Page:United States Statutes at Large Volume 124.djvu/910

124 STAT. 884 PUBLIC LAW 111–148—MAR. 23, 2010 Protection and Affordable Care Act, as determined by the Sec- retary. In defining the term ‘restricted annual limit’ for pur- poses of the preceding sentence, the Secretary shall ensure that access to needed services is made available with a minimal impact on premiums. ‘‘(b) PER BENEFICIARY LIMITS.—Subsection (a) shall not be con- strued to prevent a group health plan or health insurance coverage from placing annual or lifetime per beneficiary limits on specific covered benefits that are not essential health benefits under section 1302(b) of the Patient Protection and Affordable Care Act, to the extent that such limits are otherwise permitted under Federal or State law.’’. (b) Section 2715(a) of the Public Health Service Act, as added by section 1001(5) of this Act, is amended by striking ‘‘and providing to enrollees’’ and inserting ‘‘and providing to applicants, enrollees, and policyholders or certificate holders’’. (c) Subpart II of part A of title XXVII of the Public Health Service Act, as added by section 1001(5), is amended by inserting after section 2715, the following: ‘‘SEC. 2715A. PROVISION OF ADDITIONAL INFORMATION. ‘‘A group health plan and a health insurance issuer offering group or individual health insurance coverage shall comply with the provisions of section 1311(e)(3) of the Patient Protection and Affordable Care Act, except that a plan or coverage that is not offered through an Exchange shall only be required to submit the information required to the Secretary and the State insurance commissioner, and make such information available to the public.’’. (d) Section 2716 of the Public Health Service Act, as added by section 1001(5) of this Act, is amended to read as follows: ‘‘SEC. 2716. PROHIBITION ON DISCRIMINATION IN FAVOR OF HIGHLY COMPENSATED INDIVIDUALS. ‘‘(a) IN GENERAL.—A group health plan (other than a self- insured plan) shall satisfy the requirements of section 105(h)(2) of the Internal Revenue Code of 1986 (relating to prohibition on discrimination in favor of highly compensated individuals). ‘‘(b) RULES AND DEFINITIONS.—For purposes of this section— ‘‘(1) CERTAIN RULES TO APPLY.—Rules similar to the rules contained in paragraphs (3), (4), and (8) of section 105(h) of such Code shall apply. ‘‘(2) HIGHLY COMPENSATED INDIVIDUAL.—The term ‘highly compensated individual’ has the meaning given such term by section 105(h)(5) of such Code.’’. (e) Section 2717 of the Public Health Service Act, as added by section 1001(5) of this Act, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b), the following: ‘‘(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS.— ‘‘(1) WELLNESS AND PREVENTION PROGRAMS.—A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to— ‘‘(A) the presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property of an individual; or 42 USC 300gg–17. 42 USC 300gg–16. Public information. 42 USC 300gg–15a. 42 USC 300gg–15.