Page:United States Statutes at Large Volume 111 Part 1.djvu/382

 Ill STAT. 358 PUBLIC LAW 105-33—AUG. 5, 1997 42 USC 1395SS note. Regulations. (1) GUARANTEED ISSUE.—The amendment made by subsection (a) shall take effect on July 1, 1998. (2) LIMIT ON PREEXISTING CONDITION EXCLUSIONS.— The amendment made by subsection (b) shall apply to policies issued on or after July 1, 1998. (3) CONFORMING AMENDMENT. —The amendment made by subsection (c) shall be effective as if included in the enactment of the Health Insurance Portability and Accountability Act of 1996. (e) TRANSITION PROVISIONS.— (1) IN GENERAL. — If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliaoice with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the/date specified in paragraph (4). (2) NAIC STANDARDS.— If,/Within 9 months after the date of the enactment of this Act,^e National Association of Insurance Commissioners (in this subsection referred to as the "NAIC") modifies its NAIC Model Regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 (Public Law 103-432) and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC Model Regulation) for the purposes of such section. (3) SECRETARY STANDARDS. —If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate Regulation for the purposes of such section. (4) DATE SPECIFIED. — (A) IN GENERAL.— Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of— (i) the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or (ii) 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. (B) ADDITIONAL LEGISLATIVE ACTION REQUIRED.— In the case of a State which the Secretary identifies as— (i) requiring State legislation (other than legislation appropriating funds) to conform its regulatory program to the changes made in this section, but

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