124 STAT. 162 PUBLIC LAW 111–148—MAR. 23, 2010 (d) EFFECT ON COLLECTIVE BARGAINING AGREEMENTS.—In the case of health insurance coverage maintained pursuant to one or more collective bargaining agreements between employee represent- atives and one or more employers that was ratified before the date of enactment of this Act, the provisions of this subtitle and subtitle A (and the amendments made by such subtitles) shall not apply until the date on which the last of the collective bar- gaining agreements relating to the coverage terminates. Any cov- erage amendment made pursuant to a collective bargaining agree- ment relating to the coverage which amends the coverage solely to conform to any requirement added by this subtitle or subtitle A (or amendments) shall not be treated as a termination of such collective bargaining agreement. (e) DEFINITION.—In this title, the term ‘‘grandfathered health plan’’ means any group health plan or health insurance coverage to which this section applies. SEC. 1252. RATING REFORMS MUST APPLY UNIFORMLY TO ALL HEALTH INSURANCE ISSUERS AND GROUP HEALTH PLANS. Any standard or requirement adopted by a State pursuant to this title, or any amendment made by this title, shall be applied uniformly to all health plans in each insurance market to which the standard and requirements apply. The preceding sentence shall also apply to a State standard or requirement relating to the standard or requirement required by this title (or any such amend- ment) that is not the same as the standard or requirement but that is not preempted under section 1321(d). SEC. 1253. EFFECTIVE DATES. This subtitle (and the amendments made by this subtitle) shall become effective for plan years beginning on or after January 1, 2014. Subtitle D—Available Coverage Choices for All Americans PART I—ESTABLISHMENT OF QUALIFIED HEALTH PLANS SEC. 1301. QUALIFIED HEALTH PLAN DEFINED. (a) QUALIFIED HEALTH PLAN.—In this title: (1) IN GENERAL.—The term ‘‘qualified health plan’’ means a health plan that— (A) has in effect a certification (which may include a seal or other indication of approval) that such plan meets the criteria for certification described in section 1311(c) issued or recognized by each Exchange through which such plan is offered; (B) provides the essential health benefits package described in section 1302(a); and (C) is offered by a health insurance issuer that— (i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage under this title; 42 USC 18021. 42 USC 300gg note. 42 USC 18012.
