42 U.S.C. § 300gg–62

Preemption and application

(a) In general

Subject to subsection (b), nothing in this part (or part C insofar as it applies to this part) shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements unless such standards and requirements prevent the application of a requirement of this part.

(b) Rules of construction

(1)

Nothing in this part (or part C insofar as it applies to this part) shall be construed to affect or modify the provisions of section 1144 of title 29 .

(2)

Nothing in this part (other than section 300gg–51 of this title ) shall be construed as requiring health insurance coverage offered in the individual market to provide specific benefits under the terms of such coverage.

(1) In general

The provisions of part A shall apply to health insurance issuers providing health insurance coverage in the individual market in a State as provided for in such part.

(2) Clarification

To the extent that any provision of this part conflicts with a provision of part A with respect to health insurance issuers providing health insurance coverage in the individual market in a State, the provisions of such part A shall apply.

( July 1, 1944, ch. 373 , title XXVII, § 2762, formerly § 2746, as added Pub. L. 104–191, title I, § 111(a) , Aug. 21, 1996 , 110 Stat. 1987 ; renumbered § 2762 and amended, Pub. L. 104–204, title VI, § 605(a)(2) , (b)(3), Sept. 26, 1996 , 110 Stat. 2941 , 2942; Pub. L. 111–148, title I, § 1563(c)(15) , formerly § 1562(c)(15), title X, § 10107(b)(1), Mar. 23, 2010 , 124 Stat. 269 , 911.)