109 HR 490 IH: Small Business Healthcare Savings Act U.S. House of Representatives 2005-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 490 IN THE HOUSE OF REPRESENTATIVES February 1, 2005 Mr. Pence (for himself, Mr. Sessions, Mr. Ryun of Kansas, Mr. Tancredo, Mr. Garrett of New Jersey, Mr. Franks of Arizona, Mr. Jones of North Carolina, Mr. Terry, Mr. Wilson of South Carolina, Mr. King of Iowa, Mr. Paul, Mr. Flake, Mr. Doolittle, Mr. Miller of Florida, Mr. Hostettler, Mr. Sensenbrenner, Mrs. Northup, Mr. Barrett of South Carolina, and Mr. Souder) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to improve the affordability of health insurance coverage for small employers.

1.

Short title

This Act may be cited as the Small Business Healthcare Savings Act.

2.

Repeal of guaranteed issue in small group market

(a)

In general

Subsection (a) of section 2711 of the Public Health Service Act (42 U.S.C. 300gg–11) is amended by striking in a State_ and all that follows through must accept for enrollment and inserting in a State must accept for enrollment. (b)

Effective dates

(1)

In general

Subject to paragraph (2), the amendments made by subsection (a) shall apply with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning on or after January 1, 2006 (in this subsection referred to as the general effective date) and also shall apply to portions of plan years occurring on and after such date. (2)

Treatment of collective bargaining agreements

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 by this Act shall not apply to plan years beginning before the later of— (A)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 (B)the general effective date.For purposes of subparagraph (A), 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 this section shall not be treated as a termination of such collective bargaining agreement.