[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3115 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3115

  To amend title I of the Employee Retirement Income Security Act of 
 1974, title XXVII of the Public Health Service Act, and the Internal 
 Revenue Code of 1986 to prohibit preexisting condition exclusions for 
  children in group health plans and health insurance coverage in the 
                     group and individual markets.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2008

  Mr. Lautenberg (for himself and Mr. Brown) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend title I of the Employee Retirement Income Security Act of 
 1974, title XXVII of the Public Health Service Act, and the Internal 
 Revenue Code of 1986 to prohibit preexisting condition exclusions for 
  children in group health plans and health insurance coverage in the 
                     group and individual markets.

    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 ``Children's Health Protection Act of 
2008''.

SEC. 2. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS FOR CHILDREN 
              UNDER GROUP HEALTH PLANS.

    (a) Amendments to the Employee Retirement Income Security Act of 
1974.--Section 701(d) of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1181(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Exclusion not applicable to children.--A group health 
        plan, and a health insurance issuer offering group health 
        insurance coverage, may not impose any preexisting condition 
        exclusion in the case of an individual who has not attained 19 
        years of age.'';
            (2) by striking paragraphs (2) and (4); and
            (3) by redesignating paragraph (3) as paragraph (2).
    (b) Amendments to the Public Health Service Act.--Section 2701(d) 
of the Public Health Service Act (42 U.S.C. 300gg(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Exclusion not applicable to children.--A group health 
        plan, and a health insurance issuer offering group health 
        insurance coverage, may not impose any preexisting condition 
        exclusion in the case of an individual who has not attained 19 
        years of age.'';
            (2) by striking paragraphs (2) and (4); and
            (3) by redesignating paragraph (3) as paragraph (2).
    (c) Amendments to the Internal Revenue Code of 1986.--Subsection 
(d) of section 9801 of the Internal Revenue Code of 1986 (relating to 
exceptions) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Exclusion not applicable to children.--A group health 
        plan may not impose any preexisting condition exclusion in the 
        case of an individual who has not attained 19 years of age.'';
            (2) by striking paragraphs (2) and (4); and
            (3) by redesignating paragraph (3) as paragraph (2).
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        group health plans for plan years beginning after the end of 
        the 12th calendar month following the date of the enactment of 
        this Act.
            (2) Special rule for collective bargaining agreements.--In 
        the case of a group health plan maintained pursuant to one or 
        more collective bargaining agreements between employee 
        representatives and one or more employers ratified before the 
        date of the enactment of this Act, the amendments made by this 
        section shall not apply to plan years beginning before the 
        earlier of--
                    (A) the date on which the last of the collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of the enactment of this Act), 
                or
                    (B) 3 years after the date of the enactment of this 
                Act.
        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 the amendments made by this section shall not be 
        treated as a termination of such collective bargaining 
        agreement.

SEC. 3. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS FOR CHILDREN IN 
              HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET.

    (a) In General.--Section 2741 of the Public Health Service Act (42 
U.S.C. 300gg-41) is amended--
            (1) by redesignating the second subsection (e) (relating to 
        market requirements) and subsection (f) as subsections (f) and 
        (g), respectively; and
            (2) by adding at the end the following new subsection:
    ``(h) Prohibition of Preexisting Condition Exclusions for 
Children.--Each health insurance issuer that offers health insurance 
coverage in the individual market may not impose any preexisting 
condition exclusion (as defined in section 2701(b)(1)(A)) in the case 
of an individual who has not attained 19 years of age.''.
    (b) Conforming Amendment.--Section 2744(a)(1) of such Act (42 
U.S.C. 300gg-44(a)(1)) is amended by inserting ``(other than subsection 
(h))'' after ``section 2741''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to health insurance coverage offered, sold, issued, 
renewed, in effect, or operated in the individual market after the end 
of the 12th calendar month following the date of the enactment of this 
Act.
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