U.S. Code » Title 42 » Chapter CHAPTER 157— QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS › Subchapter SUBCHAPTER III— AVAILABLE COVERAGE CHOICES FOR ALL AMERICANS › Part Part A— Establishment of Qualified Health Plans

42 U.S.C. § 18021

Qualified health plan defined

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(a) Qualified health planIn this title: 11 See References in Text note below.(1) In generalThe term “qualified health plan” means a health plan that—(A) has in effect a certification (which may include a seal or other indication of approval) that such plan meets the criteria for certification described in section 18031(c) of this title issued or recognized by each Exchange through which such plan is offered;(B) provides the essential health benefits package described in section 18022(a) of this title; and(C) is offered by a health insurance issuer that—(i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage under this title; 1(ii) agrees to offer at least one qualified health plan in the silver level and at least one plan in the gold level in each such Exchange;(iii) agrees to charge the same premium rate for each qualified health plan of the issuer without regard to whether the plan is offered through an Exchange or whether the plan is offered directly from the issuer or through an agent; and(iv) complies with the regulations developed by the Secretary under section 18031(d) of this title and such other requirements as an applicable Exchange may establish.(2) Inclusion of CO–OP plans and multi-State qualified health plans

Any reference in this title 1 to a qualified health plan shall be deemed to include a qualified health plan offered through the CO–OP program under section 18042 of this title, and a multi-State plan under section 18054 of this title, unless specifically provided for otherwise.

(3) Treatment of qualified direct primary care medical home plans

The Secretary of Health and Human Services shall permit a qualified health plan to provide coverage through a qualified direct primary care medical home plan that meets criteria established by the Secretary, so long as the qualified health plan meets all requirements that are otherwise applicable and the services covered by the medical home plan are coordinated with the entity offering the qualified health plan.

(4) Variation based on rating area

A qualified health plan, including a multi-State qualified health plan, may as appropriate vary premiums by rating area (as defined in section 300gg(a)(2) of this title).

(b) Terms relating to health plansIn this title: 1(1) Health plan(A) In general

The term “health plan” means health insurance coverage and a group health plan.

(B) Exception for self-insured plans and MEWAs

Except to the extent specifically provided by this title,1 the term “health plan” shall not include a group health plan or multiple employer welfare arrangement to the extent the plan or arrangement is not subject to State insurance regulation under section 1144 of title 29.

(2) Health insurance coverage and issuer

The terms “health insurance coverage” and “health insurance issuer” have the meanings given such terms by section 300gg–91(b) of this title.

(3) Group health plan

The term “group health plan” has the meaning given such term by section 300gg–91(a) of this title.

(Pub. L. 111–148, title I, § 1301, title X, § 10104(a), Mar. 23, 2010, 124 Stat. 162, 896.)Editorial NotesReferences in Text

This title, where footnoted in text, is title I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this chapter and enacted, amended, and transferred numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables.

Amendments

2010—Subsec. (a)(2) to (4). Pub. L. 111–148, § 10104(a), added pars. (2) to (4) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Any reference in this title to a qualified health plan shall be deemed to include a qualified health plan offered through the CO-OP program under section 18042 of this title or a community health insurance option under section 18043 of this title, unless specifically provided for otherwise.”

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 2012–2026 · leading case: The Roman Catholic Archdiocese of Atlanta v. Sec'y of the U.S. Dep't of Health & Human Servs., 818 F.3d 1122 (11th Cir. 2016).
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The Roman Catholic Archdiocese of Atlanta v. Sec'y of the U.S. Dep't of Health & Human Servs., 818 F.3d 1122 (11th Cir. 2016). · cites it 2× “See 42 U.S.C. §§ 18021 (a)(1)(B), 18022(a), (b).”
Moda Health Plan, Inc. v. United States, 892 F.3d 1311 (Fed. Cir. 2018). · cites it 2× “See 42 U.S.C. §§ 18021 , 18031(c). Because insurers lacked reliable data to estimate the cost of providing care for the expanded pool of individuals seeking coverage via the new exchanges, insurers faced significant risk if they elected to offer plans in these 4 MODA HEALTH…”
John Doe 1 v. Donald Trump, 957 F.3d 1050 (9th Cir. 2020). “See 42 U.S.C. §§ 18021 to 18024, 18031; see also 26 U.”
Geneva Coll. v. Sebelius, 929 F. Supp. 2d 402 (W.D. Pa. 2013). · cites it 2× “A "qualified health plan” is defined at 42 U.S.C. § 18021 (a)(1), and includes health plans that, among other requirements, has been certified by the health insurance exchange "through which such plan is offered,” and is offered by a licensed health insurance issuer.”
Jacqueline Halbig v. Sylvia Mathews Burwell, 758 F.3d 390 (D.C. Cir. 2014). · cites it 2× “§ 36B(b)(2); see also 42 U.S.C. §§ 18021 (a)(1), 18031(c)(1) (establishing requirements for “qualified health plans”).”
Land of Lincoln Mut. Health Ins. Co. v. United States, 129 Fed. Cl. 81 (Fed. Cl. 2016). “See 42 U.S.C. §§ 18021 , 18031(b)(1)(A); 45 C.”
O'Brien v. United States Dep't of Health & Human Servs., 894 F. Supp. 2d 1149 (E.D. Mo. 2012). “12 42 U.S.C. § 18021 (a)(1)(A) (defining the term “qualified health plan”).”
State of Ohio v. United States, 849 F.3d 313 (6th Cir. 2017). “42 U.S.C. § 18021 (b)(3) (“The term ‘group health plan’ has the meaning given such .”
Health Repub. Ins. Co. v. United States, 129 Fed. Cl. 757 (Fed. Cl. 2017). “” 42 U.S.C. § 18021 (a)(1). Thus, when enacted, the Affordable Care Act provided benefits and risks for health insurance companies (“insurers”).”
Halbig v. Sebelius, 27 F. Supp. 3d 1 (D.D.C. 2014). “42 U.S.C. §§ 18021 (a)(1), 18022. In addition to serving as a marketplace for health insurance, an Exchange can determine an individual’s eligibility to obtain an advance payment of a federal premium tax credit and his or her eligibility to be deemed exempt from the individual…”
Blue Cross & Blue Shield of North Carolina v. United States, 131 Fed. Cl. 457 (Fed. Cl. 2017). “See 42 U.S.C. § 18021 ; 45 C.F.R. §§ 155-56 .”
Gerhart v. United States Dep't of Health & Human Servs., 242 F. Supp. 3d 806 (S.D. Iowa 2017). “See 42 U.S.C. § 18021 (defining qualified health plan).”
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