[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1876 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1876

   To amend chapter 89 of title 5, United States Code, to end health 
 insurance portability for Members of Congress and eliminate continued 
   coverage for departing Members of Congress until health insurance 
 portability for other United States citizens is enacted into law, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 1996

Mr. Harkin (for himself and Mr. Baucus) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 89 of title 5, United States Code, to end health 
 insurance portability for Members of Congress and eliminate continued 
   coverage for departing Members of Congress until health insurance 
 portability for other United States citizens is enacted into law, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATIONS OF HEALTH CARE COVERAGE FOR MEMBERS OF CONGRESS.

    (a) Findings.--The Congress finds that--
            (1) an estimated 81,000,000 United States citizens suffer 
        from some type of preexisting medical condition that could make 
        it difficult to obtain health coverage, especially for that 
        condition;
            (2) millions of citizens are at risk of being subjected to 
        preexisting condition exclusions under current law because they 
        change jobs, lose jobs, or work for employers who change 
        insurance policies;
            (3) Members of Congress may--
                    (A) choose to receive a health plan through the 
                Federal Employees Health Benefits Program; and
                    (B) enroll in a plan without facing restrictions 
                because of health status or preexisting medical 
                conditions;
            (4) health care coverage for Members of Congress under such 
        program--
                    (A) is portable because Members can change plans 
                without worry of preexisting condition exclusions or 
                waiting periods; and
                    (B) cannot be canceled and is required to be 
                renewed;
            (5) Members of Congress are often eligible to continue to 
        receive health care through the Federal Employees Health 
        Benefits Program after they leave Congress; and
            (6) Congress should pass legislation to ensure health 
        insurance portability for United States citizens.
    (b) Ending Health Insurance Portability and Other Protections for 
Members of Congress.--
            (1) In general.--Section 8902 of title 5, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(o)(1) Notwithstanding subsection (f) or (h), or any other 
provision of this chapter, a contract for a plan under this chapter 
shall provide that a carrier may--
            ``(A) include in a plan offered to an individual described 
        under paragraph (2) preexisting condition exclusions and impose 
        a limitation or exclusion of benefits relating to treatment of 
        a preexisting condition based on the fact that the condition 
        existed prior to enrollment;
            ``(B) exclude from enrollment an individual described under 
        paragraph (2) due to health status or preexisting condition; or
            ``(C) refuse to renew the health plan of an individual 
        described under paragraph (2) due to health status or 
        preexisting condition.
    ``(2) Paragraph (1) shall apply with respect to the health status 
or preexisting condition of a member of family of an individual 
described under paragraph (3).
    ``(3) An individual referred to under paragraphs (1) and (2) is--
            ``(A) a Member of Congress; or
            ``(B) an annuitant who on the date immediately preceding 
        the date of retirement described under section 8901(3)(A) was a 
        Member of Congress.
    ``(4) This subsection shall cease to be effective on and after the 
date on which the Director of the Office of Personnel Management has 
received certification from the Secretary of Labor that a statute has 
been enacted into law that--
            ``(A) makes health coverage for United States citizens 
        portable by limiting exclusions for preexisting conditions;
            ``(B) guarantees availability of health insurance to United 
        States citizens; and
            ``(C) guarantees renewability of health coverage to 
        employers and individuals as long as premiums are paid.''.
            (2) Effective date.--This subsection shall take effect 30 
        days after the date of the enactment of this section.
    (c) Elimination of Coverage for Departing Members of Congress.--
Section 8905 of title 5, United States Code, is amended--
            (1) in subsection (b) by striking ``An annuitant'' and 
        inserting ``Subject to subsection (g), an annuitant''; and
            (2) by adding at the end the following new subsection:
    ``(g)(1) This section shall not apply to any annuitant who--
            ``(A) on the date immediately preceding the date of 
        retirement described under section 8901(3)(A) was a Member of 
        Congress; and
            ``(B) becomes an annuitant on or after the date which 
        occurs 30 days after the date of the enactment of this 
        subsection.
    ``(2) This subsection shall cease to be effective on and after the 
date on which the Director of the Office of Personnel Management has 
received certification from the Secretary of Labor that a statute has 
been enacted into law that--
            ``(A) makes health coverage for United States citizens 
        portable by limiting exclusions for preexisting conditions;
            ``(B) guarantees availability of health insurance to United 
        States citizens; and
            ``(C) guarantees renewability of health coverage to 
        employers and individuals as long as premiums are paid.''.
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