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Pension Resource

ERISA § 715 (29 U.S.C. § 1185d)

Additional market reforms
USC 2024 ed., current through 2025-01-06 · current · last amended by Pub. L. 111-148
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(a) General rule Except as provided in subsection (b)—
(1) the provisions of part A of title XXVII of the Public Health Service Act [42 U.S.C. 300gg et seq.] (as amended by the Patient Protection and Affordable Care Act) shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart; and
(2) to the extent that any provision of this part conflicts with a provision of such part A with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such part A shall apply.
(b) Exception Notwithstanding subsection (a), the provisions of sections 2716 and 2718 of title XXVII of the Public Health Service Act [42 U.S.C. 300gg–16, 300gg–18] (as amended by the Patient Protection and Affordable Care Act) shall not apply with respect to self-insured group health plans, and the provisions of this part shall continue to apply to such plans as if such sections of the Public Health Service Act (as so amended) had not been enacted.
Source credit, amendments & notes

(Pub. L. 93–406, title I, §715, as added Pub. L. 111–148, title I, §1563(e), formerly §1562(e), title X, §10107(b)(1), Mar. 23, 2010, 124 Stat. 270, 911.)

Editorial Notes
References in Text

The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title XXVII of the Act is classified generally to part A (§300gg et seq.) of subchapter XXV 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.

The Patient Protection and Affordable Care Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of Title 42, The Public Health and Welfare, and Tables.

Codification

Pub. L. 111–148, which directed amendment of subpart B of part 7 of "subtitle A" of title I of the Employee Retirement Income Security Act of 1974 by adding this section at the end, was executed by adding this section at the end of this subpart, which is subpart B of part 7 of subtitle B of title I of the Act, to reflect the probable intent of Congress.

ERISA § 715 (29 U.S.C. § 1185d) — Additional market reforms · USC 2024 ed., current through 2025-01-06 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1185d · printed Oct 16, 2026
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Cited by (code & regs)

No regulations are linked to this section in the library.

Guidance addressing this section
IRS / Treasury
Final Rules
  • 80 FR 13995 Mar 18, 2015 — Amendments to Excepted Benefits (a)(1)
  • 76 FR 46621 Aug 3, 2011 — Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act (a)(1)
  • 75 FR 34538 Jun 17, 2010 — Interim Final Rules for Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient Protection and Aff… (a)(1)(a)(2)
Proposed Rules
  • 79 FR 76931Proposed Dec 23, 2014 — Amendments to Excepted Benefits Comments due Jan 22, 2015 (a)(1)
  • 78 FR 77632Proposed Dec 24, 2013 — Amendments to Excepted Benefits Comments due Feb 24, 2014 (a)(1)
Department of Labor (EBSA)
Technical Releases
Also cited in 64 other documents
Department of Labor (EBSA)
Proposed Rules
  • 91 FR 4348Proposed Jan 30, 2026 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure Comments due Mar 31, 2026
  • 83 FR 614Proposed Jan 5, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans Comments due Mar 6, 2018 (a)(1)
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016 (a)(1)
  • 81 FR 47496Proposed Jul 21, 2016 — Annual Reporting and Disclosure Comments due Oct 4, 2016 (a)(1)
  • 80 FR 72014Proposed Nov 18, 2015 — Claims Procedure for Plans Providing Disability Benefits Comments due Jan 19, 2016 (a)(1)
  • 76 FR 76222Proposed Dec 6, 2011 — Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities Comments due Mar 5, 2012 (a)(1)
  • 75 FR 70160Proposed Nov 17, 2010 — Affordable Care Act; Federal External Review Process; Request for Information Comments due Dec 8, 2010 (a)(1)
Final Rules
  • 85 FR 2292 Jan 15, 2020 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020
  • 84 FR 213 Jan 23, 2019 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019
  • 83 FR 28912 Jun 21, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans (a)(2)
  • 82 FR 55507 Nov 22, 2017 — Extension of Certain Time Frames for Employee Benefit Plans, Participants, and Beneficiaries Affected by Hurricane Maria
  • 82 FR 5373 Jan 18, 2017 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017
  • 81 FR 43430 Jul 1, 2016 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments
  • 78 FR 13781 Mar 1, 2013 — Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities
Technical Releases
IRS / Treasury
Proposed Rules
  • 90 FR 60432Proposed Dec 23, 2025 — Transparency in Coverage Comments due Feb 23, 2026
  • 90 FR 23303Proposed Jun 2, 2025 — Request for Information Regarding the Prescription Drug Machine-Readable File Requirement in the Transparency in Coverage Final Rule Comments due Jul 2, 2025
  • 89 FR 85750Proposed Oct 28, 2024 — Enhancing Coverage of Preventive Services Under the Affordable Care Act Comments due Dec 27, 2024
  • 88 FR 51552Proposed Aug 3, 2023 — Requirements Related to the Mental Health Parity and Addiction Equity Act Comments due Oct 2, 2023
  • 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
  • 88 FR 7236Proposed Feb 2, 2023 — Coverage of Certain Preventive Services Under the Affordable Care Act Comments due Apr 3, 2023
  • 84 FR 51471Proposed Sep 30, 2019 — Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to Health Reimbursement Arrangements and Other Account-Based G… Comments due Dec 30, 2019
  • 83 FR 54420Proposed Oct 29, 2018 — Health Reimbursement Arrangements and Other Account-Based Group Health Plans Comments due Dec 28, 2018
  • 83 FR 7437Proposed Feb 21, 2018 — Short-Term, Limited-Duration Insurance Comments due Apr 23, 2018
  • 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 (a)(1)
  • 79 FR 78578Proposed Dec 30, 2014 — Summary of Benefits and Coverage and Uniform Glossary Comments due Mar 2, 2015
  • 79 FR 51118Proposed Aug 27, 2014 — Coverage of Certain Preventive Services Under the Affordable Care Act Comments due Oct 21, 2014 (a)(1)
  • 78 FR 8456Proposed Feb 6, 2013 — Coverage of Certain Preventive Services Under the Affordable Care Act Comments due Apr 8, 2013 (a)(1)
  • 77 FR 70620Proposed Nov 26, 2012 — Incentives for Nondiscriminatory Wellness Programs in Group Health Plans Comments due Jan 25, 2013 (a)(1)
  • 77 FR 16501Proposed Mar 21, 2012 — Certain Preventive Services Under the Affordable Care Act Comments due Jun 19, 2012 (a)(1)
  • 76 FR 52442Proposed Aug 22, 2011 — Summary of Benefits and Coverage and the Uniform Glossary Comments due Oct 21, 2011
  • 75 FR 19297Proposed Apr 14, 2010 — Medical Loss Ratios; Request for Comments Regarding Section 2718 of the Public Health Service Act Comments due May 14, 2010
Notices
  • Notice 2024-86 Dec 23, 2024 — Extension of Certain Timeframes for Employee Benefit Plans, Participants, Beneficiaries, Qualified Beneficiaries, and Claimants Affected by Hurricane Helene, T…
  • 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…
Final Rules
  • 89 FR 88642 Nov 8, 2024 — Extension of Certain Timeframes for Employee Benefit Plans, Participants, Beneficiaries, Qualified Beneficiaries, and Claimants Affected by Hurricane Helene, T…
  • 89 FR 23338 Apr 3, 2024 — Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage
  • 86 FR 55980 Oct 7, 2021 — Requirements Related to Surprise Billing; Part II
  • 85 FR 72158 Nov 12, 2020 — Transparency in Coverage
  • 85 FR 71142 Nov 6, 2020 — Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency
  • 85 FR 26351 May 4, 2020 — Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the COVID-19 Outbreak
  • 84 FR 28888 Jun 20, 2019 — Health Reimbursement Arrangements and Other Account-Based Group Health Plans
  • 83 FR 57592 Nov 15, 2018 — Moral Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act (a)(1)
  • 83 FR 57536 Nov 15, 2018 — Religious Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act (a)(1)
  • 83 FR 38212 Aug 3, 2018 — Short-Term, Limited-Duration Insurance
  • 82 FR 47838 Oct 13, 2017 — Moral Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act (a)(1)
  • 82 FR 47792 Oct 13, 2017 — Religious Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act (a)(1)
  • 81 FR 75316 Oct 31, 2016 — Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance (a)(1)
  • 80 FR 72192 Nov 18, 2015 — Final Rules for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protec…
  • 79 FR 59130 Oct 1, 2014 — Amendments to Excepted Benefits (a)(1)
  • 79 FR 51092 Aug 27, 2014 — Coverage of Certain Preventive Services Under the Affordable Care Act (a)(1)
  • 78 FR 68240 Nov 13, 2013 — Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; Technical Amendment to External Review for Multi-…
  • 78 FR 39870 Jul 2, 2013 — Coverage of Certain Preventive Services Under the Affordable Care Act (a)(1)
  • 77 FR 8668 Feb 14, 2012 — Summary of Benefits and Coverage and Uniform Glossary
  • 76 FR 37208 Jun 24, 2011 — Group Health Plans and Health Insurance Issuers: Rules Relating to Internal Claims and Appeals and External Review Processes
  • 75 FR 70114 Nov 17, 2010 — Amendment to the Interim Final Rules for Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient P…
  • 75 FR 43330 Jul 23, 2010 — Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Internal Claims and Appeals and External Review Processes Under the Patient…
  • 75 FR 41726 Jul 19, 2010 — Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable…
  • 75 FR 37188 Jun 28, 2010 — Patient Protection and Affordable Care Act: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections
  • 75 FR 27122 May 13, 2010 — Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the Patient Protection and A…
Treasury Decisions
  • 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…

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Jan 7, 2011currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 111-148View
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