Page:United States Statutes at Large Volume 124.djvu/234

 124 STAT. 208 PUBLIC LAW 111–148—MAR. 23, 2010 (D) the issuer determines the premiums for the plan in any State on the basis of the rating rules in effect in that State for the rating areas in which it is offered; (E) the issuer offers the nationwide qualified health plan in at least 60 percent of the participating States in the first year in which the plan is offered, 65 percent of such States in the second year, 70 percent of such States in the third year, 75 percent of such States in the fourth year, and 80 percent of such States in the fifth and subsequent years; (F) the issuer shall offer the plan in participating States across the country, in all geographic regions, and in all States that have adopted adjusted community rating before the date of enactment of this Act; and (G) the issuer clearly notifies consumers that the policy may not contain some benefits otherwise mandated for plans in the State in which the purchaser resides and provides a detailed statement of the benefits offered and the benefit differences in that State, in accordance with rules promulgated by the Secretary. (4) FORM REVIEW FOR NATIONWIDE PLANS.—Notwith- standing any contrary provision of State law, at least 3 months before any nationwide qualified health plan is offered, the issuer shall file all nationwide qualified health plan forms with the regulator in each participating State in which the plan will be offered. An issuer may appeal the disapproval of a nationwide qualified health plan form to the Secretary. (5) APPLICABLE RULES.—The Secretary shall, in consulta- tion with the National Association of Insurance Commissioners, issue rules for the offering of nationwide qualified health plans under this subsection. Nationwide qualified health plans may be offered only after such rules have taken effect. (6) COVERAGE.—The Secretary shall provide that the health benefits coverage provided to an individual through a nation- wide qualified health plan under this subsection shall include at least the essential benefits package described in section 1302. (7) STATE LAW MANDATING BENEFIT COVERAGE BY A HEALTH BENEFITS PLAN.—For the purposes of this subsection, a State law mandating benefit coverage by a health plan is a law that mandates health insurance coverage or the offer of health insurance coverage for specific health services or specific dis- eases. A law that mandates health insurance coverage or reimbursement for services provided by certain classes of pro- viders of health care services, or a law that mandates that certain classes of individuals must be covered as a group or as dependents, is not a State law mandating benefit coverage by a health benefits plan. PART V—REINSURANCE AND RISK ADJUSTMENT SEC. 1341. TRANSITIONAL REINSURANCE PROGRAM FOR INDIVIDUAL AND SMALL GROUP MARKETS IN EACH STATE. (a) IN GENERAL.—Each State shall, not later than January 1, 2014— Deadline. 42 USC 18061. Deadline.