Page:United States Statutes at Large Volume 110 Part 3.djvu/238

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110 STAT. 1968 PUBLIC LAW 104-191—AUG. 21, 1996 (and group health insurance coverage offered in connection with a group health plein) in relation to its provision of excepted benefits described in section 2791(c)(2) if the benefits— "(A) are provided under a separate policy, certificate, or contract of insurance; or "(B) are otherwise not an integral part of the plan. "(2) NONCOORDINATED, EXCEPTED BENEFITS. —The requirements of subparts 1 and 2 shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) in relation to its provision of excepted benefits described in section 2791(c)(3) if £dl of the following conditions are met: "(A) The benefits are provided under a separate policy, certificate, or contract of insurance. "(B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor. "(C) Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor. " (3) SUPPLEMENTAL EXCEPTED BENEFITS.— The requirements of this part shall not apply to any group health plan (and group he^th insurance coverage) in relation to its provision of excepted benefits described in section 27971(c)(4) if the benefits are provided under a separate policy, certificate, or contract of insurance. "(e) TREATMENT OF PARTNERSHIPS.—For purposes of this part— "(1) TREATMENT AS A GROUP HEALTH PLAN.— Any plan, fund, or program which would not be (but for this subsection) an employee welfare benefit plan and which is established or maintained by a partnership, to the extent that such plan, fund, or program provides medical care (including items and services paid for as medical care) to present or former psirtners in the partnership or to their dependents (as defined under the terms of the plan, fund, or program), directly or through insurance, reimbursement, or otherwise, shall be treated (subject to paragraph (2)) as an employee welfare benefit plan which is a group health plan. "(2) EMPLOYER.— In the case of a group health plan, the term 'employer' also includes the partnership in relation to any partner. "(3) PARTICIPANTS OF GROUP HEALTH PLANS.— In the case of a group health plan, the term 'participant' also includes— "(A) in connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership, or "(B) in connection with a group hegdth plan maintained by a self-employed individual (under which one or more employees are participants), the self-employed individual, if such individual is, or may become, eligible to receive a benefit under the plan or such individual's beneficiaries may be eligible to receive any such benefit. 42 USC " SEC. 2722. ENFORCEMENT. ^^~ • "(a) STATE ENFORCEMENT. —