Page:United States Statutes at Large Volume 124.djvu/208

 124 STAT. 182 PUBLIC LAW 111–148—MAR. 23, 2010 SEC. 1312. CONSUMER CHOICE. (a) CHOICE.— (1) QUALIFIED INDIVIDUALS.—A qualified individual may enroll in any qualified health plan available to such individual. (2) QUALIFIED EMPLOYERS.— (A) EMPLOYER MAY SPECIFY LEVEL.—A qualified employer may provide support for coverage of employees under a qualified health plan by selecting any level of coverage under section 1302(d) to be made available to employees through an Exchange. (B) EMPLOYEE MAY CHOOSE PLANS WITHIN A LEVEL.— Each employee of a qualified employer that elects a level of coverage under subparagraph (A) may choose to enroll in a qualified health plan that offers coverage at that level. (b) PAYMENT OF PREMIUMS BY QUALIFIED INDIVIDUALS.—A qualified individual enrolled in any qualified health plan may pay any applicable premium owed by such individual to the health insurance issuer issuing such qualified health plan. (c) SINGLE RISK POOL.— (1) INDIVIDUAL MARKET.—A health insurance issuer shall consider all enrollees in all health plans (other than grand- fathered health plans) offered by such issuer in the individual market, including those enrollees who do not enroll in such plans through the Exchange, to be members of a single risk pool. (2) SMALL GROUP MARKET.—A health insurance issuer shall consider all enrollees in all health plans (other than grand- fathered health plans) offered by such issuer in the small group market, including those enrollees who do not enroll in such plans through the Exchange, to be members of a single risk pool. (3) MERGER OF MARKETS.—A State may require the indi- vidual and small group insurance markets within a State to be merged if the State determines appropriate. (4) STATE LAW.—A State law requiring grandfathered health plans to be included in a pool described in paragraph (1) or (2) shall not apply. (d) EMPOWERING CONSUMER CHOICE.— (1) CONTINUED OPERATION OF MARKET OUTSIDE EXCHANGES.—Nothing in this title shall be construed to pro- hibit— (A) a health insurance issuer from offering outside of an Exchange a health plan to a qualified individual or qualified employer; and (B) a qualified individual from enrolling in, or a quali- fied employer from selecting for its employees, a health plan offered outside of an Exchange. (2) CONTINUED OPERATION OF STATE BENEFIT REQUIRE- MENTS.—Nothing in this title shall be construed to terminate, abridge, or limit the operation of any requirement under State law with respect to any policy or plan that is offered outside of an Exchange to offer benefits. (3) VOLUNTARY NATURE OF AN EXCHANGE.— (A) CHOICE TO ENROLL OR NOT TO ENROLL.—Nothing in this title shall be construed to restrict the choice of 42 USC 18032.