124 STAT. 895 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(g) APPLICATION TO FEHBP.—Notwithstanding any provision of chapter 89 of title 5, United States Code, this section shall apply to health plans offered under the program under such chapter. ‘‘(h) PREEMPTION.—Notwithstanding any other provision of this Act, nothing in this section shall preempt State laws that require a clinical trials policy for State regulated health insurance plans that is in addition to the policy required under this section.’’. (d) Section 1251(a) of this Act is amended— (1) in paragraph (2), by striking ‘‘With’’ and inserting ‘‘Except as provided in paragraph (3), with’’; and (2) by adding at the end the following: ‘‘(3) APPLICATION OF CERTAIN PROVISIONS.—The provisions of sections 2715 and 2718 of the Public Health Service Act (as added by subtitle A) shall apply to grandfathered health plans for plan years beginning on or after the date of enactment of this Act.’’. (e) Section 1253 of this Act is amended insert before the period the following: ‘‘, except that— ‘‘(1) section 1251 shall take effect on the date of enactment of this Act; and ‘‘(2) the provisions of section 2704 of the Public Health Service Act (as amended by section 1201), as they apply to enrollees who are under 19 years of age, shall become effective for plan years beginning on or after the date that is 6 months after the date of enactment of this Act.’’. (f) Subtitle C of title I of this Act is amended— (1) by redesignating section 1253 as section 1255; and (2) by inserting after section 1252, the following: ‘‘SEC. 1253. ANNUAL REPORT ON SELF-INSURED PLANS. ‘‘Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor shall prepare an aggregate annual report, using data collected from the Annual Return/Report of Employee Benefit Plan (Department of Labor Form 5500), that shall include general information on self-insured group health plans (including plan type, number of participants, benefits offered, funding arrangements, and benefit arrangements) as well as data from the financial filings of self-insured employers (including information on assets, liabilities, contributions, invest- ments, and expenses). The Secretary shall submit such reports to the appropriate committees of Congress. ‘‘SEC. 1254. STUDY OF LARGE GROUP MARKET. ‘‘(a) IN GENERAL.—The Secretary of Health and Human Services shall conduct a study of the fully-insured and self-insured group health plan markets to— ‘‘(1) compare the characteristics of employers (including industry, size, and other characteristics as determined appro- priate by the Secretary), health plan benefits, financial sol- vency, capital reserve levels, and the risks of becoming insol- vent; and ‘‘(2) determine the extent to which new insurance market reforms are likely to cause adverse selection in the large group market or to encourage small and midsize employers to self- insure. ‘‘(b) COLLECTION OF INFORMATION.—In conducting the study under subsection (a), the Secretary, in coordination with the Sec- retary of Labor, shall collect information and analyze— 42 USC 18013. Effective date. 42 USC 300gg note. 42 USC 18011.
