[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3695 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3695

  To prohibit insurers from including provisions in health plans and 
 contracts with health care providers to indemnify the insurer against 
                             any liability.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 1996

  Mr. Nadler introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit insurers from including provisions in health plans and 
 contracts with health care providers to indemnify the insurer against 
                             any liability.

    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 ``Health Care Accountability Act of 
1996''.

SEC. 2. PROHIBITION OF HOLD HARMLESS AGREEMENTS.

    A health plan, or a contract between an insurer and a health care 
provider, may not include provisions holding the health plan harmless 
from liability in any civil action arising out of medical care provided 
or withheld under the plan.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Insurer.--The term ``insurer'' means an insurance 
        company, insurance service, or insurance organization licensed 
        to engage in the business of insurance in a State, and a health 
        maintenance organization.
            (2) Health care provider.--The term ``health care 
        provider'' means a provider of services (as defined in section 
        1861(u) of the Social Security Act (42 U.S.C. 1395u)), a 
        physician, a supplier, or any other person furnishing health 
        care, including a Federal or State program that provides 
        directly for the provision of health care to beneficiaries.''.
            (3) Health insurance coverage.--The term ``health insurance 
        coverage'' means any hospital or medical service policy or 
        certificate, hospital or medical service plan contract, or 
        health maintenance organization contract offered by an insurer.
            (4) Health plan.--The term ``health plan'' means a plan 
        that provides health insurance coverage.
            (5) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, the Virgin Islands, American Samoa, and Guam.
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