[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 713 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 713

To amend the Employee Retirement Income Security Act of 1974 to provide 
  that the preemption provisions shall not apply to certain State of 
                Oregon laws applicable to health plans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 7 (legislative day, April 5), 1995

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

_______________________________________________________________________

                                 A BILL


 
To amend the Employee Retirement Income Security Act of 1974 to provide 
  that the preemption provisions shall not apply to certain State of 
                Oregon laws applicable to health plans.

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

SECTION 1. EXEMPTION FROM ERISA PREEMPTION OF CERTAIN PROVISIONS OF THE 
              LAW OF THE STATE OF OREGON RELATING TO HEALTH PLANS.

    (a) In General.--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) Subsection (a) shall not apply to the following 
        provisions of the law of the State of Oregon:
                    ``(i) Chapter 591, Oregon Laws 1987, chapter 381, 
                Oregon Laws 1989, and chapter 916, Oregon Laws 1991 
                (relating to employer-based health plan coverage 
                reforms).
                    ``(ii) Chapter 815, Oregon Laws 1993 (relating to 
                phasing in of employer coverage and other revisions of 
                the Oregon Health Plan).
                    ``(iii) Any other provision of the law of the State 
                of Oregon, to the extent that such provision is enacted 
                to achieve or further the objectives of the Oregon 
                Health Plan.
            ``(B) To the extent any provision of the law of the State 
        of Oregon exempted under subparagraph (A) provides, directly or 
        indirectly, for taxation of employers or group health plans, 
        the exemption under subparagraph (A) shall apply only if under 
        such provision the assessment of the tax is under a uniform 
        schedule, applicable to all employers and group health plans, 
        and does not discriminate on the basis of the extent to which a 
        group health plan is insured.''.
    (b) Applicability of Federal Health Reform Legislation.--The State 
of Oregon shall not be treated as failing to comply with applicable 
requirements of any Federal health reform law, which is enacted on or 
after the date of the enactment of this Act and which provides for 
coverage of individuals under a comprehensive benefit package, before 
the first day of the first calendar year following the calendar year in 
which all other States have in effect plans under which individuals are 
eligible for coverage under a comprehensive benefit package in 
compliance with such law.
                                 <all>