Risk adjustment
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Title 42—THE PUBLIC HEALTH AND WELFARE > CHAPTER 157—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS > SUBCHAPTER III—AVAILABLE COVERAGE CHOICES FOR ALL AMERICANS > Part E—Reinsurance and Risk Adjustment
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Using the criteria and methods developed under subsection (b), each State shall assess a charge on health plans and health insurance issuers (with respect to health insurance coverage) described in subsection (c) if the actuarial risk of the enrollees of such plans or coverage for a year is less than the average actuarial risk of all enrollees in all plans or coverage in such State for such year that are not self-insured group health plans (which are subject to the provisions of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C. 1001 et seq.]).
( Pub. L. 111–148, title I, § 1343 , Mar. 23, 2010 , 124 Stat. 212 .)
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