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42 U.S.C. § 300gg–16 — Prohibition on discrimination in favor of highly compensated individuals
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A group health plan (other than a self-insured plan) shall satisfy the requirements of [section 105(h)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section105/h/2&num=0&edition=prelim) (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 title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section105/h&num=0&edition=prelim) shall apply.
(2) **Highly compensated individual** — The term “highly compensated individual” has the meaning given such term by [section 105(h)(5) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section105/h/5&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300gg–16
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Stable record: federal_law:legal_authorities:record_usc_12ac02677ddbc7ee2e9f0d08
Source file: Laws/federal/codes/united-states-code/title-42/section-300gg16-prohibition-on-discrimination-in-favor-of-highly-compensated-individuals--2345bc4b47.md
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Source location: Title 42, Chapter 6A, § 300gg–16; chapter-6a-public-health-service.md
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**(a) In general** A group health plan (other than a self-insured plan) shall satisfy the requirements of [section 105(h)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section105/h/2&num=0&edition=prelim) (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 title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section105/h&num=0&edition=prelim) shall apply.
(2) **Highly compensated individual** — The term “highly compensated individual” has the meaning given such term by [section 105(h)(5) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section105/h/5&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as provided in subsection (b)—
(1) the provisions of part A of title XXVII of the Public Health Service Act [[42 U.S.C. 300gg](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg&num=0&edition=prelim) et seq.] (as amended by the Patient Protection and Affordable Care Act) shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart; and
(2) to the extent that any provision of this part conflicts with a provision of such part A with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such part A shall apply.
**(b) Exception** Notwithstanding subsection (a), the provisions of sections 2716 and 2718 of title XXVII of the Public Health Service Act [[42 U.S.C. 300gg–16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–16&num=0&edition=prelim), 300gg–18] (as amended by the Patient Protection and Affordable Care Act) shall not apply with respect to self-insured group health plans, and the provisions of this part shall continue to apply to such plans as if such sections of the Public Health Service Act (as so amended) had not been enacted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1185d
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