1 See References in Text note below.
(and the administration of such product).
References in Text

March 18, 2020, referred to in subsec. (c)(10), was in the original “the date of the enactment of this subparagraph”, and was translated as if it had read “the date of the enactment of this paragraph” to reflect the probable intent of Congress.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (f)(1)(B), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 832. Part 7 of subtitle B of title I of the Act is classified generally to part 7 (§ 1181 et seq.) of subtitle B of subchapter I of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

The Public Health Service Act, referred to in subsec. (f), is act July 1, 1944, ch. 373, 58 Stat. 682. Title XXVII of the Act is classified generally to subchapter XXV (§ 300gg et seq.) of chapter 6A of this title. Subpart 2 of part A of title XXVII of the Act may refer to subpart II of part A of subchapter XXV of chapter 6A of this title. Pub. L. 111–148, title I, §§ 1001(5), 1563(c)(2), (11), formerly § 1562(c)(2), (11), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 265, 268, 911, amended part A by inserting “subpart ii—improving coverage” (preceding section 300gg–11 of this title), by striking out “subpart 2—other requirements” (preceding section 300gg–4 of this title), and by redesignating subpart 4 as subpart 2 “exclusion of plans; enforcement; preemption” (preceding section 300gg–21 of this title). For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

Amendments

2020—Subsec. (c)(10). Pub. L. 116–127, § 6004(b)(1), added par. (10).

Subsec. (e)(2). Pub. L. 116–127, § 6004(b)(3), in heading, inserted “, COVID–19 testing,” before “or pregnancy-related assistance” and, in text, substituted “categories of services described in subsection (c)(1)(D), in vitro diagnostic products described in subsection (c)(10) (and administration of such products), visits described in section 1396o(a)(2)(G) of this title, or” for “category of services described in subsection (c)(1)(D) or”.

2018—Subsec. (a). Pub. L. 115–271, § 5022(b)(2)(A), substituted “paragraphs (5), (6), (7), and (8)” for “paragraphs (5), (6), and (7)” in introductory provisions.

Subsec. (c)(1)(E). Pub. L. 115–271, § 5022(a), added subpar. (E).

Subsec. (c)(5) to (7). Pub. L. 115–271, § 5022(b)(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).

Subsec. (c)(7)(A). Pub. L. 115–271, § 5022(d), amended subpar. (A) generally. Prior to amendment, text read as follows: “In the case of a State child health plan that provides both medical and surgical benefits and mental health or substance use disorder benefits, such plan shall ensure that the financial requirements and treatment limitations applicable to such mental health or substance use disorder benefits comply with the requirements of section 2705(a) of the Public Health Service Act in the same manner as such requirements apply to a group health plan.”

Subsec. (c)(8), (9). Pub. L. 115–271, § 5022(b)(1), redesignated pars. (7) and (8) as (8) and (9), respectively.

2009—Subsec. (a). Pub. L. 111–3, § 502(b)(1), inserted “, (6),” after “(5)” in introductory provisions.

Pub. L. 111–3, § 501(a)(1)(A)(i), substituted “paragraphs (5) and (7) of subsection (c)” for “subsection (c)(5)” in introductory provisions.

Subsec. (a)(1). Pub. L. 111–3, § 501(a)(1)(A)(ii), inserted “at least” after “that is”.

Subsec. (c)(2)(B) to (D). Pub. L. 111–3, § 502(b)(2), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “Mental health services.”

Subsec. (c)(5). Pub. L. 111–3, § 501(a)(1)(B)(ii), added par. (5). Former par. (5) redesignated (7).

Subsec. (c)(6). Pub. L. 111–3, § 502(a), added par. (6).

Subsec. (c)(7). Pub. L. 111–3, § 501(a)(1)(B)(i), redesignated par. (5) as (7).

Subsec. (c)(8). Pub. L. 111–3, § 505(a), added par. (8).

Subsec. (e)(2). Pub. L. 111–3, § 111(b)(1), inserted “or pregnancy-related assistance” after “preventive services” in heading and “or for pregnancy-related assistance” before period at end.

Subsec. (e)(3)(C). Pub. L. 111–3, § 504(a), added subpar. (C).

Subsec. (f)(3). Pub. L. 111–3, § 403(a), added par. (3).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–271 effective with respect to child health assistance provided on or after the date that is 1 year after Oct. 24, 2018, with exception if State legislation required, see section 5022(e) of Pub. L. 115–271, set out as a note under section 1397bb of this title.

Effective Date of 2009 Amendment

Amendment by sections 111(b)(1), 502, and 505(a) of Pub. L. 111–3 effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see section 3 of Pub. L. 111–3, set out as an Effective Date note under section 1396 of this title.

Pub. L. 111–3, title IV, § 403(b), Feb. 4, 2009, 123 Stat. 84, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to contract years for health plans beginning on or after July 1, 2009.”

Amendment by section 501(a)(1) of Pub. L. 111–3 applicable to coverage of items and services furnished on or after Oct. 1, 2009, see section 501(a)(3) of Pub. L. 111–3, set out as a note under section 1397bb of this title.

Pub. L. 111–3, title V, § 504(b), Feb. 4, 2009, 123 Stat. 90, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to new coverage periods beginning on or after the date of the enactment of this Act [Feb. 4, 2009].”