124 STAT. 199 PUBLIC LAW 111–148—MAR. 23, 2010 (h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 1324. LEVEL PLAYING FIELD. (a) IN GENERAL.—Notwithstanding any other provision of law, any health insurance coverage offered by a private health insurance issuer shall not be subject to any Federal or State law described in subsection (b) if a qualified health plan offered under the Con- sumer Operated and Oriented Plan program under section 1322, a community health insurance option under section 1323, or a nationwide qualified health plan under section 1333(b), is not sub- ject to such law. (b) LAWS DESCRIBED.—The Federal and State laws described in this subsection are those Federal and State laws relating to— (1) guaranteed renewal; (2) rating; (3) preexisting conditions; (4) non-discrimination; (5) quality improvement and reporting; (6) fraud and abuse; (7) solvency and financial requirements; (8) market conduct; (9) prompt payment; (10) appeals and grievances; (11) privacy and confidentiality; (12) licensure; and (13) benefit plan material or information. PART IV—STATE FLEXIBILITY TO ESTABLISH ALTERNATIVE PROGRAMS SEC. 1331. STATE FLEXIBILITY TO ESTABLISH BASIC HEALTH PRO - GRAMS FOR LOW-INCOME INDIVIDUALS NOT ELIGIBLE FOR MEDICAID. (a) ESTABLISHMENT OF PROGRAM.— (1) IN GENERAL.—The Secretary shall establish a basic health program meeting the requirements of this section under which a State may enter into contracts to offer 1 or more standard health plans providing at least the essential health benefits described in section 1302(b) to eligible individuals in lieu of offering such individuals coverage through an Exchange. (2) CERTIFICATIONS AS TO BENEFIT COVERAGE AND COSTS.— Such program shall provide that a State may not establish a basic health program under this section unless the State establishes to the satisfaction of the Secretary, and the Sec- retary certifies, that— (A) in the case of an eligible individual enrolled in a standard health plan offered through the program, the State provides— (i) that the amount of the monthly premium an eligible individual is required to pay for coverage under the standard health plan for the individual and the individual’s dependents does not exceed the amount of the monthly premium that the eligible individual would have been required to pay (in the rating area in which the individual resides) if the individual had 42 USC 18051. 42 USC 18044.
