[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6908 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6908

 To require that limitations and restrictions on coverage under group 
  health plans be timely disclosed to group health plan sponsors and 
timely communicated to participants and beneficiaries under such plans 
                in a form that is easily understandable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2008

Mr. Burgess (for himself and Mr. Stupak) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
 addition to the Committees on Education and Labor and 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 require that limitations and restrictions on coverage under group 
  health plans be timely disclosed to group health plan sponsors and 
timely communicated to participants and beneficiaries under such plans 
                in a form that is easily understandable.

    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 Insurance Source of Injury 
Clarification Act of 2008''.

SEC. 2. DISCLOSURE REQUIREMENTS.

    (a) ERISA.--Section 702(a)(2)(B) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1182(a)(2)(B)) is amended by inserting 
before the period at the end the following: ``so long as--
                            ``(i) such limitations and restrictions are 
                        explicit and clear;
                            ``(ii) in the case of such limitations and 
                        restrictions in health insurance coverage 
                        offered in connection with the group health 
                        plan, such limitations and restrictions have 
                        been disclosed to the plan sponsor in advance 
                        of the point of sale to the plan;
                            ``(iii) the plan sponsor and the issuer of 
                        the health insurance coverage make available, 
                        to participants and beneficiaries in the plan 
                        in advance of the point of their enrollment 
                        under the plan, a description of such 
                        limitations and restrictions in a form that is 
                        easily understandable by such participants and 
                        beneficiaries; and
                            ``(iv) the plan sponsor and the issuer of 
                        the coverage provide such description to 
                        participants and beneficiaries upon their 
                        enrollment under the plan''.
    (b) PHSA.--Section 2702(a)(2)(B) of the Public Health Service Act 
(42 U.S.C. 300gg-1(a)(2)(B)) is amended by inserting before the period 
at the end the following: ``so long as--
                            ``(i) such limitations and restrictions are 
                        explicit and clear;
                            ``(ii) in the case of such limitations and 
                        restrictions in health insurance coverage 
                        offered in connection with the group health 
                        plan, such limitations and restrictions have 
                        been disclosed to the plan sponsor in advance 
                        of the point of sale to the plan;
                            ``(iii) the plan sponsor and the issuer of 
                        the group health insurance coverage make 
                        available, to participants and beneficiaries in 
                        the plan in advance of the point of their 
                        enrollment under the plan, a description of 
                        such limitations and restrictions in a form 
                        that is easily understandable by such 
                        participants and beneficiaries; and
                            ``(iv) the plan sponsor and the issuer of 
                        the coverage provides such description to 
                        participants and beneficiaries upon their 
                        enrollment under the plan''.
    (c) Internal Revenue Code.--Section 9802(a)(2)(B) of the Internal 
Revenue Code of 1986 is amended by inserting before the period at the 
end the following: ``so long as--
                            ``(i) such limitations and restrictions are 
                        explicit and clear;
                            ``(ii) the group health plan makes 
                        available, to participants and beneficiaries in 
                        the plan in advance of the point of their 
                        enrollment under the plan, a description of 
                        such limitations and restrictions in a form 
                        that is easily understandable by such 
                        participants and beneficiaries; and
                            ``(iii) the plan provides such description 
                        to participants and beneficiaries upon their 
                        enrollment under the plan''.
    (d) Effective Date.--The amendments made by this Act shall apply 
with respect to plan years beginning after 1 year after the date of the 
enactment of this Act.
                                 <all>