[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2505 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2505

To amend title I of the Employee Retirement Income Security Act of 1974 
 to exempt from preemption under such title certain provisions of the 
        law of the State of Washington relating to health plans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 5 (legislative day, September 12), 1994

  Mrs. Murray introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To amend title I of the Employee Retirement Income Security Act of 1974 
 to exempt from preemption under such title certain provisions of the 
        law of the State of Washington relating to health plans.

    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 ``Washington State Health Services 
Reform Enabling Act of 1994''.

SEC. 2. EXEMPTION FROM ERISA PREEMPTION OF CERTAIN PROVISIONS OF THE 
              LAW OF THE STATE OF WASHINGTON RELATING TO HEALTH PLANS.

    Section 514(b) of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following 
new paragraph:
    ``(9)(A) Except as provided in subparagraph (B), subsection (a) of 
this section shall not apply to the following provisions of the law of 
the State of Washington--
            ``(i) section 212 of Chapter 492, Laws of 1993 (relating to 
        enrollment of certain employees in the Washington basic health 
        plan);
            ``(ii) sections 301 and 304 of Chapter 492, Laws of 1993 
        (relating to taxation of premiums and hospitals);
            ``(iii) sections 406(7) and 454 of Chapter 492, Laws of 
        1993 (relating to medical risk adjustment mechanisms);
            ``(iv) section 427 of Chapter 492, Laws of 1993 (relating 
        to benefits required to be offered by registered employer 
        health plans);
            ``(v) section 430 of Chapter 492, Laws of 1993 (relating to 
        requirements applicable to registered employer health plans); 
        and
            ``(vi) section 464 of Chapter 492, Laws of 1993, as amended 
        by section 3 of Chapter 494, Laws of 1993 (relating to 
        requirements that employers offer and pay a portion of the 
        costs of employee health care coverage).''.
    ``(B) Subparagraph (A) shall not apply if any provision cited in 
such subparagraph, as applied, reduces or restricts benefits or options 
obtained or to be obtained pursuant to--
            ``(i) collective bargaining between bona fide employee 
        representatives and one or more employers; or
            ``(ii) voluntary, participant-paid arrangements sponsored 
        by bona fide employee representatives or their members.''.
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