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26 U.S.C. § 9833 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9833 — Regulations

The Secretary, consistent with section 104 of the Health Care Portability and Accountability Act of 1996, may promulgate such regulations as may be necessary or appropriate to carry out the provisions of this chapter. The Secretary may promulgate any interim final rules as the Secretary determines are appropriate to carry out this chapter.

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Source location: Title 26, Chapter 100, § 9833; chapter-100-group-health-plan-requirements.md

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9801 — Increased portability through limitation on preexisting condition exclusions

**(a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage** Subject to subsection (d), a group health plan may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if— (1) such exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date; (2) such exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date; and (3) the period of any such preexisting condition exclusion is reduced by the length of the aggregate of the periods of creditable coverage (if any) applicable to the participant or beneficiary as of the enrollment date. **(b) Definitions** For purposes of this section— (1) **Preexisting condition exclusion** (A) *In general* — The term “preexisting condition exclusion” means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. (B) *Treatment of genetic information* — For purposes of this section, genetic information shall not be treated as a condition described in subsection (a)(1) in the absence of a diagnosis of the condition related to such information. (2) **Enrollment date** — The term “enrollment date” means, with respect to an individual covered under a group health plan, the date of enrollment of the individual in the plan or, if earlier, the first day of the waiting per

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9806 — Renumbered § 9833]

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42 U.S.C. § 300gg–92 — Regulations

The Secretary, consistent with section 104 of the Health Care Portability and Accountability Act of 1996, may promulgate such regulations as may be necessary or appropriate to carry out the provisions of this subchapter. The Secretary may promulgate any interim final rules as the Secretary determines are appropriate to carry out this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9833 — Regulations

Page 4213 TITLE 26—INTERNAL REVENUE CODE § 9834 teins, or metabolites, that detects genotypes, mutations, or chromosomal changes. (B) Exceptions The term ‘‘genetic test’’ does not mean— (i) an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes, or (ii) an analysis of proteins or metabo- lites that is directly related to a mani- fested disease, disorder, or pathological condition that could reasonably be de- tected by a health care professional with appropriate training and expertise in the field of medicine involved. (9) Genetic services The term ‘‘genetic services’’ means— (A) a genetic test; (B) genetic counseling (including obtain- ing, interpreting, or assessing genetic infor- mation); or (C) genetic education. (10) Underwriting purposes The term ‘‘underwriting purposes’’ means, with respect to any group health plan, or health insurance coverage offered in connec- tion with a group health plan— (A) rules for, or determination of, eligi- bility (including enrollment and continued eligibility) for benefits under the plan or coverage; (B) the computation of premium or con- tribution amounts under the plan or cov- erage; (C) the application of any pre-existing con- dition exclusion under the plan or coverage; and (D) other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits. (Added Pub. L. 104–191, title IV, § 401(a), Aug. 21, 1996, 110 Stat. 2080, § 9805; renumbered § 9832, Pub. L. 105–34, title XV, § 1531(a)(2), Aug. 5, 1997, 111 Stat. 1081; amended Pub. L. 110–233, title I, § 103(d), May 21, 2008, 122 Stat. 898.) Editorial Notes REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in su

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