Page:United States Statutes at Large Volume 110 Part 3.djvu/244

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110 STAT. 1974 PUBLIC LAW 104-191—AUG. 21, 1996 "(B) Hospital indemnity or other fixed indemnity insurance. " (4) BENfEFITS NOT SUBJECT TO REQUIREMENTS IF OFFERED AS SEPARATE INSURANCE POLICY.— Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act), coverage supplemental to the coverage provided under chapter 55 of title 10, United States Code, and similar supplemental coverage provided to coverage under a group health plan. " (d) OTHER DEFINITIONS.— "(1) APPLICABLE STATE AUTHORITY.—The term 'applicable State authority* means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State involved with respect to such issuer. "(2) BENEFICIARY.—The term 'beneficial has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974. "(3) BONA FIDE ASSOCIATION.—The term 'bona fide association' means, with respect to health insurance coverage offered in a State, an association which— "(A) has been actively in existence for at least 5 years; "(B) has been formed and maintained in good faith for purposes other than obtaining insurance; "(C) does not condition membership in the association on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee); "(D) makes health insurance coverage offered through the association available to all members regardless of any health status-related factor relating to such members (or individuals eligible for coverage through a member); "(E) does not make health insurance coverage offered through the association available other than in connection with a member of the association; and "(F) meets such additional requirements as may be imposed under State law. "(4) COBRA CONTINUATION PROVISION.—The term 'COBRA continuation provision' means any of the following: "(A) Section 4980B of the Internal Revenue Code of 1986, other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines. "(B) Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, other than section 609 of such Act. "(C) Title XXII of this Act. "(5) EMPLOYEE. —The term 'employee' has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974. "(6) EMPLOYER. — The term 'employer' has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974, except that such term shall include only employers of two or more employees. "(7) CHURCH PLAN.— The term 'church plan' has the meaning given such term under section 3(33) of the Employee Retirement Income Security Act of 1974.