26 U.S.C. § 9834 — Enforcement

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 subsecs. (b)(2) and (d)(1)(B), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 832. Section 514(b)(2) of the Act is classified to section 1144(b)(2) of Title 29, Labor. Section 609 of the Act is classified to section 1169 of Title 29. Part 6 of subtitle B of title I of the Act is classified generally to part 6 (§ 1161 et seq.) of subtitle B of subchapter I of chapter 18 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 104–191, which was approved Aug. 21, 1996. Section 1882(g)(1) of the Social Security Act, referred to in subsec. (c)(4), is classified to section 1395ss(g)(1) of Title 42, The Public Health and Welfare. The Public Health Service Act, referred to in subsec. (d)(1)(C), is act July 1, 1944, ch. 373, 58 Stat. 682. Title XXII of the Act is classified generally to subchapter XX (§ 300bb–1 et seq.) of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. AMENDMENTS 2008—Subsec. (d)(6) to (10). Pub. L. 110–233 added pars. (6) to (10). 1997—Pub. L. 105–34 renumbered section 9805 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–233 applicable with re- spect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 103(f)(2) of Pub. L. 110–233, set out as a note under section 9802 of this title. EFFECTIVE DATE Section applicable to plan years beginning after June 30, 1997, see section 401(c) of Pub. L. 104–191, set out as a note under section 9801 of this title. § 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. (Added Pub. L. 104–191, title IV, § 401(a), Aug. 21, 1996, 110 Stat. 2082; § 9806; renumbered § 9833, Pub. L. 105–34, title XV, § 1531(a)(2), Aug. 5, 1997, 111 Stat. 1081.) Editorial Notes REFERENCES IN TEXT Section 104 of the Health Care Portability and Ac- countability Act of 1996, referred to in text, is section 104 of Pub. L. 104–191, which is set out as a note under section 300gg–92 of Title 42, The Public Health and Wel- fare. AMENDMENTS 1997—Pub. L. 105–34 renumbered section 9806 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to plan years beginning after June 30, 1997, see section 401(c) of Pub. L. 104–191, set out as a note under section 9801 of this title. § 9834. Enforcement For the imposition of tax on any failure of a group health plan to meet the requirements of this chap- ter, see section 4980D. (Added Pub. L. 110–233, title I, § 103(e)(1), May 21, 2008, 122 Stat. 899.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 103(f)(2) of Pub. L. 110–233, set out as an Effective Date of 2008 Amendment note under section 9802 of this title.