{"identifier":"/us/usc/t42/s300gg\u201391","title":42,"num":"\u00a7\u202f300gg\u201391.","heading":"Definitions","text":"\u00a7\u202f300gg\u201391.\nDefinitions\n(a)\nGroup health plan\n(1)\nDefinition\nThe term \u201cgroup health plan\u201d means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(1)\n42 U.S.C. 1320d\nsection 9831(d)(2) of title 26\n(2)\nMedical care\nThe term \u201cmedical care\u201d means amounts paid for\u2014\n(A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body,\n(B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and\n(C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).\n(3)\nTreatment of certain plans as group health plan for notice provision\nA program under which creditable coverage described in subparagraph (C), (D), (E), or (F) of section 2701(c)(1)\n1\n1 See References in Text note below.\n1\n(b)\nDefinitions relating to health insurance\n(1)\nHealth insurance coverage\nThe term \u201chealth insurance coverage\u201d means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.\n(2)\nHealth insurance issuer\nThe term \u201chealth insurance issuer\u201d means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1144(b)(2)\n(3)\nHealth maintenance organization\nThe term \u201chealth maintenance organization\u201d means\u2014\n(A) a Federally qualified health maintenance organization (as defined in\nsection 300e(a) of this title\n(B) an organization recognized under State law as a health maintenance organization, or\n(C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization.\n(4)\nGroup health insurance coverage\nThe term \u201cgroup health insurance coverage\u201d means, in connection with a group health plan, health insurance coverage offered in connection with such plan.\n(5)\nIndividual health insurance coverage\nThe term \u201cindividual health insurance coverage\u201d means health insurance coverage offered to individuals in the individual market, but does not include short-term limited duration insurance.\n(c)\nExcepted benefits\nFor purposes of this subchapter, the term \u201cexcepted benefits\u201d means benefits under one or more (or any combination thereof) of the following:\n(1)\nBenefits not subject to requirements\n(A) Coverage only for accident, or disability income insurance, or any combination thereof.\n(B) Coverage issued as a supplement to liability insurance.\n(C) Liability insurance, including general liability insurance and automobile liability insurance.\n(D) Workers\u2019 compensation or similar insurance.\n(E) Automobile medical payment insurance.\n(F) Credit-only insurance.\n(G) Coverage for on-site medical clinics.\n(H) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.\n(2)\nBenefits not subject to requirements if offered separately\n(A) Limited scope dental or vision benefits.\n(B) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.\n(C) Such other similar, limited benefits as are specified in regulations.\n(3)\nBenefits not subject to requirements if offered as independent, noncoordinated benefits\n(A) Coverage only for a specified disease or illness.\n(B) Hospital indemnity or other fixed indemnity insurance.\n(4)\nBenefits not subject to requirements if offered as separate insurance policy\nMedicare supplemental health insurance (as defined under\nsection 1395ss(g)(1) of this title\n(d)\nOther definitions\n(1)\nApplicable State authority\nThe term \u201capplicable State authority\u201d means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this subchapter for the State involved with respect to such issuer.\n(2)\nBeneficiary\nThe term \u201cbeneficiary\u201d has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(8)\n(3)\nBona fide association\nThe term \u201cbona fide association\u201d means, with respect to health insurance coverage offered in a State, an association which\u2014\n(A) has been actively in existence for at least 5 years;\n(B) has been formed and maintained in good faith for purposes other than obtaining insurance;\n(C) does not condition membership in the association on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee);\n(D) makes health insurance coverage offered through the association available to all members regardless of any health status-related factor relating to such members (or individuals eligible for coverage through a member);\n(E) does not make health insurance coverage offered through the association available other than in connection with a member of the association; and\n(F) meets such additional requirements as may be imposed under State law.\n(4)\nCOBRA continuation provision\nThe term \u201cCOBRA continuation provision\u201d means any of the following:\n(A) Section 4980B of title 26\n(B) Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1161\n29 U.S.C. 1169\n(C) Subchapter XX of this chapter.\n(5)\nEmployee\nThe term \u201cemployee\u201d has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(6)\n(6)\nEmployer\nThe term \u201cemployer\u201d has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(5)\n(7)\nChurch plan\nThe term \u201cchurch plan\u201d has the meaning given such term under section 3(33) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(33)\n(8)\nGovernmental plan\n(A) The term \u201cgovernmental plan\u201d has the meaning given such term under section 3(32) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(32)\n(B)\nFederal governmental plan.\u2014\nThe term \u201cFederal governmental plan\u201d means a governmental plan established or maintained for its employees by the Government of the United States or by any agency or instrumentality of such Government.\n(C)\nNon-Federal governmental plan.\u2014\nThe term \u201cnon-Federal governmental plan\u201d means a governmental plan that is not a Federal governmental plan.\n(9)\nHealth status-related factor\nThe term \u201chealth status-related factor\u201d means any of the factors described in section 2702(a)(1).\n1\n(10)\nNetwork plan\nThe term \u201cnetwork plan\u201d means health insurance coverage of a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer.\n(11)\nParticipant\nThe term \u201cparticipant\u201d has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(7)\n(12)\nPlaced for adoption defined\nThe term \u201cplacement\u201d, or being \u201cplaced\u201d, for adoption, in connection with any placement for adoption of a child with any person, means the assumption and retention by such person of a legal obligation for total or partial support of such child in anticipation of adoption of such child. The child\u2019s placement with such person terminates upon the termination of such legal obligation.\n(13)\nPlan sponsor\nThe term \u201cplan sponsor\u201d has the meaning given such term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1002(16)(B)\n(14)\nState\nThe term \u201cState\u201d means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.\n(15)\nFamily member\nThe term \u201cfamily member\u201d means, with respect to any individual\u2014\n(A) a dependent (as such term is used for purposes of section 2701(f)(2))\n1\n(B) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).\n(16)\nGenetic information\n(A)\nIn general\nThe term \u201cgenetic information\u201d means, with respect to any individual, information about\u2014\n(i) such individual\u2019s genetic tests,\n(ii) the genetic tests of family members of such individual, and\n(iii) the manifestation of a disease or disorder in family members of such individual.\n(B)\nInclusion of genetic services and participation in genetic research\nSuch term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.\n(C)\nExclusions\nThe term \u201cgenetic information\u201d shall not include information about the sex or age of any individual.\n(17)\nGenetic test\n(A)\nIn general\nThe term \u201cgenetic test\u201d means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.\n(B)\nExceptions\nThe term \u201cgenetic test\u201d does not mean\u2014\n(i) an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or\n(ii) an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.\n(18)\nGenetic services\nThe term \u201cgenetic services\u201d means\u2014\n(A) a genetic test;\n(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or\n(C) genetic education.\n(19)\nUnderwriting purposes\nThe term \u201cunderwriting purposes\u201d means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan\u2014\n(A) rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage;\n(B) the computation of premium or contribution amounts under the plan or coverage;\n(C) the application of any pre-existing condition exclusion under the plan or coverage; and\n(D) other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.\n(20)\nQualified health plan\nThe term \u201cqualified health plan\u201d has the meaning given such term in\nsection 18021(a) of this title\n(21)\nExchange\nThe term \u201cExchange\u201d means an American Health Benefit Exchange established under\nsection 18031 of this title\n(e)\nDefinitions relating to markets and small employers\nFor purposes of this subchapter:\n(1)\nIndividual market\n(A)\nIn general\nThe term \u201cindividual market\u201d means the market for health insurance coverage offered to individuals other than in connection with a group health plan.\n(B)\nTreatment of very small groups\n(i)\nIn general\nSubject to clause (ii), such terms\n2\n2 So in original. Probably should be \u201cterm\u201d.\n(ii)\nState exception\nClause (i) shall not apply in the case of a State that elects to regulate the coverage described in such clause as coverage in the small group market.\n(2)\nLarge employer\nThe term \u201clarge employer\u201d means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year.\n(3)\nLarge group market\nThe term \u201clarge group market\u201d means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer.\n(4)\nSmall employer\nThe term \u201csmall employer\u201d means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 50 employees on business days during the preceding calendar year and who employs at least 1 employees\n3\n3 So in original.\n(5)\nSmall group market\nThe term \u201csmall group market\u201d means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a small employer.\n(6)\nApplication of certain rules in determination of employer size\nFor purposes of this subsection\u2014\n(A)\nApplication of aggregation rule for employers\nall\n4\n4 So in original. Probably should be capitalized.\no\nsection 414 of title 26\n(B)\nEmployers not in existence in preceding year\nIn the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small or large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year.\n(C)\nPredecessors\nAny reference in this subsection to an employer shall include a reference to any predecessor of such employer.\n(7)\nState option to extend definition of small employer\nNotwithstanding paragraphs (2) and (4), nothing in this section shall prevent a State from applying this subsection by treating as a small employer, with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year.","url":"https://projectusc.org/usc/t42/s300gg\u201391.html","content":[{"t":"sec","id":"/us/usc/t42/s300gg\u201391","children":[{"t":"num","text":"\u00a7\u202f300gg\u201391."},{"t":"heading","text":"Definitions"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201391/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Group health plan"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Definition"},{"t":"content","children":[{"t":"p","text":"The term \u201cgroup health plan\u201d means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(1)","href":"/us/usc/t29/s1002/1","tail":"]) to the extent that the plan provides medical care (as defined in paragraph (2)) and including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. Except for purposes of part C of title XI of the Social Security Act ("},{"t":"ref","text":"42 U.S.C. 1320d","href":"/us/usc/t42/s1320d","tail":" et seq.), such term shall not include any qualified small employer health reimbursement arrangement (as defined in "},{"t":"ref","text":"section 9831(d)(2) of title 26","href":"/us/usc/t26/s9831/d/2","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Medical care"},{"t":"chapeau","text":"The term \u201cmedical care\u201d means amounts paid for\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Treatment of certain plans as group health plan for notice provision"},{"t":"content","children":[{"t":"p","text":"A program under which creditable coverage described in subparagraph (C), (D), (E), or (F) of section 2701(c)(1)\u202f","children":[{"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":" is provided shall be treated as a group health plan for purposes of applying section 2701(e)."},{"t":"ref","text":"1"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201391/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions relating to health insurance"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Health insurance coverage"},{"t":"content","children":[{"t":"p","text":"The term \u201chealth insurance coverage\u201d means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Health insurance issuer"},{"t":"content","children":[{"t":"p","text":"The term \u201chealth insurance issuer\u201d means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1144(b)(2)","href":"/us/usc/t29/s1144/b/2","tail":"]). Such term does not include a group health plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Health maintenance organization"},{"t":"chapeau","text":"The term \u201chealth maintenance organization\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a Federally qualified health maintenance organization (as defined in ","children":[{"t":"ref","text":"section 300e(a) of this title","href":"/us/usc/t42/s300e/a","tail":"),"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an organization recognized under State law as a health maintenance organization, or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/b/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Group health insurance coverage"},{"t":"content","children":[{"t":"p","text":"The term \u201cgroup health insurance coverage\u201d means, in connection with a group health plan, health insurance coverage offered in connection with such plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Individual health insurance coverage"},{"t":"content","children":[{"t":"p","text":"The term \u201cindividual health insurance coverage\u201d means health insurance coverage offered to individuals in the individual market, but does not include short-term limited duration insurance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201391/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Excepted benefits"},{"t":"chapeau","text":"For purposes of this subchapter, the term \u201cexcepted benefits\u201d means benefits under one or more (or any combination thereof) of the following:"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Benefits not subject to requirements"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Coverage only for accident, or disability income insurance, or any combination thereof.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Coverage issued as a supplement to liability insurance.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Liability insurance, including general liability insurance and automobile liability insurance.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Workers\u2019 compensation or similar insurance.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Automobile medical payment insurance.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" Credit-only insurance.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" Coverage for on-site medical clinics.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/1/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Benefits not subject to requirements if offered separately"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Limited scope dental or vision benefits.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Such other similar, limited benefits as are specified in regulations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Benefits not subject to requirements if offered as independent, noncoordinated benefits"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Coverage only for a specified disease or illness.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Hospital indemnity or other fixed indemnity insurance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Benefits not subject to requirements if offered as separate insurance policy"},{"t":"content","children":[{"t":"p","text":"Medicare supplemental health insurance (as defined under ","children":[{"t":"ref","text":"section 1395ss(g)(1) of this title","href":"/us/usc/t42/s1395ss/g/1","tail":"), coverage supplemental to the coverage provided under chapter 55 of title 10, and similar supplemental coverage provided to coverage under a group health plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201391/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Other definitions"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Applicable State authority"},{"t":"content","children":[{"t":"p","text":"The term \u201capplicable State authority\u201d means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this subchapter for the State involved with respect to such issuer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Beneficiary"},{"t":"content","children":[{"t":"p","text":"The term \u201cbeneficiary\u201d has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(8)","href":"/us/usc/t29/s1002/8","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Bona fide association"},{"t":"chapeau","text":"The term \u201cbona fide association\u201d means, with respect to health insurance coverage offered in a State, an association which\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has been actively in existence for at least 5 years;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has been formed and maintained in good faith for purposes other than obtaining insurance;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" does not condition membership in the association on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" makes health insurance coverage offered through the association available to all members regardless of any health status-related factor relating to such members (or individuals eligible for coverage through a member);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/3/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" does not make health insurance coverage offered through the association available other than in connection with a member of the association; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/3/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" meets such additional requirements as may be imposed under State law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"COBRA continuation provision"},{"t":"chapeau","text":"The term \u201cCOBRA continuation provision\u201d means any of the following:"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 4980B of title 26","href":"/us/usc/t26/s4980B","tail":", other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1161","href":"/us/usc/t29/s1161","tail":" et seq.], other than section 609 of such Act ["},{"t":"ref","text":"29 U.S.C. 1169","href":"/us/usc/t29/s1169","tail":"]."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Subchapter XX of this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Employee"},{"t":"content","children":[{"t":"p","text":"The term \u201cemployee\u201d has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(6)","href":"/us/usc/t29/s1002/6","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Employer"},{"t":"content","children":[{"t":"p","text":"The term \u201cemployer\u201d has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(5)","href":"/us/usc/t29/s1002/5","tail":"], except that such term shall include only employers of two or more employees."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Church plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cchurch plan\u201d has the meaning given such term under section 3(33) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(33)","href":"/us/usc/t29/s1002/33","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Governmental plan"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The term \u201cgovernmental plan\u201d has the meaning given such term under section 3(32) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(32)","href":"/us/usc/t29/s1002/32","tail":"] and any Federal governmental plan."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/8/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Federal governmental plan.\u2014"},{"t":"content","text":"The term \u201cFederal governmental plan\u201d means a governmental plan established or maintained for its employees by the Government of the United States or by any agency or instrumentality of such Government.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/8/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Non-Federal governmental plan.\u2014"},{"t":"content","text":"The term \u201cnon-Federal governmental plan\u201d means a governmental plan that is not a Federal governmental plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Health status-related factor"},{"t":"content","children":[{"t":"p","text":"The term \u201chealth status-related factor\u201d means any of the factors described in section 2702(a)(1).","children":[{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Network plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cnetwork plan\u201d means health insurance coverage of a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Participant"},{"t":"content","children":[{"t":"p","text":"The term \u201cparticipant\u201d has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(7)","href":"/us/usc/t29/s1002/7","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Placed for adoption defined"},{"t":"content","children":[{"t":"p","text":"The term \u201cplacement\u201d, or being \u201cplaced\u201d, for adoption, in connection with any placement for adoption of a child with any person, means the assumption and retention by such person of a legal obligation for total or partial support of such child in anticipation of adoption of such child. The child\u2019s placement with such person terminates upon the termination of such legal obligation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Plan sponsor"},{"t":"content","children":[{"t":"p","text":"The term \u201cplan sponsor\u201d has the meaning given such term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1002(16)(B)","href":"/us/usc/t29/s1002/16/B","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Family member"},{"t":"chapeau","text":"The term \u201cfamily member\u201d means, with respect to any individual\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a dependent (as such term is used for purposes of section 2701(f)(2))\u202f","children":[{"t":"text","text":"1","tail":" of such individual; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Genetic information"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/16/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cgenetic information\u201d means, with respect to any individual, information about\u2014"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/d/16/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" such individual\u2019s genetic tests,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/d/16/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the genetic tests of family members of such individual, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/d/16/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the manifestation of a disease or disorder in family members of such individual.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/16/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusion of genetic services and participation in genetic research"},{"t":"content","children":[{"t":"p","text":"Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/16/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Exclusions"},{"t":"content","children":[{"t":"p","text":"The term \u201cgenetic information\u201d shall not include information about the sex or age of any individual.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Genetic test"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/17/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cgenetic test\u201d means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/17/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exceptions"},{"t":"chapeau","text":"The term \u201cgenetic test\u201d does not mean\u2014"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/d/17/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/d/17/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Genetic services"},{"t":"chapeau","text":"The term \u201cgenetic services\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/18/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a genetic test;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/18/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" genetic counseling (including obtaining, interpreting, or assessing genetic information); or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/18/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" genetic education.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"Underwriting purposes"},{"t":"chapeau","text":"The term \u201cunderwriting purposes\u201d means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/19/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/19/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the computation of premium or contribution amounts under the plan or coverage;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/19/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the application of any pre-existing condition exclusion under the plan or coverage; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/d/19/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"Qualified health plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cqualified health plan\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 18021(a) of this title","href":"/us/usc/t42/s18021/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/d/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Exchange"},{"t":"content","children":[{"t":"p","text":"The term \u201cExchange\u201d means an American Health Benefit Exchange established under ","children":[{"t":"ref","text":"section 18031 of this title","href":"/us/usc/t42/s18031","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300gg\u201391/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Definitions relating to markets and small employers"},{"t":"chapeau","text":"For purposes of this subchapter:"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Individual market"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cindividual market\u201d means the market for health insurance coverage offered to individuals other than in connection with a group health plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Treatment of very small groups"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/e/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to clause (ii), such terms\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be \u201cterm\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cterm\u201d.","tail":" includes coverage offered in connection with a group health plan that has fewer than two participants as current employees on the first day of the plan year."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300gg\u201391/e/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"State exception"},{"t":"content","children":[{"t":"p","text":"Clause (i) shall not apply in the case of a State that elects to regulate the coverage described in such clause as coverage in the small group market.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Large employer"},{"t":"content","children":[{"t":"p","text":"The term \u201clarge employer\u201d means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Large group market"},{"t":"content","children":[{"t":"p","text":"The term \u201clarge group market\u201d means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Small employer"},{"t":"content","children":[{"t":"p","text":"The term \u201csmall employer\u201d means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 50 employees on business days during the preceding calendar year and who employs at least 1 employees\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original.","tail":" on the first day of the plan year."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Small group market"},{"t":"content","children":[{"t":"p","text":"The term \u201csmall group market\u201d means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a small employer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Application of certain rules in determination of employer size"},{"t":"chapeau","text":"For purposes of this subsection\u2014"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/e/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Application of aggregation rule for employers"},{"t":"content","children":[{"t":"p","text":"all\u202f","children":[{"t":"ref","text":"4"},{"t":"num","text":"4","tail":"\u202fSo in original. Probably should be capitalized."},{"t":"text","text":"\u202fSo in original. Probably should be capitalized.","tail":" persons treated as a single employer under subsection (b), (c), (m), or ("},{"t":"text","text":"o","tail":") of "},{"t":"ref","text":"section 414 of title 26","href":"/us/usc/t26/s414","tail":" shall be treated as 1 employer."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/e/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Employers not in existence in preceding year"},{"t":"content","children":[{"t":"p","text":"In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small or large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300gg\u201391/e/6/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Predecessors"},{"t":"content","children":[{"t":"p","text":"Any reference in this subsection to an employer shall include a reference to any predecessor of such employer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300gg\u201391/e/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"State option to extend definition of small employer"},{"t":"content","children":[{"t":"p","text":"Notwithstanding paragraphs (2) and (4), nothing in this section shall prevent a State from applying this subsection by treating as a small employer, with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}