[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2095
To amend title XXVII of the Public Health Service Act and title I of
the Employee Retirement Income Security Act of 1974 to require that
group and individual health insurance coverage and group health plans
provide comprehensive coverage for childhood immunization.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2003
Mr. Green of Texas (for himself, Mr. Quinn, Mr. Pallone, Mr. Berman,
Mr. McDermott, Mr. Sandlin, Mr. Evans, Mr. Brown of Ohio, Mr. Waxman,
Mr. George Miller of California, Mr. Gutierrez, Mr. Frost, Mr. Gordon,
and Mr. Bell) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act and title I of
the Employee Retirement Income Security Act of 1974 to require that
group and individual health insurance coverage and group health plans
provide comprehensive coverage for childhood immunization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Insurance Coverage of
Childhood Immunization Act of 2003''.
SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP
HEALTH PLANS AND HEALTH INSURANCE ISSUERS.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide for each
plan year comprehensive coverage for routine immunizations for each
individual who is a dependent of a participant or beneficiary under the
plan and is under 19 years of age.
``(b) Comprehensive Coverage.--For purposes of this section,
comprehensive coverage for routine immunizations for a plan year
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance
with the most recent version of the Recommended Childhood Immunization
Schedule issued prior to such plan year by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide for each
plan year comprehensive coverage for routine immunizations for each
individual who is a dependent of a participant or beneficiary under the
plan and is under 19 years of age.
``(b) Comprehensive Coverage.--For purposes of this section,
comprehensive coverage for routine immunizations for a plan year
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance
with the most recent version of the Recommended Childhood Immunization
Schedule issued prior to such plan year by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''.
(B) Clerical amendment.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 713 the following new item:
``Sec. 714. Standard relating to coverage of childhood immunization.''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
SEC. 3. COORDINATION OF ADMINISTRATION.
The Secretary of Health and Human Services and the Secretary of
Labor shall ensure, through the execution of an interagency memorandum
of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which both
such Secretaries have responsibility under the provisions of
this Act (and the amendments made thereby) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
SEC. 4. EFFECTIVE DATES.
(a) Group Health Plans and Group Health Insurance Coverage.--
Subject to subsection (c), the amendments made by section 2(a) apply
with respect to group health plans for plan years beginning on or after
January 1, 2004.
(b) Individual Health Insurance Coverage.--The amendment made by
section 2(b) applies with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual market
on or after such date.
(c) Collective Bargaining Exception.--In the case of a group health
plan maintained pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers ratified
before the date of enactment of this Act, the amendments made by
section 2(a) shall not apply to plan years beginning before the later
of--
(1) the earliest date as of which all such collective
bargaining agreements relating to the plan have terminated
(determined without regard to any extension thereof agreed to
after the date of enactment of this Act), or
(2) January 1, 2004.
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by section 2(a) shall
not be treated as a termination of such collective bargaining
agreement.
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