify the State that the State is no longer considered to be implementing an acceptable alternative mechanism and that the requirements of section 300gg–41 of this title shall apply to health insurance coverage offered in the individual market in the State, effective as of a date specified in the notice.