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42 U.S. Code § 18041

State flexibility in operation and enforcement of Exchanges and related requirements

42 U.S. Code § 18041. State flexibility in operation and enforcement of Exchanges and related requirements

(a) Establishment of standards
(1) In generalThe Secretary shall, as soon as practicable after March 23, 2010, issue regulations setting standards for meeting the requirements under this title,[1] and the amendments made by this title, with respect to—
(A)
the establishment and operation of Exchanges (including SHOP Exchanges);
(B)
the offering of qualified health plans through such Exchanges;
(C)
the establishment of the reinsurance and risk adjustment programs under part E; and
(D)
such other requirements as the Secretary determines appropriate.
The preceding sentence shall not apply to standards for requirements under subtitles A and C (and the amendments made by such subtitles) for which the Secretary issues regulations under the Public Health Service Act [42 U.S.C. 201 et seq.].
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