[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5568 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5568

 To encourage employer selection of freedom-of-choice health coverage.


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                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2000

   Mr. DeMint (for himself, Mr. Armey, Mr. Cooksey, and Mr. Toomey) 
 introduced the following bill; which was referred to the Committee on 
 Education and the Workforce, and in addition to the Committee on Ways 
 and Means, 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 encourage employer selection of freedom-of-choice health coverage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Patients' Declaration of 
Independence Act of 2000''.

SEC. 2. FREEDOM OF CHOICE FOR EMPLOYEES.

    (a) Employer Freedom From Liability.--In the case of a group health 
plan that is a freedom-of-choice plan with respect to a participant or 
beneficiary--
            (1) an employer maintaining the plan shall not be liable 
        pursuant to any cause of action relating to the provision of 
        (or failure to provide, or manner of provision of) benefits 
        under any health insurance coverage that may be secured by such 
        participant or beneficiary in connection with the plan, and
            (2) there shall be no right of recovery, indemnity, or 
        contribution by a person against such an employer (or an 
        employee of such such an employer acting within the scope of 
        employment) for damages assessed against the person pursuant to 
        any such cause of action.
For purposes of title I of the Employee Retirement Income Security Act 
of 1974, any such employer (and any such employee) shall not be 
considered a fiduciary of the plan.
    (b) Freedom-of-Choice Plan Defined.--For purposes of this section, 
a freedom-of-choice group health plan described in this subsection, 
with respect to a participant or beneficiary, is a group health plan 
that--
            (1) provides benefits on behalf of the participant or 
        beneficiary only in the form of a contribution towards the cost 
        of health insurance coverage that meets the applicable 
        requirements of law;
            (2) does not impose any restriction with respect to such 
        coverage, including the benefits available under such coverage, 
        the health insurance issuer that offers such coverage, and the 
        selection of such coverage; and
            (3) provides that the participant (and not the employer or 
        plan) is the owner of the health insurance coverage.
For purposes of the Internal Revenue Code of 1986, a contribution 
described in paragraph (1) shall be treated as employer-provided 
coverage under a health plan.
    (c) Additional Definitions.--The definitions contained in section 
2791 of the Public Health Service Act shall apply for purposes of this 
section.
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