has in effect a contractual relationship with such plan or coverage for furnishing items and services under such plan or coverage. . (2) Nonapplication of incorporation provisions Section 715(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185d(a) ) is amended— (A) in paragraph (1), by striking (as amended by the Patient Protection and Affordable Care Act) and inserting (other than the provisions of section 2730 of the Public Health Service Act)