I
110th CONGRESS
1st Session
H. R. 2833
IN THE HOUSE OF REPRESENTATIVES
June 22, 2007
Mr. Courtney (for himself and Mr. George Miller of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor and Ways and Means, 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 I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to provide additional limitations on preexisting condition exclusions in group health plans and health insurance coverage in the group and individual markets.
Short title
This Act may be cited as the
Preexisting Condition Exclusion
Patient Protection Act of 2007
.
Amendments relating to preexisting condition exclusions under group health plans
Amendments to the Employee Retirement Income Security Act of 1974
Reduction in look-back period
Section 701(a)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1181(a)(1)) is amended by striking
6-month period
and inserting 30-day
period
.
Reduction in permitted preexisting condition limitation period
Section
701(a)(2) of such Act (29 U.S.C. 1181(a)(2)) is amended by striking 12
months
and inserting 3 months
, and by striking 18
months
and inserting 9 months
.
Amendments to the Public Health Service Act
Reduction in look-back period
Section 2701(a)(1) of the Public Health Service
Act (42 U.S.C. 300gg(a)(1)) is amended by striking 6-month
period
and inserting 30-day period
.
Reduction in permitted preexisting condition limitation period
Section
2701(a)(2) of such Act (42 U.S.C. 300gg(a)(2)) is amended by striking 12
months
and inserting 3 months
, and by striking 18
months
and inserting 9 months
.
Amendments to the Internal Revenue Code of 1986
Reduction in look-back period
Paragraph
(1) of section 9801(a) of the Internal Revenue Code of 1986 (relating to
limitation on preexisting condition exclusion period and crediting for periods
of previous coverage) is amended by striking 6-month period
and
inserting 30-day period
.
Reduction in permitted preexisting condition limitation period
Paragraph (2)
of section 9801(a) of such Code is amended by striking 12 months
and inserting 3 months
, and by striking 18 months
and inserting 9 months
.
Effective date
In general
Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act.
Special rule for collective bargaining agreements
In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the earlier of—
the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or
3 years after the date of the enactment of this Act.
Amendments relating to preexisting condition exclusions in health insurance coverage in the individual market
Applicability of group health insurance limitations on imposition of preexisting condition exclusions
In general
Section 2741 of the Public Health Service Act (42 U.S.C. 300gg–41) is amended—
by redesignating the second subsection (e) (relating to market requirements) and subsection (f) as subsections (f) and (g), respectively; and
by adding at the end the following new subsection:
Application of group health insurance limitations on imposition of preexisting condition exclusions
In general
Subject to paragraph (2), a health insurance issuer that provides individual health insurance coverage may not impose a preexisting condition exclusion (as defined in subsection (b)(1)(A) of section 2701) with respect to such coverage except to the extent that such exclusion could be imposed consistent with such section if such coverage were group health insurance coverage.
Limitation
In the case of an individual who—
is enrolled in individual health insurance coverage;
during the period of such enrollment has a condition for which no medical advice, diagnosis, care, or treatment had been recommended or received as of the enrollment date; and
seeks to enroll under other individual health insurance coverage which provides benefits different from those provided under the coverage referred to in subparagraph (A) with respect to such condition,
.
Elimination of COBRA requirement
Subsection (b) of such section is amended—
by adding
and
at the end of paragraph (2);
by striking the semicolon at the end of paragraph (3) and inserting a period; and
by striking paragraphs (4) and (5).
Conforming amendment
Section 2744(a)(1) of such Act (42 U.S.C.
300gg–44(a)(1)) is amended by inserting (other than subsection
(h))
after section 2741
.
Effective date
The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the end of the 12th calendar month following the date of the enactment of this Act.