[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      November 8, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
497) entitled ``An Act to repeal the Federal charter of Group 
Hospitalization and Medical Services, Inc., and for other purposes.'', 
do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. CHARTER FOR GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC.

    The Act entitled ``An Act providing for the incorporation of 
certain persons as Group Hospitalization and Medical Services, Inc.'', 
approved August 11, 1939, is amended--
            (1) by inserting after section 9 the following new section:
    ``Sec. 10. The corporation may have 1 class of members, consisting 
of at least 1 member and not more than 30 members, as determined 
appropriate by the board of trustees. The bylaws for the corporation 
shall prescribe the designation of such class as well as the rights, 
privileges and qualifications of such class, which may include, but 
shall not be limited to--
            ``(1) the manner of election, appointment or removal of a 
        member of the corporation;
            ``(2) matters on which a member of the corporation has the 
        right to vote; and
            ``(3) meeting, notice, quorum, voting and proxy 
        requirements and procedures.
If a member of the corporation is a corporation, such member shall be a 
nonprofit corporation.'';
            (2) by redesignating section 10 as section 11; and
            (3) by adding at the end of section 11 (as so redesignated) 
        the following: ``The corporation may not be dissolved without 
        approval by Congress.''.

SEC. 2. CONSISTENT COVERAGE FOR INDIVIDUALS ENROLLED IN A HEALTH PLAN 
              ADMINISTERED BY THE FEDERAL BANKING AGENCIES.

    (a) Enrollment in Chapter 89 Plan.--For purposes of chapter 89 of 
title 5, United States Code, any period of enrollment shall be deemed 
to be a period of enrollment in a health benefits plan under chapter 89 
of such title, if such enrollment is--
            (1) in a health benefits plan administered by the Federal 
        Deposit Insurance Corporation before the termination of such 
        plan on January 3, 1998; or
            (2) subject to subsection (c), in a health benefits plan 
        (not under chapter 89 of such title) with respect to which the 
        eligibility of any employees or retired employees of the Board 
        of Governors of the Federal Reserve System terminates on 
        January 3, 1998.
    (b) Enrollment; Continued Coverage.--
            (1) Enrollment.--Subject to subsection (c), any individual 
        who, on January 3, 1998, is enrolled in a health benefits plan 
        described in paragraph (1) or (2) of subsection (a) may enroll 
        in an approved health benefits plan under chapter 89 of title 
        5, United States Code, either as an individual or for self and 
        family, if, after taking into account the provisions of 
        subsection (a), such individual--
                    (A) meets the requirements of that chapter 89 for 
                eligibility to become so enrolled as an employee, 
                annuitant, or former spouse (within the meaning of that 
                chapter); or
                    (B) would meet the requirements of that chapter 89 
                if, to the extent such requirements involve either 
                retirement system under such title 5, such individual 
                satisfies similar requirements or provisions of the 
                Retirement Plan for Employees of the Federal Reserve 
                System.
            (2) Determinations.--Any determination under paragraph 
        (1)(B) shall be made under guidelines established by the Office 
        of Personnel Management in consultation with the Board of 
        Governors of the Federal Reserve System.
            (3) Continued coverage.--Subject to subsection (c), any 
        individual who, on January 3, 1998, is entitled to continued 
        coverage under a health benefits plan described in paragraph 
        (1) or (2) of subsection (a) shall be deemed to be entitled to 
        continued coverage under section 8905a of title 5, United 
        States Code, but only for the same remaining period as would 
        have been allowable under the health benefits plan in which 
        such individual was enrolled on January 3, 1998, if--
                    (A) the individual had remained enrolled in that 
                plan; and
                    (B) that plan did not terminate, or the eligibility 
                of such individual with respect to that plan did not 
                terminate, as described in subsection (a).
            (4) Comparable treatment.--Subject to subsection (c), any 
        individual (other than an individual under paragraph (3)) who, 
        on January 3, 1998, is covered under a health benefits plan 
        described in paragraph (1) or (2) of subsection (a) as an 
        unmarried dependent child, but who does not then qualify for 
        coverage under chapter 89 of title 5, United States Code, as a 
        family member (within the meaning of that chapter) shall be 
        deemed to be entitled to continued coverage under section 8905a 
        of that title, to the same extent and in the same manner as if 
        such individual had, on January 3, 1998, ceased to meet the 
        requirements for being considered an unmarried dependent child 
        of an enrollee under such chapter.
            (5) Effective date.--Coverage under chapter 89 of title 5, 
        United States Code, pursuant to an enrollment under this 
        section shall become effective on January 4, 1998.
    (c) Eligibility for FEHBP Limited to Individuals Losing Eligibility 
Under Former Health Plan.--Nothing in subsection (a)(2) or any 
paragraph of subsection (b) (to the extent that paragraph relates to 
the plan described in subsection (a)(2)) shall be considered to apply 
with respect to any individual whose eligibility for coverage under the 
plan does not involuntarily terminate on January 3, 1998.
    (d) Transfers to the Employees Health Benefits Fund.--The Federal 
Deposit Insurance Corporation and the Board of Governors of the Federal 
Reserve System shall transfer to the Employees Health Benefits Fund, 
under section 8909 of title 5, United States Code, amounts determined 
by the Director of the Office of Personnel Management, after 
consultation with the Federal Deposit Insurance Corporation and the 
Board of Governors of the Federal Reserve System, to be necessary to 
reimburse the Fund for the cost of providing benefits under this 
section not otherwise paid for by the individuals covered by this 
section. The amounts so transferred shall be held in the Fund and used 
by the Office of Personnel Management in addition to amounts available 
under section 8906(g)(1) of title 5, United States Code.
    (e) Administration and Regulations.--The Office of Personnel 
Management--
            (1) shall administer the provisions of this section to 
        provide for--
                    (A) a period of notice and open enrollment for 
                individuals affected by this section; and
                    (B) no lapse of health coverage for individuals who 
                enroll in a health benefits plan under chapter 89 of 
                title 5, United States Code, in accordance with this 
                section; and
            (2) may prescribe regulations to implement this section.
            Amend the title so as to read: ``An Act to amend the 
        Federal charter for Group Hospitalization and Medical Services, 
        Inc., and for other purposes.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 497

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                               AMENDMENTS