Page:United States Statutes at Large Volume 110 Part 3.djvu/343

 PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 2073 TITLE IV—APPLICATION AND ENFORCE- MENT OF GROUP HEALTH PLAN REQUIREMENTS Subtitle A—Application and Enforcement of Group Health Plan Requirements SEC. 401. GROUP HEALTH PLAN PORTABmiTY, ACCESS, AND RENEW- ABILITY REQUIREMENTS. (a) IN GENERAL. — The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: "Subtitle K—Group Health Plan Portability, Access, and Renewability Requirements "Chapter 100. Group health plan portability, access, and renewability requirements. " CHAPTER 100—GROUP HEALTH PLAN PORTABILITY, ACCESS, AND RENEWABILITY REQUIREMENTS "Sec. 9801. Increased portability through limitation on preexisting condition exclusions. "Sec. 9802. Prohibiting discrimination against individual participants and beneficiaries based on health status. "Sec. 9803. Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements. "Sec. 9804. General exceptions. "Sec. 9805. Definitions. "Sec. 9806. Regulations. "SEC. 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

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