[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1281 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1281

  To amend the Public Health Service Act and other laws to apply the 
 health insurance portability requirements applicable to group health 
    plans to students covered under college-sponsored health plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 1997

Mr. Costello (for himself, Mr. Faleomavaega, Mr. Frost, Ms. Norton, and 
  Mr. Walsh) introduced the following bill; which was referred to the 
 Committee on Commerce, and in addition to the Committees on Ways and 
Means, and Education and the Workforce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act and other laws to apply the 
 health insurance portability requirements applicable to group health 
    plans to students covered under college-sponsored 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 ``Student Health Insurance Portability 
Protection Act of 1997''.

SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS 
              UNDER COLLEGE-SPONSORED HEALTH PLANS.

    (a) In General.--Title XXVII of the Public Health Service Act, as 
added by section 102(a) of the Health Insurance Portability and 
Accountability Act of 1996 (Public Law 104-191), is amended by 
inserting after section 2723 the following new section:

``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER 
              COLLEGE-SPONSORED HEALTH PLANS.

    ``(a) In General.--Subject to the succeeding provisions of this 
section, the provisions of subpart 1 shall apply to health insurance 
coverage offered in connection with a college-sponsored health plan (as 
defined in subsection (b)) in the same manner as they apply to health 
insurance coverage offered in connection with a group health plan.
    ``(b) College-Sponsored Health Plan Defined.--For purposes of this 
section, the term `college-sponsored health plan' means health benefits 
offered by or through an institution of higher education (as defined in 
section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))) 
in relation to students at the institution, but does not include 
benefits offered to such a student as a participant or beneficiary in a 
group health plan.
    ``(c) Application of Exceptions, Enforcement, Preemption; 
Definitions.--In applying subsection (a)--
            ``(1) subject to paragraph (2), the previous provisions of 
        this subpart shall apply in relation to such subsection in the 
        same manner as they apply in relation to subpart 1; and
            ``(2) in applying the other provisions of this title under 
        this section--
                    ``(A) any reference in such provisions to a group 
                health plan is deemed a reference to a college-
                sponsored health plan;
                    ``(B) any reference in such provisions to a 
                participant or beneficiary in a group health plan is 
                deemed a reference to an enrollee in a college-
                sponsored health plan; and
                    ``(C) any reference in such provisions to an 
                employee in relation to the group health plan is deemed 
                a reference to a student in relation to the college-
                sponsored health plan.''.
    (b) Clarification of Coverage Under College-Sponsored Health Plan 
as Creditable Coverage.--
            (1) Amendment to public health service act.--Section 
        2701(c)(1)(B) of the Public Health Service Act (42 U.S.C. 
        300gg(c)(1)(B)) is amended by inserting ``(including such 
        coverage under a college-sponsored health plan, as defined in 
        section 2724(b))'' after ``coverage''.
            (2) Amendment to employee retirement income security act of 
        1974.--Section 701(c)(1)(B) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by 
        inserting ``(including such coverage under a college-sponsored 
        health plan, as defined in section 2724(b) of the Public Health 
        Service Act)'' after ``coverage''.
            (3) Amendment to the internal revenue code of 1986.--
        Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is 
        amended by inserting ``(including such coverage under a 
        college-sponsored health plan, as defined in section 2724(b) of 
        the Public Health Service Act)'' after ``coverage''.
    (c) Effective Date; Transition.--
            (1) Effective date.--The amendment made by subsection (a) 
        shall apply to coverage under college-sponsored health plans 
        for students matriculating or enrolling for periods beginning 
        on or after August 1, 1997, and the amendments made by 
        subsection (b) shall be effective as if included in the 
        enactment of the corresponding provisions in the Health 
        Insurance Portability and Accountability Act of 1996 (Public 
        Law 104-191).
            (2) Crediting permitted for certain previous coverage.--
        Creditable coverage occurring on or after July 1, 1996, shall 
        be taken into account in applying section 2724(a) of the Public 
        Health Service Act.
            (3) Certifications, etc.--Insofar as the certification 
        requirements of section 2743 of the Public Health Service Act 
        are not otherwise applicable to health insurance coverage under 
        a college-sponsored health plan (as defined in subsection (b) 
        of section 2724 of such Act), subsection (e) of section 2701 of 
        the Public Health Service Act shall apply (as incorporated 
        under subsection (a) of such section 2724) to the issuer of 
        such coverage with respect to events occurring after April 7, 
        1997; but in no case is a certification required to be provided 
        under such section 2724 pursuant to such subsection (e) before 
        60 days after the date of the enactment of this Act.
                                 <all>