110 STAT. 2036 PUBLIC LAW 104-191—AUG. 21, 1996 42 USC 1395SS note. 42 USC 1395SS note. ance policies, including any health insurance policy that is described in clause (iv), (v), or (viXIII). "(11) A State may not declare or specify, in statute, regulation, or otherwise, that a health insurance policy (other than a Medicare supplemental policy) or rider to an insurance contract which is not a health insurance policy, that is described in clause (iv), (v), or (vi)(III) and that is sold, issued, or renewed to an individual entitled to benefits under part A or enrolled under part B 'duplicates' health benefits under this title or under a Medicare supplemental policy.". (b) CONFORMING AMENDMENTS.— Section 1882(d)(3) (42 U.S.C. 1395ss(d)(3)) is amended— (1) in subparagraph (C)— (A) by striking "with respect to (i)" and inserting "with respect to", and (B) by striking ", (ii) the sale" and all that follows up to the period at the end; and (2) by striking subparagraph (D). (c) TRANSITIONAL PROVISION.— (1) No PENALTIES. —Subject to paragraph (3), no criminal or civil money penalty may be imposed under section 1882(d)(3)(A) of the Social Security Act for any act or omission that occurred during the transition period (as defined in paragraph (4)) and that relates to any health insurgince policy that is described in clause (iv) or (v) of such section (as amended by subsection (a)). (2) LIMITATION ON LEGAL ACTION. —Subject to paragraph (3), no legal action shall be brought or continued in any Federal or State court insofar as such action— (A) includes a cause of action which arose, or which is based on or evidenced by any act or omission which occurred, during the transition period; and (B) relates to the application of section 1882(d)(3)(A) of the Social Security Act to any act or omission with respect to the sale, issuance, or renewal of any health insurance policy that is described in clause (iv) or (v) of such section (as amended by subsection (a)). (3) DISCLOSURE CONDITION.—In the case of a pohcy described in clause (iv) of section 1882(d)(3)(A) of the Social Security Act that is sold or issued on or after the effective date of statements under section 171(d)(3)(C) of the Social Security Act Amendments of 1994 and before the end of the 30-day period beginning on the date of the enactment of this Act, paragraphs (1) and (2) shall only apply if disclosure was made in accordance with section 1882(d)(3)(C)(ii) of the Social Security Act (as in effect before the date of the enactment of this Act). (4) TRANSITION PERIOD. —In this subsection, the term "transition period" means the period beginning on November 5, 1991, and ending on the date of the enactment of this Act. (d) EFFECTIVE DATE.— (1) Except as provided in this subsection, the amendment made by subsection (a) shall be effective as if included in the enactment of section 4354 of the Omnibus Budget Reconciliation Act of 1990.
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