124 STAT. 159 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(E) The plan or issuer involved shall disclose in all plan materials describing the terms of the wellness pro- gram the availability of a reasonable alternative standard (or the possibility of waiver of the otherwise applicable standard) required under subparagraph (D). If plan mate- rials disclose that such a program is available, without describing its terms, the disclosure under this subpara- graph shall not be required. ‘‘(k) EXISTING PROGRAMS.—Nothing in this section shall prohibit a program of health promotion or disease prevention that was established prior to the date of enactment of this section and applied with all applicable regulations, and that is operating on such date, from continuing to be carried out for as long as such regulations remain in effect. ‘‘(l) WELLNESS PROGRAM DEMONSTRATION PROJECT.— ‘‘(1) IN GENERAL.—Not later than July 1, 2014, the Sec- retary, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall establish a 10-State demonstration project under which participating States shall apply the provi- sions of subsection (j) to programs of health promotion offered by a health insurance issuer that offers health insurance cov- erage in the individual market in such State. ‘‘(2) EXPANSION OF DEMONSTRATION PROJECT.—If the Sec- retary, in consultation with the Secretary of the Treasury and the Secretary of Labor, determines that the demonstration project described in paragraph (1) is effective, such Secretaries may, beginning on July 1, 2017 expand such demonstration project to include additional participating States. ‘‘(3) REQUIREMENTS.— ‘‘(A) MAINTENANCE OF COVERAGE.—The Secretary, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall not approve the participation of a State in the demonstration project under this section unless the Secretaries determine that the State’s project is designed in a manner that— ‘‘(i) will not result in any decrease in coverage; and ‘‘(ii) will not increase the cost to the Federal Government in providing credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing assistance under section 1402 of the Patient Protection and Affordable Care Act. ‘‘(B) OTHER REQUIREMENTS.—States that participate in the demonstration project under this subsection— ‘‘(i) may permit premium discounts or rebates or the modification of otherwise applicable copayments or deductibles for adherence to, or participation in, a reasonably designed program of health promotion and disease prevention; ‘‘(ii) shall ensure that requirements of consumer protection are met in programs of health promotion in the individual market; ‘‘(iii) shall require verification from health insur- ance issuers that offer health insurance coverage in the individual market of such State that premium discounts— Expansion date. Deadline.
