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PPACT: Page 1759, Patient Protection and Affordable Care Act of 2009

1759
HR 3590 EAS/PP
``SEC. 520. APPLICABILITY OF STATE LAW TO COMBAT
1
FRAUD AND ABUSE.
2
``The Secretary may, for the purpose of identifying,
3
preventing, or prosecuting fraud and abuse, adopt regu-
4
latory standards establishing, or issue an order relating to
5
a specific person establishing, that a person engaged in the
6
business of providing insurance through a multiple em-
7
ployer welfare arrangement described in section 3(40) is
8
subject to the laws of the States in which such person oper-
9
ates which regulate insurance in such State, notwith-
10
standing section 514(b)(6) of this Act or the Liability Risk
11
Retention Act of 1986, and regardless of whether the law
12
of the State is otherwise preempted under any of such provi-
13
sions. This section shall not apply to any plan or arrange-
14
ment that does not fall within the meaning of the term `mul-
15
tiple employer welfare arrangement' under section
16
3(40)(A).''.
17
(b) C
ONFORMING
A
MENDMENT
.--The table of sections
18
for part 5 of subtitle B of title I of the Employee Retirement
19
Income Security Act of 1974, as amended by section 6601,
20
is further amended by adding at the end the following:
21
``Sec. 520. Applicability of State law to combat fraud and abuse.''.

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