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1560 - Rules of Construction

 
Implementation Status 
Statutory Text 

Summary

Notes that nothing in this Title (or an amendment made by this Title) shall be construed to modify, impair or supersede the operation of referenced antitrust laws; modify or limit the application of the exemption for Hawaii’s Prepaid Health Care Act under ERISA; or prohibit an institution of higher education from offering a student health insurance plan otherwise allowed by applicable law.

Specifies that nothing in this Title (or an amendment made by this Title, unless specified by direct statutory reference) shall be construed to modify any existing Federal requirement concerning the State agency responsible for determining eligibility for Medicaid, CHIP and the Basic Health Plan Program.

Implementation Status

 
Summary 
Statutory Text 

In a March 21, 2012, final rule on student health insurance coverage, CMS made several clarifications that it said it believes “are necessary to facilitate the offering of student health insurance plans, consistent with the requirements” of section 1560. The final rule, among other provisions, provides a transition period for issuers of student health insurance coverage to comply with ACA rules regarding annual dollar limit requirements and the methodology for MLR calculation.

A February 27, 2013, final rule regarding health insurance market rules and rate review also uses section 1560 authority with respect to student health insurance plans, providing that non-grandfathered student health insurance coverage is not subject to the ACA single risk pool requirement.

Statutory Text

 
Implementation Status 
Summary 

SEC. 1560 [42 U.S.C. 18118]. RULES OF CONSTRUCTION.
(a) NO EFFECT ON ANTITRUST LAWS.—Nothing in this title (or
an amendment made by this title) shall be construed to modify, impair,
or supersede the operation of any of the antitrust laws. For
the purposes of this section, the term ‘‘antitrust laws’’ has the
meaning given such term in subsection (a) of the first section of the
Clayton Act, except that such term includes section 5 of the Federal
Trade Commission Act to the extent that such section 5 applies
to unfair methods of competition.
(b) RULE OF CONSTRUCTION REGARDING HAWAII’S PREPAID
HEALTH CARE ACT.—Nothing in this title (or an amendment made
by this title) shall be construed to modify or limit the application
of the exemption for Hawaii’s Prepaid Health Care Act (Haw. Rev.
Stat. §§ 393–1 et seq.) as provided for under section 514(b)(5) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1144(b)(5)).
(c) STUDENT HEALTH INSURANCE PLANS.—Nothing in this title
(or an amendment made by this title) shall be construed to prohibit
an institution of higher education (as such term is defined for purposes
of the Higher Education Act of 1965) from offering a student
health insurance plan, to the extent that such requirement is otherwise
permitted under applicable Federal, State or local law.
(d) NO EFFECT ON EXISTING REQUIREMENTS.—Nothing in this
title (or an amendment made by this title, unless specified by direct
statutory reference) shall be construed to modify any existing
Federal requirement concerning the State agency responsible for
determining eligibility for programs identified in section 1413.

Browse ACA Titles

  • I-Quality, Affordable Health Care for all Americans
  • II-Role of Public Programs
  • III-Improving the Quality and Efficiency of Health Care
  • IV-Prevention of Chronic Disease and Improving Public Health
  • V-Health Care Workforce
  • VI-Transparency and Program Integrity
  • VII-Improving Access to Innovative Medical Therapies
  • VIII-Community Living Assistance Services and Supports (CLASS ACT)
  • IX-Revenue Provisions

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