Page:United States Statutes at Large Volume 110 Part 3.djvu/216

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110 STAT. 1946 PUBLIC LAW 104-191—AUG. 21, 1996 or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage. "(3) CONSTRUCTION. — For purposes of paragraph (1), rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for such enrollment. "(b) IN PREMIUM CONTRIBUTIONS.— "(1) IN GENERAL.— A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual. "(2) CONSTRUCTION.— Nothing in paragraph (1) shall be construed— "(A) to restrict the amount that an employer may be charged for coverage under a group health plan; or "(B) to prevent a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or rebates or modify- ing otherwise applicable copa3nraents or deductibles in return for adherence to programs of health promotion and disease prevention. 29 USC 1183. •«EC. 703. GUARANTEED RENEWABILITY IN MULTIEMPLOYER PLANS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS. "A group health plan which is a multiemployer plan or which is a multiple employer welfare arrangement may not deny an employer whose employees are covered under such a plan continued access to the same or different coverage under the terms of such a plan, other than— "(1) for nonpayment of contributions; "(2) for fraud or other intentional misrepresentation of material fact by the employer; "(3) for noncompliance with material plan provisions; "(4) because the plan is ceasing to offer any coverage in a geographic area; "(5) in the case of a plan that offers benefits through a network plan, there is no longer any individual enrolled through the employer who lives, resides, or works in the service area of the network plan and the plan applies this paragraph uniformly without regard to the claims experience of employers or any health status-related factor in relation to such individuals or their dependents; and "(6) for failure to meet the terms of an applicable collective bargaining agreement, to renew a collective bargaining or other agreement requiring or authorizing contributions to the plan, or to employ employees covered by sudb an agreement. 29 USC 1191. "SEC. 704. 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), this part shall not be construed to supersede any provision of State law which establishes,