II 110th CONGRESS 2d Session S. 3115 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.

1.

Short title

This Act may be cited as the Children’s Health Protection Act of 2008.

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.

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.