110 STAT. 1962 PUBLIC LAW 104-191—AUG. 21, 1996 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 t|iat 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 copayments or deductibles in return for adherence to programs of health promotion and disease prevention. "Subpart 2—Provisions Applicable Only to Health Insurance Issuers 42 USC 300gg- "SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE FOR 11- EMPLOYERS IN THE GROUP MARKET. "(a) ISSUANCE OF COVERAGE IN THE SMALL GROUP MARKET. — "(1) IN GENERAL. —Subject to subsections (c) through (f), each health insurance issuer that offers health insurance coverage in the small group market in a State— "(A) must accept every small employer (as defined in section 2791(e)(4)) in the State that applies for such coverage; and "(B) must accept for enrollment under such coverage every eligible individual (as defined in paragraph (2)) who applies for enrollment during the period in which the individual first becomes eligible to enroll under the terms of the group health plan and may not place any restriction which is inconsistent with section 2702 on an eligible individual being a participant or beneficiary. "(2) ELIGIBLE INDIVIDUAL DEFINED.— For purposes of this section, the term 'eligible individual' means, with respect to a health insurance issuer that offers heedth insurance coverage to a small employer in connection with a group health plan in the small group market, such an individual in relation to the employer as shall be determined— "(A) in accordance with the terms of such plan, "(B) as provided by the issuer under rules of the issuer which are uniformly applicable in a State to small employ- ers in the small group market, and "(C) in accordance with all applicable State laws foveming such issuer and such market. SSURING ACCESS IN THE LARGE GROUP MARKET.— "(1) REPORTS TO HHS.— The Secretary shall request that the chief executive officer of each State submit to the Secretary, by not later December 31, 2000, and every 3 years thereafter a report on— "(A) the access of large employers to health insurance coverage in the State, and "(B) the circumstances for lack of access (if any) of large employers (or one or more classes of such employers) in the State to such coverage. "(2) TRIENNIAL REPORTS TO CONGRESS.—The Secretary, based on the reports submitted under paragraph (1) and such other information as the Secretary may use, shall prepare
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