{"identifier":"/us/usc/t42/s300gg\u201361","title":42,"num":"\u00a7\u202f300gg\u201361.","heading":"Enforcement","text":"\u00a7\u202f300gg\u201361.\nEnforcement\n(a)\nState enforcement\n(1)\nState authority\nSubject to\nsection 300gg\u201362 of this title\n(2)\nFailure to implement requirements\nIn the case of a State that fails to substantially enforce the requirements set forth in this part with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this part under subsection (b) insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in the individual market in such State.\n(b)\nSecretarial enforcement authority\nThe Secretary shall have the same authority in relation to enforcement of the provisions of this part with respect to issuers of health insurance coverage in the individual market in a State as the Secretary has under\nsection 300gg\u201322(b)(2) of this title\nsection 300gg\u201322(b)(3) of this title\n1\n1 See References in Text note below.","url":"https://projectusc.org/usc/t42/s300gg\u201361.html","content":[{"t":"sec","id":"/us/usc/t42/s300gg\u201361","children":[{"t":"num","text":"\u00a7\u202f300gg\u201361."},{"t":"heading","text":"Enforcement"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201361/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"State enforcement"},{"t":"para","id":"/us/usc/t42/s300gg\u201361/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"State authority"},{"t":"content","children":[{"t":"p","text":"Subject to ","children":[{"t":"ref","text":"section 300gg\u201362 of this title","href":"/us/usc/t42/s300gg\u201362","tail":", each State may require that health insurance issuers that issue, sell, renew, or offer health insurance coverage in the State in the individual market meet the requirements established under this part with respect to such issuers."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201361/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Failure to implement requirements"},{"t":"content","children":[{"t":"p","text":"In the case of a State that fails to substantially enforce the requirements set forth in this part with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this part under subsection (b) insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in the individual market in such State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201361/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Secretarial enforcement authority"},{"t":"content","children":[{"t":"p","text":"The Secretary shall have the same authority in relation to enforcement of the provisions of this part with respect to issuers of health insurance coverage in the individual market in a State as the Secretary has under ","children":[{"t":"ref","text":"section 300gg\u201322(b)(2) of this title","href":"/us/usc/t42/s300gg\u201322/b/2","tail":", and "},{"t":"ref","text":"section 300gg\u201322(b)(3) of this title","href":"/us/usc/t42/s300gg\u201322/b/3","tail":"\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" with respect to violations of genetic nondiscrimination provisions, in relation to the enforcement of the provisions of part A with respect to issuers of health insurance coverage in the small group market in the State."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}