[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2113 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2113

To amend title I of the Employee Retirement Income Security Act of 1974 
  to ensure proper disclosure to participants and beneficiaries under 
 group health plans covered under such title of limitations placed by 
  such title on certain protections that would otherwise apply under 
                               State law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1999

Mr. Snyder (for himself, Mr. Green of Texas, Mr. Frost, Mr. Olver, and 
 Mr. Hinchey) 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 ensure proper disclosure to participants and beneficiaries under 
 group health plans covered under such title of limitations placed by 
  such title on certain protections that would otherwise apply under 
                               State law.

    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 ``Group Health Plan Disclosure Act of 
1999''.

SEC. 2. NOTICE TO PARTICIPANTS AND BENEFICIARIES OF GROUP HEALTH PLANS 
              OF EFFECT OF ERISA LIMITATIONS ON PROTECTIONS OTHERWISE 
              APPLICABLE UNDER STATE LAW.

    (a) In General.--Section 102 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1022) is amended by adding at the end 
the following new subsection:
    ``(c) In the case of a group health plan (as defined in section 
733(a)(1)), the summary plan description shall include a separate 
written notice stating that--
            ``(1) the provision of Federal causes of action under this 
        title may preclude other State law causes of action against a 
        group health plan, or against a health insurance issuer 
        offering health insurance coverage in connection with a group 
        health plan, which would otherwise be available to a 
        participant or beneficiary, and
            ``(2) preemption of State laws under section 514 may 
        preclude the effectiveness of certain State mandates that would 
        otherwise apply to group health plans or plan benefits.
The plan administrator shall ensure that such a notice, meeting the 
preceding requirements of this subsection and written in a manner 
calculated to be understood by the average plan participant, is 
provided to participants and beneficiaries at least annually.''.
    (b) Daily Monetary Penalties and Other Relief for Violations.--
Section 502(c)(1) of such Act (29 U.S.C. 1132(c)(1)) is amended by 
inserting ``, section 102(c),'' after ``section 606''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to plan 
years beginning on or after January 1, 2001.
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