42 U.S.C. § 18003 — Immediate information that allows con-

Page 9091 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18003 gram under this section. Such funds shall be available without fiscal year limitation. (f) Limitation The Secretary has the authority to stop tak- ing applications for participation in the pro- gram based on the availability of funding under subsection (e). (Pub. L. 111–148, title I, § 1102, title X, § 10102(a), Mar. 23, 2010, 124 Stat. 143, 892.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of this title. For com- plete classification of this Act to the Code, see section 1305 of this title and Tables. AMENDMENTS 2010—Subsec. (a)(2)(B). Pub. L. 111–148, § 10102(a)(1), substituted ‘‘group benefits plan providing health bene- fits’’ for ‘‘group health benefits plan’’ in introductory provisions. Subsec. (a)(2)(B)(i)(I). Pub. L. 111–148, § 10102(a)(2), in- serted ‘‘or any agency or instrumentality of any of the foregoing’’ after ‘‘political subdivision thereof’’. § 18003. Immediate information that allows con- sumers to identify affordable coverage op- tions (a) Internet portal to affordable coverage options (1) Immediate establishment Not later than July 1, 2010, the Secretary, in consultation with the States, shall establish a mechanism, including an Internet website, through which a resident of, or small business in, any State may identify affordable health insurance coverage options in that State. (2) Connecting to affordable coverage An Internet website established under para- graph (1) shall, to the extent practicable, pro- vide ways for residents of, and small busi- nesses in, any State to receive information on at least the following coverage options: (A) Health insurance coverage offered by health insurance issuers, other than cov- erage that provides reimbursement only for the treatment or mitigation of— (i) a single disease or condition; or (ii) an unreasonably limited set of dis- eases or conditions (as determined by the Secretary). (B) Medicaid coverage under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. (C) Coverage under title XXI of the Social Security Act [42 U.S.C. 1397aa et seq.]. (D) A State health benefits high risk pool, to the extent that such high risk pool is of- fered in such State; and (E) Coverage under a high risk pool under section 18001 of this title. (F) Coverage within the small group mar- ket for small businesses and their employ- ees, including reinsurance for early retirees under section 18002 of this title, tax credits available under section 45R of title 26 (as added by section 1421), and other informa- tion specifically for small businesses regard- ing affordable health care options. (b) Enhancing comparative purchasing options (1) In general Not later than 60 days after March 23, 2010, the Secretary shall develop a standardized for- mat to be used for the presentation of infor- mation relating to the coverage options de- scribed in subsection (a)(2). Such format shall, at a minimum, require the inclusion of infor- mation on the percentage of total premium revenue expended on nonclinical costs (as re- ported under section 300gg–18(a) of this title), eligibility, availability, premium rates, and cost sharing with respect to such coverage op- tions and be consistent with the standards adopted for the uniform explanation of cov- erage as provided for in section 300gg–15 of this title. (2) Use of format The Secretary shall utilize the format devel- oped under paragraph (1) in compiling infor- mation concerning coverage options on the Internet website established under subsection (a). (c) Authority to contract The Secretary may carry out this section through contracts entered into with qualified entities. (Pub. L. 111–148, title I, § 1103, title X, § 10102(b), Mar. 23, 2010, 124 Stat. 146, 892.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2)(B), (C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Ti- tles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For com- plete classification of this Act to the Code, see section 1305 of this title and Tables. Section 1421, referred to in subsec. (a)(2)(F), means section 1421 of Pub. L. 111–148. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–148, § 10102(b)(1), which directed insertion of ‘‘, or small business in,’’ after ‘‘residents of any’’, was executed by making the insertion after ‘‘resident of’’ to reflect the probable in- tent of Congress. Subsec. (a)(2). Pub. L. 111–148, § 10102(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘An Internet website established under paragraph (1) shall, to the extent practicable, provide ways for resi- dents of any State to receive information on at least the following coverage options: ‘‘(A) Health insurance coverage offered by health insurance issuers, other than coverage that provides reimbursement only for the treatment or mitigation of— ‘‘(i) a single disease or condition; or ‘‘(ii) an unreasonably limited set of diseases or conditions (as determined by the Secretary); ‘‘(B) Medicaid coverage under title XIX of the So- cial Security Act. ‘‘(C) Coverage under title XXI of the Social Secu- rity Act. ‘‘(D) A State health benefits high risk pool, to the extent that such high risk pool is offered in such State; and Page 9092 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18011 1 See References in Text note below. ‘‘(E) Coverage under a high risk pool under section 18001 of this title.’’ SUBCHAPTER II—OTHER PROVISIONS § 18011. Preservation of right to maintain exist- ing coverage (a) No changes to existing coverage (1) In general Nothing in this Act (or an amendment made by this Act) shall be construed to require that an individual terminate coverage under a group health plan or health insurance cov- erage in which such individual was enrolled on March 23, 2010. (2) Continuation of coverage Except as provided in paragraph (3), with re- spect to a group health plan or health insur- ance coverage in which an individual was en- rolled on March 23, 2010, this subtitle and sub- title A (and the amendments made by such subtitles) shall not apply to such plan or cov- erage, regardless of whether the individual re- news such coverage after March 23, 2010. (3) Application of certain provisions The provisions of sections 2715 [42 U.S.C. 300gg–15] and 2718 [42 U.S.C. 300gg–18] of the Public Health Service Act (as added by sub- title A) shall apply to grandfathered health plans for plan years beginning on or after March 23, 2010. (4) Application of certain provisions (A) In general The following provisions of the Public Health Service Act [42 U.S.C. 201 et seq.] (as added by this title) 1 shall apply to grand- fathered health plans for plan years begin- ning with the first plan year to which such provisions would otherwise apply: (i) Section 2708 [42 U.S.C. 300gg–7] (relat- ing to excessive waiting periods). (ii) Those provisions of section 2711 [42 U.S.C. 300gg–11] relating to lifetime limits. (iii) Section 2712 [42 U.S.C. 300gg–12] (re- lating to rescissions). (iv) Section 2714 [42 U.S.C. 300gg–14] (re- lating to extension of dependent coverage). (B) Provisions applicable only to group health plans (i) Provisions described Those provisions of section 2711 [42 U.S.C. 300gg–11] relating to annual limits and the provisions of section 2704 [42 U.S.C. 300gg–3] (relating to pre-existing condition exclusions) of the Public Health Service Act (as added by this subtitle) shall apply to grandfathered health plans that are group health plans for plan years begin- ning with the first plan year to which such provisions otherwise apply. (ii) Adult child coverage For plan years beginning before January 1, 2014, the provisions of section 2714 of the Public Health Service Act [42 U.S.C. 300gg–14] (as added by this subtitle) shall apply in the case of an adult child with re- spect to a grandfathered health plan that is a group health plan only if such adult child is not eligible to enroll in an eligible employer-sponsored health plan (as defined in section 5000A(f)(2) of title 26) other than such grandfathered health plan. (5) Application of additional provisions Sections 300gg–111, 300gg–112, and 300gg–117 of this title shall apply to grandfathered health plans for plan years beginning on or after January 1, 2022. (b) Allowance for family members to join current coverage With respect to a group health plan or health insurance coverage in which an individual was enrolled on March 23, 2010, and which is renewed after such date, family members of such indi- vidual shall be permitted to enroll in such plan or coverage if such enrollment is permitted under the terms of the plan in effect as of March 23, 2010. (c) Allowance for new employees to join current plan A group health plan that provides coverage on March 23, 2010, may provide for the enrolling of new employees (and their families) in such plan, and this subtitle and subtitle A (and the amend- ments made by such subtitles) shall not apply with respect to such plan and such new employ- ees (and their families). (d) Effect on collective bargaining agreements In the case of health insurance coverage main- tained pursuant to one or more collective bar- gaining agreements between employee rep- resentatives and one or more employers that was ratified before March 23, 2010, the provisions of this subtitle and subtitle A (and the amend- ments made by such subtitles) shall not apply until the date on which the last of the collective bargaining agreements relating to the coverage terminates. Any coverage amendment made pur- suant to a collective bargaining agreement re- lating to the coverage which amends the cov- erage solely to conform to any requirement added by this subtitle or subtitle A (or amend- ments) shall not be treated as a termination of such collective bargaining agreement. (e) Definition In this title,1 the term ‘‘grandfathered health plan’’ means any group health plan or health in- surance coverage to which this section applies. (Pub. L. 111–148, title I, § 1251, title X, § 10103(d), Mar. 23, 2010, 124 Stat. 161, 895; Pub. L. 111–152, title II, § 2301(a), Mar. 30, 2010, 124 Stat. 1081; Pub. L. 116–260, div. BB, title I, § 102(d)(2), Dec. 27, 2020, 134 Stat. 2797.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Pa- tient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. This subtitle, referred to in subsecs. (a)(2), (4)(B), (c), and (d), is subtitle C (§§ 1201–1255) of title I of Pub. L.