[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2021 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2021

To amend title I of the Employee Retirement Income Security Act of 1974 
   and title XXVII of the Public Health Service Act to require group 
health plans and health insurance issuers to provide coverage for human 
                       leukocyte antigen testing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1999

 Mr. Kennedy of Rhode Island (for himself and Mr. Brown of California) 
 introduced the following bill; which was referred to the Committee on 
    Commerce, and in addition to the Committee on 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 title I of the Employee Retirement Income Security Act of 1974 
   and title XXVII of the Public Health Service Act to require group 
health plans and health insurance issuers to provide coverage for human 
                       leukocyte antigen testing.

    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 ``Bone Marrow Blood Testing Coverage 
Act of 1999''.

SEC. 2. COVERAGE OF HUMAN ANTIGEN TESTING.

    (a) Amendments to the Employee Retirement Income Security Act of 
1974.--
            (1) In general.--Subpart B of part 7 of subtitle B of title 
        I of the Employee Retirement Income Security Act of 1974 is 
        amended by adding at the end the following new section:

``SEC. 714. COVERAGE OF HUMAN ANTIGEN TESTING.

    ``(a) Requirement.--A group health plan, and a health insurance 
issuer offering group health insurance coverage, may not deny coverage 
and payment for human antigen testing if--
            ``(1) the testing is provided by an entity that is licensed 
        under the Clinical Laboratory Improvement Act of 1967 (42 
        U.S.C. 263a) and accredited by the American Association of 
        Blood Banks; and
            ``(2) the participant or beneficiary undergoing such 
        testing signs an informed consent which allows the results of 
        the test to be used for participation in the National Marrow 
        Donor Registry established under section 274k of title 42, 
        United States Code.
    ``(b) Definition.--For purposes of this section, the term ``human 
antigen testing'' means human leukocyte antigen testing for A,B, and DR 
antigens for utilization in bone marrow transplantation.''.
            (2) Conforming amendment.--Section 732(a) of such Act (29 
        U.S.C. 1191a(a)) is amended by striking ``section 711'' and 
        inserting ``sections 711 and 714''.
            (3) Clerical amendment.--The table of contents in section 1 
        of such Act is amended by adding at the end of the items 
        relating to subpart B of part 7 of subtitle B of title I of 
        such Act the following new item:

``Sec. 714. Coverage of human antigen testing.''.
    (b) Amendments to the Public Health Service Act.--
            (1) Group health insurance coverage.--Subpart 2 of part A 
        of title XXVII of the Public Health Service Act is amended by 
        adding at the end the following new section:

``SEC. 2707. COVERAGE OF HUMAN ANTIGEN TESTING.

    ``(a) Requirement.--A group health plan, and a health insurance 
issuer offering group health insurance coverage, may not deny coverage 
and payment for human antigen testing if--
            ``(1) the testing is provided by an entity that is licensed 
        under the Clinical Laboratory Improvement Act of 1967 (42 
        U.S.C. 263a) and accredited by the American Association of 
        Blood Banks; and
            ``(2) the participant or beneficiary undergoing such 
        testing signs an informed consent which allows the results of 
        the test to be used for participation in the National Marrow 
        Donor Program.
    ``(b) Definition.--For purposes of this section, the term ``human 
antigen testing'' means human leukocyte antigen testing for A,B, and DR 
antigens for utilization in bone marrow transplantation.''.
            (2) Individual health insurance coverage.--Part B of title 
        XXVII of such Act is amended by inserting after section 2752 
        the following new section:

``SEC. 2753. COVERAGE OF HUMAN ANTIGEN TESTING.

    ``The provisions of section 2707 shall apply to health insurance 
coverage offered by a health insurance issuer in the individual market 
in the same manner as they apply to health insurance coverage offered 
by a health insurance issuer in connection with a group health plan in 
the small or large group market.''.
    (c) Effective Dates and Related Rules.--
            (1) Group health plans and group health insurance 
        coverage.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by subsections (a) and (b)(1) apply 
                with respect to group health plans for plan years 
                beginning on or after the first day of the first month 
                that begins more than 1 year after the date of the 
                enactment of this Act.
                    (B) Collective bargaining exception.--In the case 
                of a group health plan maintained pursuant to 1 or more 
                collective bargaining agreements between employee 
                representatives and 1 or more employers ratified before 
                the date of enactment of this Act, the amendments made 
                subsections (a) and (b)(1) shall not apply to plan 
                years beginning before the later of--
                            (i) the date on which the last collective 
                        bargaining agreements relating to the plan 
                        terminates (determined without regard to any 
                        extension thereof agreed to after the date of 
                        enactment of this Act), or
                            (ii) the first day described in 
                        subparagraph (A).
                For purposes of clause (i), any plan amendment made 
                pursuant to a collective bargaining agreement relating 
                to the plan which amends the plan solely to conform to 
                any requirement added by subsection (a) or (b)(1) shall 
                not be treated as a termination of such collective 
                bargaining agreement.
            (2) Individual health insurance coverage.--The amendment 
        made by subsection (b)(2) applies with respect to health 
        insurance coverage offered, sold, issued, renewed, in effect, 
        or operated in the individual market on or after the first day 
        of the first month that begins more than 1 year after the date 
        of the enactment of this Act.
            (3) Limitation on enforcement actions.--No enforcement 
        action shall be taken, pursuant to the amendments made by this 
        section, against a group health plan or health insurance issuer 
        with respect to a violation of a requirement imposed by such 
        amendments, and no penalty shall be imposed on any failure by 
        such plan to comply with any requirement imposed by such 
        amendments, to the extent that violation or failure occurs 
        before the date of issuance of final regulations issued in 
        connection with such requirement, if the plan or issuer has 
        sought to comply in good faith with such requirement.

SEC. 3. COORDINATION OF ADMINISTRATION.

    The Secretary of Labor and the Secretary of Health and Human 
Services shall ensure, through the execution of an interagency 
memorandum of understanding among such Secretaries, that--
            (1) regulations, rulings, and interpretations issued by 
        such Secretaries relating to the same matter over which both 
        such Secretaries have responsibility under the provisions of 
        this Act (and the amendments made thereby) are administered so 
        as to have the same effect at all times; and
            (2) coordination of policies relating to enforcing the same 
        requirements through such Secretaries in order to have a 
        coordinated enforcement strategy that avoids duplication of 
        enforcement efforts and assigns priorities in enforcement.
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