Page:United States Statutes at Large Volume 124.djvu/186

 124 STAT. 160 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(I) do not create undue burdens for individ- uals insured in the individual market; ‘‘(II) do not lead to cost shifting; and ‘‘(III) are not a subterfuge for discrimination; ‘‘(iv) shall ensure that consumer data is protected in accordance with the requirements of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note); and ‘‘(v) shall ensure and demonstrate to the satisfac- tion of the Secretary that the discounts or other rewards provided under the project reflect the expected level of participation in the wellness program involved and the anticipated effect the program will have on utilization or medical claim costs. ‘‘(m) REPORT.— ‘‘(1) IN GENERAL.—Not later than 3 years after the date of enactment of the Patient Protection and Affordable Care Act, the Secretary, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall submit a report to the appropriate committees of Congress concerning— ‘‘(A) the effectiveness of wellness programs (as defined in subsection (j)) in promoting health and preventing dis- ease; ‘‘(B) the impact of such wellness programs on the access to care and affordability of coverage for participants and non-participants of such programs; ‘‘(C) the impact of premium-based and cost-sharing incentives on participant behavior and the role of such programs in changing behavior; and ‘‘(D) the effectiveness of different types of rewards. ‘‘(2) DATA COLLECTION.—In preparing the report described in paragraph (1), the Secretaries shall gather relevant informa- tion from employers who provide employees with access to wellness programs, including State and Federal agencies. ‘‘(n) REGULATIONS.—Nothing in this section shall be construed as prohibiting the Secretaries of Labor, Health and Human Services, or the Treasury from promulgating regulations in connection with this section. ‘‘SEC. 2706. NON-DISCRIMINATION IN HEALTH CARE. ‘‘(a) PROVIDERS.—A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider’s license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions for participation estab- lished by the plan or issuer. Nothing in this section shall be con- strued as preventing a group health plan, a health insurance issuer, or the Secretary from establishing varying reimbursement rates based on quality or performance measures. ‘‘(b) INDIVIDUALS.—The provisions of section 1558 of the Patient Protection and Affordable Care Act (relating to non-discrimination) shall apply with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage. Applicability. 42 USC 300gg–5.