Title 29 — Labor
Part 7 · Chapter 18 — Employee Retirement Income Security Program
§ 1191a. Special rules relating to group health plans
Statutory text
General exception for certain small group health plans
The requirements of this part (other than sections 1185 and 1185o of this title) shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year if, on the first day of such plan year, such plan has less than 2 participants who are current employees.
Exception for certain benefits
The requirements of this part shall not apply to any group health plan (and group health insurance coverage) in relation to its provision of excepted benefits described in section 1191b(c)(1) of this title.
Exception for certain benefits if certain conditions met
Limited, excepted benefits
The requirements of this part shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) in relation to its provision of excepted benefits described in section 1191b(c)(2) of this title if the benefits—
are provided under a separate policy, certificate, or contract of insurance; or
are otherwise not an integral part of the plan.
Noncoordinated, excepted benefits
The requirements of this part shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) in relation to its provision of excepted benefits described in section 1191b(c)(3) of this title if all of the following conditions are met:
The benefits are provided under a separate policy, certificate, or contract of insurance.
There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor.
Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.
Supplemental excepted benefits
The requirements of this part shall not apply to any group health plan (and group health insurance coverage) in relation to its provision of excepted benefits described in section 1191b(c)(4) of this title if the benefits are provided under a separate policy, certificate, or contract of insurance.
Treatment of partnerships
For purposes of this part—
Treatment as a group health plan
Any plan, fund, or program which would not be (but for this subsection) an employee welfare benefit plan and which is established or maintained by a partnership, to the extent that such plan, fund, or program provides medical care (including items and services paid for as medical care) to present or former partners in the partnership or to their dependents (as defined under the terms of the plan, fund, or program), directly or through insurance, reimbursement, or otherwise, shall be treated (subject to paragraph (2)) as an employee welfare benefit plan which is a group health plan.
Employer
In the case of a group health plan, the term “employer” also includes the partnership in relation to any partner.
Participants of group health plans
In the case of a group health plan, the term “participant” also includes—
in connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership, or
in connection with a group health plan maintained by a self-employed individual (under which one or more employees are participants), the self-employed individual,
if such individual is, or may become, eligible to receive a benefit under the plan or such individual’s beneficiaries may be eligible to receive any such benefit.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title I § 732 · 88 Stat. 829
Enacted · 29 U.S.C. § 1191a
Pub. L. 93–406, title I, § 732, formerly § 705, as added Pub. L. 104–191, title I, § 101(a), Aug. 21, 1996, 110 Stat. 1948
Source evidence
Code source credit
Pub. L. 93–406, title I, § 732, formerly § 705, as added Pub. L. 104–191, title I, § 101(a), Aug. 21, 1996, 110 Stat. 1948Newborns’ and Mothers’ Health Protection Act of 1996
Pub. L. 104–204 § 603(b)(2) · 110 Stat. 2874
Inserted · 29 U.S.C. § 1191a(a)
Pub. L. 104–204, § 603(b)(2), inserted “(other than section 1185 of this title)” after “part”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–204, § 603(b)(2), inserted “(other than section 1185 of this title)” after “part”.Enacted provision · exact public law section
(2) Section 732(a) of such Act (as added by section 101 of the Health Insurance Portability and Accountability Act of 1996 and redesignated by the preceding provisions of this section) is amended by inserting “(other than section 711)” after 29 USC 1191a. “part”.Effective date note
Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on and after Jan. 1, 1998, see section 603(c) of Pub. L. 104–204, set out as a note under section 1003 of this title.Newborns’ and Mothers’ Health Protection Act of 1996
Pub. L. 104–204 § 603(b)(3)(I) · 110 Stat. 2874
Changed · 29 U.S.C. § 1191a(b)(c)(1)(3)
Pub. L. 104–204, § 603(b)(3)(I)–(L), made technical amendment to references in original act which appear in text as references to section 1191b of this title
Source evidence
Code amendment note
Subsecs. (b), (c)(1) to (3). Pub. L. 104–204, § 603(b)(3)(I)–(L), made technical amendment to references in original act which appear in text as references to section 1191b of this title.Enacted provision · exact public law section
(I) in section 732(b), by striking “section 706(c)(1)” and inserting “section 733(c)(1)”;Effective date note
Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on and after Jan. 1, 1998, see section 603(c) of Pub. L. 104–204, set out as a note under section 1003 of this title.Pub. L. 119–75 div. J title VII § 6701(b)(1)(C) · 140 Stat. 723
Substituted · 29 U.S.C. § 1191a(a)
Pub. L. 119–75 substituted “sections 1185 and 1185o of this title” for “section 1185 of this title”
Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 119–75 substituted “sections 1185 and 1185o of this title” for “section 1185 of this title”.
2 of 4 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
Amendments1996–2026 · 2 rounds
2026
Subsec. (a). Pub. L. 119–75 substituted “sections 1185 and 1185o of this title” for “section 1185 of this title”.
1996
Subsec. (a). Pub. L. 104–204, § 603(b)(2), inserted “(other than section 1185 of this title)” after “part”.
Subsecs. (b), (c)(1) to (3). Pub. L. 104–204, § 603(b)(3)(I)–(L), made technical amendment to references in original act which appear in text as references to section 1191b of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on and after , see section 603(c) of Pub. L. 104–204, set out as a note under section 1003 of this title.
Effective Date
Section applicable with respect to group health plans for plan years beginning after , except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title.
Credits
1996–2026 · 3 acts
- 1996Pub. L. 93–406, title I, § 732, formerly § 705, as added Pub. L. 104–191, title I, § 101(a), , 110 Stat. 1948
- 1996renumbered § 732 and amended Pub. L. 104–204, title VI, § 603(a)(3), (b)(2), (3)(I)–(L), , 110 Stat. 2935, 2937, 2938
- 2026Pub. L. 119–75, div. J, title VII, § 6701(b)(1)(C), , 140 Stat. 723.
Show as published
(Pub. L. 93–406, title I, § 732, formerly § 705, as added Pub. L. 104–191, title I, § 101(a), , 110 Stat. 1948; renumbered § 732 and amended Pub. L. 104–204, title VI, § 603(a)(3), (b)(2), (3)(I)–(L), , 110 Stat. 2935, 2937, 2938; Pub. L. 119–75, div. J, title VII, § 6701(b)(1)(C), , 140 Stat. 723.)