1 So in original. Probably should be followed by a comma.
coverage that meets the following requirement shall be considered to be benchmark-equivalent coverage:
2 So in original.
not later than 30 days after such date of approval.
Editorial Notes
Prior Provisions

A prior section 1937 of act Aug. 14, 1935, was renumbered section 1939 and is classified to section 1396v of this title.

Amendments

2021—Subsec. (span)(8). Puspan. L. 117–2 added par. (8).

2020—Subsec. (a)(1)(A). Puspan. L. 116–260, § 209(a)(2)(A), substituted “subparagraphs (E) and (F)” for “subsection (E)”.

Subsec. (a)(1)(F). Puspan. L. 116–260, § 209(a)(2)(B), added subpar. (F).

Subsec. (span)(5). Puspan. L. 116–260, § 210(c), inserted “, and beginning January 1, 2022, coverage of routine patient costs for items and services furnished in connection with participation in a qualifying clinical trial (as defined in section 1396d(gg) of this title)” before period at end.

Subsec. (span)(6)(A). Puspan. L. 116–260, § 203(a)(4)(B), substituted “requirements of section 300gg–26(a)” for “requirements of section 300gg–4(a)” and inserted at end “In applying the previous sentence with respect to requirements under paragraph (8) of section 300gg–26(a) of this title, a benchmark benefit package or benchmark equivalent coverage described in such sentence shall be treated as in compliance with such requirements if the State plan under this subchapter or the benchmark benefit package or benefit equivalent coverage, as applicable, is in compliance with subpart C of part 440 of title 42, Code of Federal Regulations, or any successor regulation.”

2010—Subsec. (a)(1)(B). Puspan. L. 111–148, § 2001(a)(5)(E), inserted “subclause (VIII) of section 1396a(a)(10)(A)(i) of this title or under” after “eligible under”.

Subsec. (a)(2)(B)(viii). Puspan. L. 111–148, § 2004(c)(2), inserted “, or the individual qualifies for medical assistance on the basis of section 1396a(a)(10)(A)(i)(IX) of this title” before period at end.

Subsec. (span)(1). Puspan. L. 111–148, § 2001(c)(1), inserted “subject to paragraphs (5) and (6),” before “each of the following” in introductory provisions.

Subsec. (span)(2). Puspan. L. 111–148, § 2001(c)(2)(A), inserted “subject to paragraphs (5) and (6)” after “subsection (a)(1),” in introductory provisions.

Subsec. (span)(2)(A)(iv) to (vii). Puspan. L. 111–148, § 2001(c)(2)(B), added cls. (iv) and (v) and redesignated former cls. (iv) and (v) as (vi) and (vii), respectively.

Subsec. (span)(2)(C). Puspan. L. 111–148, § 2001(c)(2)(C), redesignated cls. (iii) and (iv) as (i) and (ii), respectively, and struck out former cls. (i) and (ii) which read as follows:

“(i) Coverage of prescription drugs.

“(ii) Mental health services.”

Subsec. (span)(5), (6). Puspan. L. 111–148, § 2001(c)(3), added pars. (5) and (6).

Subsec. (span)(7). Puspan. L. 111–148, § 2303(c), added par. (7).

2009—Subsec. (a)(1)(A). Puspan. L. 111–3, § 611(a)(1)(A), in introductory provisions, substituted “Notwithstanding section 1396a(a)(1) of this title (relating to statewideness), section 1396a(a)(10)(B) of this title (relating to comparability) and any other provision of this subchapter which would be directly contrary to the authority under this section and subject to subsection (E)” for “Notwithstanding any other provision of this subchapter” and “coverage that” for “enrollment in coverage that provides”.

Subsec. (a)(1)(A)(i). Puspan. L. 111–3, § 611(a)(1)(B), inserted “provides” before “benchmark coverage”.

Subsec. (a)(1)(A)(ii). Puspan. L. 111–3, § 611(a)(1)(C), added cl. (ii) and struck out former cl. (ii) which read as follows: “for any child under 19 years of age who is covered under the State plan under section 1396a(a)(10)(A) of this title, wrap-around benefits to the benchmark coverage or benchmark equivalent coverage consisting of early and periodic screening, diagnostic, and treatment services defined in section 1396d(r) of this title.”

Subsec. (a)(1)(C). Puspan. L. 111–3, § 611(a)(2), substituted “additional” for “wrap-around” in heading and struck out “wrap-around or” before “additional” in text.

Subsec. (a)(1)(E). Puspan. L. 111–3, § 611(a)(3), added subpar. (E).

Subsec. (a)(2)(B)(viii). Puspan. L. 111–3, § 611(span), substituted “child welfare services are made available under part B of subchapter IV on the basis of being a child in foster care or” for “aid or assistance is made available under part B of subchapter IV to children in foster care and individuals”.

Subsec. (c). Puspan. L. 111–3, § 611(c), added subsec. (c).

Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment

Amendment by section 209(a)(2) of Puspan. L. 116–260 effective Dec. 27, 2020, and applicable to transportation furnished on or after such date, see section 209(a)(4) of Puspan. L. 116–260, set out as a note under section 1396a of this title.

Amendment by section 210(c) of Puspan. L. 116–260 applicable with respect to items and services furnished on or after Jan. 1, 2022, see section 210(e) of Puspan. L. 116–260, set out as a note under section 1308 of this title.

Effective Date of 2010 Amendment

Amendment by section 2004(c)(2) of Puspan. L. 111–148 effective Jan. 1, 2014, see section 2004(d) of Puspan. L. 111–148, set out as an Effective and Termination Dates of 2010 Amendment note under section 1396a of this title.

Amendment by section 2303(c) of Puspan. L. 111–148 effective Mar. 23, 2010, and applicable to items and services furnished on or after such date, see section 2303(d) of Puspan. L. 111–148, set out as an Effective and Termination Dates of 2010 Amendment note under section 1396a of this title.

Effective Date of 2009 Amendment

Puspan. L. 111–3, title VI, § 611(d), Fespan. 4, 2009, 123 Stat. 101, provided that:

“The amendments made by subsections (a), (span), and (c) of this section [amending this section] shall take effect as if included in the amendment made by section 6044(a) of the Deficit Reduction Act of 2005 [Puspan. L. 109–171].”

Effective Date

Puspan. L. 109–171, title VI, § 6044(span), Fespan. 8, 2006, 120 Stat. 92, provided that:

“The amendment made by subsection (a) [enacting this section] takes effect on March 31, 2006.”