republic-os/legal/us/code/title-42/chapter-6a/section-300gg-9.md

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LegalText	42 U.S.C. § 300gg–9	Disclosure of information	us	united_states_code	code_section	42	THE PUBLIC HEALTH AND WELFARE	6A	PUBLIC HEALTH SERVICE	300gg–9	42 U.S.C. § 300gg–9	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip	/us/usc/t42/s300gg–9	data/legal/raw/us/code/title-42/usc42.xml	d6eb0d000c94127e3fb3648883622a4735e6e2067dbc88b54e41d19e86522ff3	644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e	b7c2f6cf19eda347fb3aa733ecf0bfcbab312b63c250ece08b3e4787fe0c84e3	2026-07-04	official	legal us-code

42 U.S.C. § 300gg–9 - Disclosure of information

Text

(a) Disclosure of information by health plan issuers In connection with the offering of any health insurance coverage to a small employer or an individual, a health insurance issuer—

(1) shall make a reasonable disclosure to such employer, or individual, as applicable,,11 So in original. as part of its solicitation and sales materials, of the availability of information described in subsection (b), and

(2) upon request of such a 22 So in original. Probably should be “an”. employer, or individual, as applicable,,1 provide such information.

(b) Information described (1) In general Subject to paragraph (3), with respect to a health insurance issuer offering health insurance coverage to a 2 employer, or individual, as applicable,,1 information described in this subsection is information concerning—

(A) the provisions of such coverage concerning issuer’s right to change premium rates and the factors that may affect changes in premium rates; and

(B) the benefits and premiums available under all health insurance coverage for which the employer, or individual, as applicable, is qualified.

(2) Form of information Information under this subsection shall be provided to employers, or individuals, as applicable, in a manner determined to be understandable by the average employer, or individual, as applicable,,1 and shall be sufficient to reasonably inform employers, or individuals, as applicable, of their rights and obligations under the health insurance coverage.

(3) Exception An issuer is not required under this section to disclose any information that is proprietary and trade secret information under applicable law.

(July 1, 1944, ch. 373, title XXVII, § 2709, formerly § 2713, as added Pub. L. 104–191, title I, § 102(a), Aug. 21, 1996, 110 Stat. 1966; renumbered § 2733, renumbered § 2709, and amended Pub. L. 111–148, title I, §§ 1001(3), 1563(c)(10), formerly § 1562(c)(10), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 268, 911.)

Notes

Editorial Notes

Codification Section was formerly classified to section 300gg–13 of this title prior to renumbering by Pub. L. 111–148. Another section 2709 of act July 1, 1944, is classified to section 300gg–8 of this title.

Prior ProvisionsA prior section 2709 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238h of this title.

Amendments2010—Subsec. (a). Pub. L. 111–148, § 1563(c)(10)(A), formerly § 1562(c)(10)(A), as renumbered by Pub. L. 111–148, § 10107(b)(1), in introductory provisions substituted “small employer or an individual” for “small employer”, in par. (1) inserted “, or individual, as applicable,” after “employer”, and in par. (2) substituted “employer, or individual, as applicable,” for “small employer”. Subsec. (b)(1). Pub. L. 111–148, § 1563(c)(10)(B)(i), formerly § 1562(c)(10)(B)(i), as renumbered by Pub. L. 111–148, § 10107(b)(1), in introductory provisions substituted “employer, or individual, as applicable,” for “small employer”, in subpar. (A), inserted “and” at end, struck out subpars. (B) and (C) which related to provisions of coverage relating to renewability of coverage and preexisting condition exclusions, respectively, in subpar. (D), inserted “, or individual, as applicable,” after “employer”, and redesignated subpar. (D) as (B). Subsec. (b)(2). Pub. L. 111–148, § 1563(c)(10)(B)(ii), formerly § 1562(c)(10)(B)(ii), as renumbered by Pub. L. 111–148, § 10107(b)(1), substituted “employer, or individual, as applicable,” for “small employer” and “employers, or individuals, as applicable,” for “small employers” in two places.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after June 30, 1997, except as otherwise provided, see section 102(c) of Pub. L. 104–191, set out as a note under section 300gg of this title.