Page:United States Statutes at Large Volume 110 Part 3.djvu/350

 110 STAT. 2080 PUBLIC LAW 104-191—AUG. 21, 1996 agreement requiring or authorizing contributions to the plan, or to employ employees covered by such an agreement. "(b) MULTIPLE EMPLOYER WELFARE ARRANGEMENT.—For purposes of subsection (a), the term 'multiple employer welfare arrangement' has the meaning given such term by section 3(40) of the Employee Retirement Income Security Act of 1974, as in effect on the date of the enactment of this section. "SEC. 9804. GENERAL EXCEPTIONS. "(a) EXCEPTION FOR CERTAIN PLANS. —The requirements of this chapter shall not apply to— "(1) any governmental plan, and "(2) any group health plan for any plan year if, on the first day of such plan year, such plan has less than 2 participants who are current employees. "(b) EXCEPTION FOR CERTAIN BENEFITS.— The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9805(c)(1). " (c) EXCEPTION FOR CERTAIN BENEFITS IF CERTAIN CONDITIONS MET. — "(1) LIMITED, EXCEPTED BENEFITS. —The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9805(c)(2) if the benefits— "(A) are provided under a separate policy, certificate, or contract of insurance; or "(B) are otherwise not an integral part of the plan. "(2) NONCOORDINATED, EXCEPTED BENEFITS. —The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9805(c)(3) if all of the following conditions are met: "(A) The benefits are provided under a separate policy, certificate, or contract of insurance. "(B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor. (C) Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor. " (3) SUPPLEMENTAL EXCEPTED BENEFITS. —The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9805(c)(4) if the benefits are provided under a separate policy, certificate, or contract of insurance. " SEC. 9805. DEFINITIONS. "(a) GROUP HEALTH PLAN. —For purposes of this chapter, the term 'group health plan' has the meaning given to such term by section 5000(b)(1). "(b) DEFINITIONS RELATING TO HEALTH INSURANCE.— For purposes of this chapter— " (1) HEALTH INSURANCE COVERAGE. — "(A) IN GENERAL.— Except as provided in subparagraph (B), the term health insurance coverage' means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise) under any hospital or medical service policy or certificate, hospital or medical

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