[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2043 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2043

To amend title I of the Employee Retirement Income Security Act of 1974 
  to provide to participants and beneficiaries of group health plans 
                 access to unrestricted medical advice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 1999

  Mrs. Kelly introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend title I of the Employee Retirement Income Security Act of 1974 
  to provide to participants and beneficiaries of group health plans 
                 access to unrestricted medical advice.

    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 ``Patient Right to Unrestricted 
Medical Advice Act of 1999''.

SEC. 2. PATIENT ACCESS TO UNRESTRICTED MEDICAL ADVICE.

    (a) 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. PATIENT ACCESS TO UNRESTRICTED MEDICAL ADVICE.

    ``(a) In General.--In the case of any health care professional 
acting within the lawful scope of practice in the course of carrying 
out a contractual employment arrangement or other direct contractual 
arrangement between such professional and a group health plan or a 
health insurance issuer offering health insurance coverage in 
connection with a group health plan, the plan or issuer with which such 
contractual employment arrangement or other direct contractual 
arrangement is maintained by the professional may not impose on such 
professional under such arrangement any prohibition or restriction with 
respect to advice, provided to a participant or beneficiary under the 
plan who is a patient, about the health status of the participant or 
beneficiary or the medical care or treatment for the condition or 
disease of the participant or beneficiary, regardless of whether 
benefits for such care or treatment are provided under the plan or 
health insurance coverage offered in connection with the plan.
    ``(b) Health Care Professional Defined.--For purposes of this 
section, the term `health care professional' means a physician (as 
defined in section 1861(r) of the Social Security Act) or other health 
care professional if coverage for the professional's services is 
provided under the group health plan for the services of the 
professional. Such term includes a podiatrist, optometrist, 
chiropractor, psychologist, dentist, physician assistant, physical or 
occupational therapist and therapy assistant, speech-language 
pathologist, audiologist, registered or licensed practical nurse 
(including nurse practitioner, clinical nurse specialist, certified 
registered nurse anesthetist, and certified nurse-midwife), licensed 
certified social worker, registered respiratory therapist, and 
certified respiratory therapy technician.''.
    (b) Conforming 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. Patient access to unrestricted medical advice.''.

SEC. 3. EFFECTIVE DATE AND RELATED RULES.

    (a) In General.--The amendments made by this Act shall apply with 
respect to plan years beginning on or after January 1 of the second 
calendar year following the date of the enactment of this Act, except 
that the Secretary of Labor may issue regulations before such date 
under such amendments. The Secretary shall first issue regulations 
necessary to carry out the amendments made by this Act before the 
effective date thereof.
    (b) Limitation on Enforcement Actions.--No enforcement action shall 
be taken, pursuant to the amendments made by this Act, against a group 
health plan or health insurance issuer with respect to a violation of a 
requirement imposed by such amendments before the date of issuance of 
regulations issued in connection with such requirement, if the plan or 
issuer has sought to comply in good faith with such requirement.
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