Page:United States Statutes at Large Volume 110 Part 3.djvu/242

This page needs to be proofread.

110 STAT. 1972 PUBLIC LAW 104-191—AUG. 21, 1996 "(iv) substitutes for the reference to '30-day period' in sections 2701(b)(2) and 2701(d)(1) a reference to any greater period; "(v) prohibits the imposition of any preexisting condition exclusion in cases not described in section 2701(d) or expands the exceptions described in such section; "(vi) requires special enrollment periods in addition to those required under section 2701(f); or "(vii) reduces the maximum period permitted in an affiliation period under section 2701(g)(1)(B). "(c) RULES OF CONSTRUCTION. —Nothing in this part shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such plan or coverage. "(d) DEFINITIONS. —For purposes of this section— "(1) STATE LAW.— The term 'State law' includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. A law of the United States applicable only to the District of Columbia shall be treated as a State law rather than a law of the United States. "(2) STATE.—The term 'State' includes a State (including the Northern Mariana Islands), any political subdivisions of a State or such Islands, or any agency or instrumentality of either. " PA RT C—DEFINITIONS; MISCELLANEOUS PROVISIONS 42 USC 300gg- "SEC. 2791. DEFINITIONS. 91 "(a) GROUP HEALTH PLAN.— "(1) DEFINITION.— The term 'group health plan' means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974) to the extent that the plan provides medical care (as defined in paragraph (2)) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. "(2) MEDICAL CARE.— The term 'medical care' means amounts paid for— "(A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body, "(B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and "(C) amounts psdd for insurance covering medical care referred to in subparagraphs (A) and (B). " (3) TREATMENT OF CERTAIN PLANS AS GROUP HEALTH PLAN FOR NOTICE PROVISION. — A program under which creditable coverage described in subparagraph (C), (D), (E), or (F) of section 2701(c)(1) is provided shall be treated as a group health plan for purposes of applying section 2701(e). " (b) DEFINITIONS RELATING TO HEALTH INSURANCE.— "(1) HEALTH INSURANCE COVERAGE.—The term 'health insurance coverage' means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical