Contents
(f)For purposes of this section—
(1)The term “minimum essential coverage” means any of the following:
(A)Coverage under—
(i)the Medicare program under part A of title XVIII of the Social Security Act,
(ii)the Medicaid program under title XIX of the Social Security Act,
(iii)the CHIP program under title XXI of the Social Security Act or under a qualified CHIP look-alike program (as defined in section 2107(g) of the Social Security Act),
(iv)medical coverage under chapter 55 of title 10, United States Code, including coverage under the TRICARE program; 2
(v)a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs, in coordination with the Secretary of Health and Human Services and the Secretary,
(vi)a health plan under section 2504(e) of title 22, United States Code (relating to Peace Corps volunteers); 2 or
(vii)the Nonappropriated Fund Health Benefits Program of the Department of Defense, established under section 349 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1587 note).
(B)Coverage under an eligible employer-sponsored plan.
(C)Coverage under a health plan offered in the individual market within a State.
(D)Coverage under a grandfathered health plan.
(E)Such other health benefits coverage, such as a State health benefits risk pool, as the Secretary of Health and Human Services, in coordination with the Secretary, recognizes for purposes of this subsection.
(2)The term “eligible employer-sponsored plan” means, with respect to any employee, a group health plan or group health insurance coverage offered by an employer to the employee which is—
(A)a governmental plan (within the meaning of section 2791(d)(8) of the Public Health Service Act), or
(B)any other plan or coverage offered in the small or large group market within a State.
Such term shall include a grandfathered health plan described in paragraph (1)(D) offered in a group market.
(3)The term “minimum essential coverage” shall not include health insurance coverage which consists of coverage of excepted benefits—
(A)described in paragraph (1) of subsection (c) of section 2791 of the Public Health Service Act; or
(B)described in paragraph (2), (3), or (4) of such subsection if the benefits are provided under a separate policy, certificate, or contract of insurance.
(4)Any applicable individual shall be treated as having minimum essential coverage for any month—
(A)if such month occurs during any period described in subparagraph (A) or (B) of section 911(d)(1) which is applicable to the individual, or
(B)if such individual is a bona fide resident of any possession of the United States (as determined under section 937(a)) for such month.
(5)Any term used in this section which is also used in title I of the Patient Protection and Affordable Care Act shall have the same meaning as when used in such title.
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