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42 U.S. Code § 300gg-22

Enforcement

42 U.S. Code § 300gg-22. Enforcement

(a) State enforcement
(1) State authority
Subject to section 300gg–23 [1] of this title, each State may require that health insurance issuers that issue, sell, renew, or offer health insurance coverage in the State in the individual or group market meet the requirements of this part and part D with respect to such issuers.
(2) Failure to implement provisions
In the case of a determination by the Secretary that a State has failed to substantially enforce a provision (or provisions) in this part or part D with respect to health insurance issuers in the State, the Secretary shall enforce such provision (or provisions) under subsection (b) insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in connection with group health plans or individual health insurance coverage in such State.
(b) Secretarial enforcement authority
(1) LimitationThe provisions of this subsection shall apply to enforcement of a provision (or provisions) of this part or part D only—
(A)
as provided under subsection (a)(2); and
(B)
with respect to individual health insurance coverage or group health plans that are non-Federal governmental plans.
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