GroundRules
45 CFR 148.210: Preemption.
Where this section sits in the code
- Title 45—Public Welfare
- SUBTITLE A—Department of Health and Human Services
- SUBCHAPTER B—REQUIREMENTS RELATING TO HEALTH CARE ACCESS
- PART 148—REQUIREMENTS FOR THE INDIVIDUAL HEALTH INSURANCE MARKET
- Subpart D—Preemption; Excepted Benefits
(a) Scope. (1) This section describes the effect of sections 2741 through 2763 and 2791 of the PHS Act on a State's authority to regulate health insurance issuers in the individual market. This section makes clear that States remain subject to section 514 of ERISA, which generally preempts State law that relates to ERISA-covered plans.
(2) Sections 2741 through 2763 and 2791 of the PHS Act cannot be construed to affect or modify the provisions of section 514 of ERISA.
(b) Regulation of insurance issuers. The individual market rules of this part do not prevent a State law from establishing, implementing, or continuing in effect standards or requirements unless the standards or requirements prevent the application of a requirement of this part.
Collected 2026-08-27T02:26:21Z. Source file · JSON