S. 2236Senate110th Congress (2007-2009)In Committee

Preexisting Condition Exclusion Patient Protection Act of 2007

Introduced October 25, 2007

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S13451)

October 25, 2007

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SenateIntro Referral

Introduced in Senate

October 25, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S13450-13451)

October 25, 2007

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S13451)

October 25, 2007

Floor Debate

11 members

What members said about S. 2236 on the floor

5 Republicans6 Democrats
Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Oct 25, 2007

Mr. President, today I am honored to introduce the Nursing Education Opportunities Act. This bill seeks to help alleviate both the nursing shortage faced in hospitals and clinics throughout the…

Arlen Specter
Sen. Arlen SpecterR-PA · Oct 25, 2007

Mr. President. I have sought recognition to offer legislation to encourage Saudi Arabia to halt its support for institutions that fund, train, incite, encourage, or in any other way aid and abet…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Oct 25, 2007

Mr. President, I rise to introduce the Lead Elimination, Abatement and Poisoning Prevention Act of 2007, legislation that would help us address the threat of lead poisoning among children. We have…

John Barrasso
Sen. John BarrassoR-WY · Oct 25, 2007

Mr. President, I rise because today is Wyoming's day, literally. It is a long awaited day, a day that is special, a day that is as special as the mountain range that this day centers on, and as…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Oct 25, 2007

Mr. President, I rise today to introduce the Pre- existing Condition Exclusion Patient Protection Act of 2007. This is a critical bill for the tens of millions of individuals who suffer from chronic,…

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John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Oct 25, 2007

Mr. President, I rise today to introduce the Pre- existing Condition Exclusion Patient Protection Act of 2007. This is a critical bill for the tens of millions of individuals who suffer from chronic,…

Ted Stevens
Sen. Ted StevensR-AK · Oct 25, 2007

Mr. President, I am pleased to introduce the Foreign Aid Lessons for Domestic Economic Assistance Act of 2007 to bring a fresh approach to the vexing problem of stimulating Alaska Native, Native…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Oct 25, 2007

Mr. President, on June 19, 2007, the administration transmitted draft legislation entitled the Cooperative Conservation Enhancement Act, which was referred to the Committee on Energy and Natural…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Oct 25, 2007

Mr. President. I rise to offer my wholehearted support for the bill offered by the distinguished Senator from Delaware to provide some reasonable measure of job protection for the volunteer…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Oct 25, 2007

Mr. President, I rise today with my mend from Maine to introduce the Volunteer Firefighter and EMS Personnel Job Protection Act. Current law offers volunteer firefighters and emergency medical…

Wayne Allard
Sen. Wayne AllardR-CO · Oct 25, 2007

Mr. President, I have just introduced a piece of legislation called the Public Land Fire Regulation Enforcement Act. I wish to spend a moment talking about that. Mother Nature possesses a beauty like…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Oct 25, 2007

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued October 25, 2007

II

110th CONGRESS

1st Session

S. 2236

IN THE SENATE OF THE UNITED STATES

October 25, 2007

Mr. Rockefeller introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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.

1.

Short title

This Act may be cited as the Preexisting Condition Exclusion Patient Protection Act of 2007.

2.

Amendments relating to preexisting condition exclusions under group health plans

(a)

Amendments to the Employee Retirement Income Security Act of 1974

(1)

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.

(2)

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.

(b)

Amendments to the Public Health Service Act

(1)

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.

(2)

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.

(c)

Amendments to the Internal Revenue Code of 1986

(1)

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.

(2)

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.

(d)

Effective date

(1)

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.

(2)

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—

(A)

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

(B)

3 years after the date of the enactment of this Act.

For purposes of subparagraph (A), 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 the amendments made by this section shall not be treated as a termination of such collective bargaining agreement.
3.

Amendments relating to preexisting condition exclusions in health insurance coverage in the individual market

(a)

Applicability of group health insurance limitations on imposition of preexisting condition exclusions

(1)

In general

Section 2741 of the Public Health Service Act (42 U.S.C. 300gg–41) is amended—

(A)

by redesignating the second subsection (e) (relating to market requirements) and subsection (f) as subsections (f) and (g), respectively; and

(B)

by adding at the end the following new subsection:

(h)

Application of group health insurance limitations on imposition of preexisting condition exclusions

(1)

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.

(2)

Limitation

In the case of an individual who—

(A)

is enrolled in individual health insurance coverage;

(B)

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

(C)

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,

the issuer of the individual health insurance coverage described in subparagraph (C) may impose a preexisting condition exclusion with respect to such condition and any benefits in addition to those provided under the coverage referred to in subparagraph (A), but such exclusion may not extend for a period of more than 3 months.

.

(2)

Elimination of COBRA requirement

Subsection (b) of such section is amended—

(A)

by adding and at the end of paragraph (2);

(B)

by striking the semicolon at the end of paragraph (3) and inserting a period; and

(C)

by striking paragraphs (4) and (5).

(3)

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 .

(b)

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.