Brief Case

ERISA § 733 (29 U.S.C. § 1191b)

Definitions
USC 1996 ed., current through 1997-01-06 · superseded Jan 5, 2009 · last amended by Pub. L. 104-204
Back to current
Historical text in effect Jan 6, 1997 through Jan 4, 2009. View current · Compare with current
(a) Group health plan For purposes of this part—
(1) In general The term “group health plan” means an employee welfare benefit plan to the extent that the plan provides medical care (as defined in paragraph (2) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise.
(2) Medical care The term “medical care” means amounts paid for—
(A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body,
(B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and
(C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).
(b) Definitions relating to health insurance For purposes of this part—
(1) Health insurance coverage The term “health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.
(2) Health insurance issuer The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 1144(b)(2) of this title). Such term does not include a group health plan.
(3) Health maintenance organization The term “health maintenance organization” means—
(A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))),
(B) an organization recognized under State law as a health maintenance organization, or
(C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization.
(4) Group health insurance coverage The term “group health insurance coverage” means, in connection with a group health plan, health insurance coverage offered in connection with such plan.
(c) Excepted benefits For purposes of this part, the term “excepted benefits” means benefits under one or more (or any combination thereof) of the following:
(1) Benefits not subject to requirements
(A) Coverage only for accident, or disability income insurance, or any combination thereof.
(B) Coverage issued as a supplement to liability insurance.
(C) Liability insurance, including general liability insurance and automobile liability insurance.
(D) Workers’ compensation or similar insurance.
(E) Automobile medical payment insurance.
(F) Credit-only insurance.
(G) Coverage for on-site medical clinics.
(H) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.
(2) Benefits not subject to requirements if offered separately
(A) Limited scope dental or vision benefits.
(B) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.
(C) Such other similar, limited benefits as are specified in regulations.
(3) Benefits not subject to requirements if offered as independent, noncoordinated benefits
(A) Coverage only for a specified disease or illness.
(B) Hospital indemnity or other fixed indemnity insurance.
(4) Benefits not subject to requirements if offered as separate insurance policy Medicare supplemental health insurance (as defined under section 1395ss(g)(1) of title 42), coverage supplemental to the coverage provided under chapter 55 of title 10, and similar supplemental coverage provided to coverage under a group health plan.
(d) Other definitions For purposes of this part—
(1) COBRA continuation provision The term “COBRA continuation provision” means any of the following:
(A) Part 6 of this subtitle.
(B) Section 4980B of title 26, other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines.
(C) Title XXII of the Public Health Service Act [42 U.S.C. 300bb–1 et seq.].
(2) Health status-related factor The term “health status-related factor” means any of the factors described in section 1182(a)(1) of this title.
(3) Network plan The term “network plan” means health insurance coverage offered by a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer.
(4) Placed for adoption The term “placement”, or being “placed”, for adoption, has the meaning given such term in section 1169(c)(3)(B) of this title.
Source credit, amendments & notes

(Pub. L. 93–406, title I, §733, formerly §706, as added Pub. L. 104–191, title I, §101(a), Aug. 21, 1996, 110 Stat. 1949; renumbered §733, Pub. L. 104–204, title VI, §603(a)(3), Sept. 26, 1996, 110 Stat. 2935.)

References in Text

The Public Health Service Act, referred to in subsec. (d)(1)(C), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title XXII of the Act is classified generally to subchapter XX (§300bb–1 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

Effective Date

Section applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title.

ERISA § 733 (29 U.S.C. § 1191b) — Definitions · USC 1996 ed., current through 1997-01-06 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1191b&asof=1997-01-06 · printed Oct 16, 2026
On this page
  • (a) Group health plan
  • (b) Definitions relating to health insurance
  • (c) Excepted benefits
  • (d) Other definitions
Cited by (code & regs)

No regulations are linked to this section in the library.

Guidance addressing this section
Department of Labor (EBSA)
Proposed Rules
  • 91 FR 46602Proposed Jul 23, 2026 — Electronic Disclosure by Group Health Plans Under ERISA Comments due Sep 21, 2026 (a)(1)(a)(2)
Final Rules
Technical Releases
IRS / Treasury
Proposed Rules
Also cited in 32 other documents
Department of Labor (EBSA)
Proposed Rules
Final Rules
  • 83 FR 28912 Jun 21, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans (a)(1)(b)(2)
  • 78 FR 13797 Mar 1, 2013 — Ex Parte Cease and Desist and Summary Seizure Orders-Multiple Employer Welfare Arrangements (b)(1)
Technical Releases
IRS / Treasury
Notices
  • Notice 2024-35 May 6, 2024 — This notice provides relief with respect to certain required minimum distributions (RMDs) that are not made in 2024. This relief was provided with respect to c… (a)(1)(b)(4)(c)(c)(1)(c)(2)(c)(4)
  • Notice 2021-31 Jun 7, 2021 — This notice provides guidance on issues relating to the application of § 9501 of the American Rescue Plan Act of 2021 (the ARP), which provides temporary premi… (c)
Final Rules
Proposed Rules
  • 88 FR 44596Proposed Jul 12, 2023 — Short-Term, Limited-Duration Insurance; Independent, Noncoordinated Excepted Benefits Coverage; Level-Funded Plan Arrangements; and Tax Treatment of Certain Ac… Comments due Sep 11, 2023 (a)(1)(b)(4)(c)(c)(1)(c)(2)(c)(3)
  • 86 FR 51730Proposed Sep 16, 2021 — Requirements Related to Air Ambulance Services, Agent and Broker Disclosures, and Provider Enforcement Comments due Oct 18, 2021
  • 84 FR 65464Proposed Nov 27, 2019 — Transparency in Coverage Comments due Jan 14, 2020
  • 83 FR 54420Proposed Oct 29, 2018 — Health Reimbursement Arrangements and Other Account-Based Group Health Plans Comments due Dec 28, 2018 (a)(1)(b)(4)(c)(c)(2)(c)(2)(C)
  • 83 FR 7437Proposed Feb 21, 2018 — Short-Term, Limited-Duration Insurance Comments due Apr 23, 2018 (a)(1)(b)(4)(c)
  • 81 FR 38020Proposed Jun 10, 2016 — Expatriate Health Plans, Expatriate Health Plan Issuers, and Qualified Expatriates; Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Dura… Comments due Aug 9, 2016 (b)(b)(2)(c)(c)(1)(c)(1)(H)(c)(2)(C)
  • 79 FR 76931Proposed Dec 23, 2014 — Amendments to Excepted Benefits Comments due Jan 22, 2015 (c)(2)(C)
  • 78 FR 77632Proposed Dec 24, 2013 — Amendments to Excepted Benefits Comments due Feb 24, 2014 (c)(2)(C)
Treasury Decisions
  • T.D. 9958 Dec 6, 2021 — This document sets forth temporary regulations implementing certain transparency requirements under section 204 of Division BB of Title II of the Consolidated … (c)
  • T.D. 9744 Dec 7, 2015 — This document contains final regulations concerning Public Health Services Act sections which are incorporated into section 9815 of the Internal Revenue Code b… (a)(c)
  • T.D. 9166 Feb 22, 2005 — Final regulations under section 9801 of the Code provide guidance on the Health Insurance Portability and Accountability Act of 1996 (HIPAA) portability requir… (c)(2)(C)

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jan 6, 1997Jan 4, 2009USC 1996 ed., current through 1997-01-06 run 58Pub. L. 104-204View
Jan 5, 2009Jan 5, 2017USC 2013 ed., current through 2014-01-16 run 13Pub. L. 110-233View · Redline (sign in)
Jan 6, 2017currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 114-255View · Redline (sign in)
Provision-level history (blame)