II 110th CONGRESS 2d Session S. 3559 IN THE SENATE OF THE UNITED STATES September 24 (legislative day, September 17), 2008 Mr. Coleman introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to ensure that third party review is available whenever health insurance coverage in the individual market is terminated.

1.

Short title

This Act may be cited as the Continuing Coverage Act of 2008.

2.

Amendment to the Public Health Service Act

Subpart 2 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–51 et seq.) is amended by adding at the end the following:

2754.

Third-party review in the case of termination

(a)

In general

A health insurance issuer offering health insurance coverage in the individual market shall ensure that, with respect to an enrollee, independent, third-party review is provided through an appropriate entity where the issuer seeks to discontinue the health insurance coverage of such enrollee. The cost of such a review shall be paid by the issuer. (b)

Notice

Not later than 30 days prior to the date on which a health insurance issuer discontinues health insurance coverage for an enrollee, the issuer shall provide such enrollee with notice of the discontinuance. Such notice shall contain a statement of the enrollees right to an external review as required under subsection (a). (c)

Submission of review to insurance commissioner

Upon completion of an external review provided for under this section, the determination with respect to the review shall be submitted to the insurance commissioner for the State involved. Such commissioner may approve the determination, overturn the determination, or require an additional independent review. (d)

Preemption

Nothing in this section shall be construed to preempt State laws that provide greater protections to enrollees than the protections provided by this section.

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