Page:United States Statutes at Large Volume 124.djvu/182

 124 STAT. 156 PUBLIC LAW 111–148—MAR. 23, 2010 of the Patient Protection and Affordable Care Act), the provi- sions of this subsection shall apply to all coverage offered in such market in the State. ‘‘SEC. 2702. GUARANTEED AVAILABILITY OF COVERAGE. ‘‘(a) GUARANTEED ISSUANCE OF COVERAGE IN THE INDIVIDUAL AND GROUP MARKET.—Subject to subsections (b) through (e), each health insurance issuer that offers health insurance coverage in the individual or group market in a State must accept every employer and individual in the State that applies for such coverage. ‘‘(b) ENROLLMENT.— ‘‘(1) RESTRICTION.—A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. ‘‘(2) ESTABLISHMENT.—A health insurance issuer described in subsection (a) shall, in accordance with the regulations promulgated under paragraph (3), establish special enrollment periods for qualifying events (under section 603 of the Employee Retirement Income Security Act of 1974). ‘‘(3) REGULATIONS.—The Secretary shall promulgate regula- tions with respect to enrollment periods under paragraphs (1) and (2). ‘‘SEC. 2703. GUARANTEED RENEWABILITY OF COVERAGE. ‘‘(a) IN GENERAL.—Except as provided in this section, if a health insurance issuer offers health insurance coverage in the individual or group market, the issuer must renew or continue in force such coverage at the option of the plan sponsor or the individual, as applicable. ‘‘SEC. 2705. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS. ‘‘(a) IN GENERAL.—A group health plan and a health insurance issuer offering group or individual health insurance coverage may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan or coverage based on any of the following health status-related factors in rela- tion to the individual or a dependent of the individual: ‘‘(1) Health status. ‘‘(2) Medical condition (including both physical and mental illnesses). ‘‘(3) Claims experience. ‘‘(4) Receipt of health care. ‘‘(5) Medical history. ‘‘(6) Genetic information. ‘‘(7) Evidence of insurability (including conditions arising out of acts of domestic violence). ‘‘(8) Disability. ‘‘(9) Any other health status-related factor determined appropriate by the Secretary. ‘‘(j) PROGRAMS OF HEALTH PROMOTION OR DISEASE PREVEN- TION.— ‘‘(1) GENERAL PROVISIONS.— ‘‘(A) GENERAL RULE.—For purposes of subsection (b)(2)(B), a program of health promotion or disease preven- tion (referred to in this subsection as a ‘wellness program’) shall be a program offered by an employer that is designed 42 USC 300gg–4. 42 USC 300gg–2. 42 USC 300gg–1.