Preemption

  1. Law
  2. USC 5
  3. Government Organization And Employees
  4. EMPLOYEES
  5. Insurance and Annuities
  6. LONG-TERM CARE INSURANCE
  7. Preemption

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§9005. Preemption

(a) Contractual Provisions.-The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to long-term care insurance or contracts.

(b) Premiums.-

(1) In general.-No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter.

(2) Rule of construction.-Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.

(Added Pub. L. 106–265, title I, §1002(a), Sept. 19, 2000, 114 Stat. 768 ; amended Pub. L. 107–104, §2, Dec. 27, 2001, 115 Stat. 1001 .)

Amendments

2001-Pub. L. 107–104 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–104 effective as if included in the enactment of section 1002 of Pub. L. 106–265, see section 3 of Pub. L. 107–104, set out as a note under section 9001 of this title.


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