§ 1191. Preemption; State flexibility; construction
(a)
Continued applicability of State law with respect to health insurance issuers
(1)
In general
Subject to paragraph (2) and except as provided in subsection (b) of this section, this part shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage except to the extent that such standard or requirement prevents the application of a requirement of this part.
(2)
Continued preemption with respect to group health plans
Nothing in this part shall be construed to affect or modify the provisions of section
1144 of this title with respect to group health plans.
(b)
Special rules in case of portability requirements
(1)
In general
Subject to paragraph (2), the provisions of this part relating to health insurance coverage offered by a health insurance issuer supersede any provision of State law which establishes, implements, or continues in effect a standard or requirement applicable to imposition of a preexisting condition exclusion specifically governed by section
1181 of this title which differs from the standards or requirements specified in such section.
(2)
Exceptions
Only in relation to health insurance coverage offered by a health insurance issuer, the provisions of this part do not supersede any provision of State law to the extent that such provision—
(A)
substitutes for the reference to “6-month period” in section
1181
(a)(1) of this title a reference to any shorter period of time;
(B)
substitutes for the reference to “12 months” and “18 months” in section
1181
(a)(2) of this title a reference to any shorter period of time;
(C)
substitutes for the references to “63 days” in sections
1181
(c)(2)(A) and (d)(4)(A) of this title a reference to any greater number of days;
(D)
substitutes for the reference to “30-day period” in sections
1181
(b)(2) and (d)(1) of this title a reference to any greater period;
(E)
prohibits the imposition of any preexisting condition exclusion in cases not described in section
1181
(d) of this title or expands the exceptions described in such section;
(c)
Rules of construction
Except as provided in section
1185 of this title, nothing in this part shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such plan or coverage.
(d)
Definitions
For purposes of this section—