[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3600 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3600

  To amend the Public Health Service Act to require health insurance 
  issuers to credit toward an annual deductible in case of subsequent 
 issuance of similar health insurance policy by the same issuer to the 
                              same person.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

  Mr. Engel introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to require health insurance 
  issuers to credit toward an annual deductible in case of subsequent 
 issuance of similar health insurance policy by the same issuer to the 
                              same person.

    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 ``Health Deductible Insurance Fairness 
Act of 2003''.

SEC. 2. CREDITING TOWARD ANNUAL DEDUCTIBLE IN CASE OF SUBSEQUENT 
              ISSUANCE BY SAME ISSUER.

    (a) Group Health Plans.--
            (1) Public health service act amendments.--(A) 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. STANDARD RELATING TO CREDITING TOWARD ANNUAL DEDUCTIBLE IN 
              CASE OF SUBSEQUENT ISSUANCE BY SAME ISSUER.

    ``(a) Requirement.--If a health insurance issuer offering group 
health insurance coverage imposes an annual deductible under such 
coverage with respect to an individual and the individual changes the 
coverage obtained (including a change from family to individual 
coverage) from such issuer in a year to other health insurance coverage 
that also imposes an annual deductible, the issuer shall credit toward 
the deductible for the latter coverage amounts that were credited 
toward the deductible under the former coverage during the same year.
    ``(b) Notice.--A group health plan under this part shall comply 
with the notice requirement under section 714(b) of the Employee 
Retirement Income Security Act of 1974 with respect to the requirements 
of this section as if such section applied to such plan.''.
    (b) Individual Health Insurance.--Part B of title XXVII of of such 
Act is amended by inserting after section 2752 the following new 
section:

``SEC. 2753. STANDARD RELATING TO CREDITING TOWARD ANNUAL DEDUCTIBLE IN 
              CASE OF SUBSEQUENT ISSUANCE BY SAME ISSUER.

    ``(a) In General.--The provisions of section 2707(a) 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.
    ``(b) Notice.--A health insurance issuer under this part shall 
comply with the notice requirement under section 714(b) of the Employee 
Retirement Income Security Act of 1974 with respect to the requirements 
referred to in subsection (a) as if such section applied to such issuer 
and such issuer were a group health plan.''.
    (c) Effective Dates.--
            (1) Group health insurance coverage.--Subject to paragraph 
        (3), the amendments made by subsection (a) apply with respect 
        to group health plans for plan years beginning on or after a 
        date specified by the Secretary of Health and Human Services 
        that is not later than January 1, 2005.
            (2) Individual health insurance coverage.--The amendment 
        made by subsection (b) shall apply with respect to health 
        insurance coverage offered, sold, issued, renewed, in effect, 
        or operated in the individual market on or after such date.
                                 <all>