Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 300gg: Preemption and application

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Subject to subsection (b), nothing in this part (or part C insofar as it applies to this part) shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements unless such standards and requirements prevent the application of a requirement of this part. Nothing in this part (or part C insofar as it applies to this part) shall be construed to affect or modify the provisions of section 1144 of title 29 . Nothing in this part (other than section 300gg–51 of this title ) shall be construed as requiring health insurance coverage offered in the individual market to provide specific benefits under the terms of such coverage. The provisions of part A shall apply to health insurance issuers providing health insurance coverage in the individual market in a State as provided for in such part. To the extent that any provision of this part conflicts with a provision of part A with respect to health insurance issuers providing health insurance coverage in the individual market in a State, the provisions of such part A shall apply.

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