42 USC § 18044 - Level playing field

---
identifier: "/us/usc/t42/s18044"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 18044 - Level playing field"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "18044"
section_name: "Level playing field"
chapter_number: 157
chapter_name: "QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS"
subchapter_number: "III"
subchapter_name: "AVAILABLE COVERAGE CHOICES FOR ALL AMERICANS"
part_number: "C"
part_name: "State Flexibility Relating To Exchanges"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–148, title I, § 1324, title X, § 10104(n), Mar. 23, 2010, 124 Stat. 199, 902.)"
---


# § 18044. Level playing field

**(a)** **In general** section 18042 of this titlesection 18054 of this title

Notwithstanding any other provision of law, any health insurance coverage offered by a private health insurance issuer shall not be subject to any Federal or State law described in subsection (b) if a qualified health plan offered under the Consumer Operated and Oriented Plan program under , or a multi-State qualified health plan under , is not subject to such law.

**(b)** **Laws described** The Federal and State laws described in this subsection are those Federal and State laws relating to—

**(1)** guaranteed renewal;

**(2)** rating;

**(3)** preexisting conditions;

**(4)** non-discrimination;

**(5)** quality improvement and reporting;

**(6)** fraud and abuse;

**(7)** solvency and financial requirements;

**(8)** market conduct;

**(9)** prompt payment;

**(10)** appeals and grievances;

**(11)** privacy and confidentiality;

**(12)** licensure; and

**(13)** benefit plan material or information.

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**Source Credit**: (Pub. L. 111–148, title I, § 1324, title X, § 10104(n), Mar. 23, 2010, 124 Stat. 199, 902.)

## Editorial Notes

### Amendments

2010—Subsec. (a). , substituted “, or a multi-State qualified health plan under ” for “, a community health insurance option under , or a nationwide qualified health plan under ”.