PUBLIC LAW 104-191—AUG. 21, 1996
110 STAT. 1991
"(B)(i) Effective on the date of the enactment of the Health
Insurance Portability and Accountability Act of 1996—
"(I) the Secretary may issue regulations for carrying out
this subsection, and the Secretary may accept and consider
applications submitted pursuant to paragraph (5)(C); and
"(II) reports under paragraph (6)(C) may be submitted to
the Congress.
"(ii) For the first fiscal year for which an appropriation is
made under subparagraph (A) of paragraph (6), if an estimate
under subparagraph (C) of such paragraph has not been made
for the calendar year beginning in such fiscal year, the transfer
under subparagraph (D) of such paragraph shall be made notwithstanding the lack of the estimate, and the transfer shall be made
in an amount equal to the amount of such appropriation,".
SEC. 195. FINDINGS; SEVERABILITY.
42 USC 300gg
(a) FINDINGS RELATING TO EXERCISE OF COMMERCE CLAUSE
AUTHORITY.—Congress finds the following in relation to the provisions of this title:
(1) Provisions in group health plans and health insurance
coverage that impose certain preexisting condition exclusions
impact the ability of employees to seek employment in interstate commerce, thereby impeding such commerce.
(2) Health insurgmce coverage is commercial in nature and
is in and affects interstate commerce.
(3) It is a necessary and proper exercise of Congressional
authority to impose requirements under this title on group
health plans and health insurance coverage (including coverage
offered to individuals previously covered under group health
plans) in order to promote commerce among the States.
(4) Congress, however, intends to defer to States, to the
maximum extent practicable, in carrying out such requirements
with respect to insurers and health maintenance organizations
that are subject to State regulation, consistent with the provisions of the Employee Retirement Income Security Act of 1974.
(b) SEVERABILITY. — If any provision of this title or the application of such provision to any person or circumstance is held to
be unconstitutional, the remainder of this title and the application
of the provisions of such to any person or circumstance shall not
be affected thereby.
TITLE II—PREVENTING HEALTH CARE
FRAUD AND ABUSE; ADMINISTRATIVE
SIMPLIFICATION
SEC. 200. REFERENCES IN TITLE.
Except as otherwise specifically provided, whenever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the
Social Security Act.
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