[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2366 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2366

   To amend the Employee Retirement Income Security Act of 1974, the 
  Public Health Service Act, and the Internal Revenue Code of 1986 to 
require group and individual health insurance coverage and group health 
  plans to provide for coverage of oral cancer drugs on terms no less 
  favorable than the coverage provided for intravenously administered 
                        anticancer medications.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2009

 Mr. Higgins 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 amend the Employee Retirement Income Security Act of 1974, the 
  Public Health Service Act, and the Internal Revenue Code of 1986 to 
require group and individual health insurance coverage and group health 
  plans to provide for coverage of oral cancer drugs on terms no less 
  favorable than the coverage provided for intravenously administered 
                        anticancer medications.

    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 ``Cancer Drug Coverage Parity Act of 
2009''.

SEC. 2. PARITY IN COVERAGE FOR ORAL CANCER DRUGS.

    (a) Group Health Plans.--
            (1) ERISA.--
                    (A) The Employee Retirement Income Security Act of 
                1974 is amended by inserting after section 714 the 
                following new section:

``SEC. 715. PARITY IN COVERAGE FOR ORAL CANCER DRUGS.

    ``(a) In General.--A group health plan, and a health insurance 
issuer providing health insurance coverage in connection with a group 
health plan, that provides benefits with respect to intravenously 
administered or injected cancer medications shall provide for no less 
favorable coverage for prescribed, orally administered anticancer 
medication used to kill or slow the growth of cancerous cells. The 
coverage for such medication may be subject to annual deductibles and 
coinsurance provisions as may be applicable to intravenously 
administered or injected cancer medications under the plan or coverage. 
Written notice of the availability of such coverage shall be delivered 
to participants upon enrollment and annually thereafter.
    ``(b) Application of Notice, Prohibitions, etc.--The provisions of 
subsections (b), (c), (d), and (e)(2) of section 713 shall apply with 
respect to the coverage required by subsection (a) in the same manner 
as they apply with respect to the coverage required under such 
section.''.
                    (B) The table of contents of such Act is amended by 
                inserting after the item relating to section 714 the 
                following new item:

``Sec. 715. Parity in coverage for oral cancer drugs.''.
            (2) PHSA.--Title XXVII of the Public Health Service Act is 
        amended by inserting after section 2707 the following new 
        section:

``SEC. 2708. PARITY IN COVERAGE FOR ORAL CANCER DRUGS.

    ``(a) In General.--A group health plan, and a health insurance 
issuer providing health insurance coverage in connection with a group 
health plan, that provides benefits with respect to intravenously 
administered or injected cancer medications shall provide for no less 
favorable coverage for prescribed, orally administered anticancer 
medication used to kill or slow the growth of cancerous cells. The 
coverage for such medication may be subject to annual deductibles and 
coinsurance provisions as may be applicable to intravenously 
administered or injected cancer medications under the plan or coverage. 
Written notice of the availability of such coverage shall be delivered 
to participants upon enrollment and annually thereafter.
    ``(b) Application of Notice, Prohibitions, etc.--The provisions of 
subsections (b), (c), (d), and (e)(2) of section 713 of the Employee 
Retirement Income Security Act of 1974 shall apply with respect to the 
coverage required by subsection (a) in the same manner as they apply 
with respect to the coverage required under such section.''.
            (3) IRC.--
                    (A) Subchapter B of chapter 100 of the Internal 
                Revenue Code of 1986 is amended by adding at the end 
                the following new section:

``SEC. 9813. PARITY IN COVERAGE FOR ORAL CANCER DRUGS.

    ``(a) In General.--A group health plan that provides benefits with 
respect to intravenously administered or injected cancer medications 
shall provide for no less favorable coverage for prescribed, orally 
administered anticancer medication used to kill or slow the growth of 
cancerous cells. The coverage for such medication may be subject to 
annual deductibles and coinsurance provisions as may be applicable to 
intravenously administered or injected cancer medications under the 
plan. Written notice of the availability of such coverage shall be 
delivered to participants upon enrollment and annually thereafter.
    ``(b) Application of Notice, Prohibitions, etc.--The provisions of 
subsections (b), (c), (d), and (e)(2) of section 713 of the Employee 
Retirement Income Security Act of 1974 shall apply with respect to the 
coverage required by subsection (a) in the same manner as they apply 
with respect to the coverage required under such section.''.
                    (B) The table of sections for such subchapter is 
                amended by adding at the end the following new item:

``9813. Parity in coverage for oral cancer drugs.''.
    (b) Individual Health Insurance Coverage.--Title XXVII of the 
Public Health Service Act is amended by inserting after section 2753 
the following new section:

``SEC. 2754. PARITY IN COVERAGE FOR ORAL CANCER DRUGS.

    ``The provisions of section 2708 shall apply to health insurance 
coverage offered by a health insurance issuer in the individual market 
in the same manner as they apply to health insurance coverage offered 
by a health insurance issuer in connection with a group health plan in 
the small or large group market.''.
    (c) Effective Date.--
            (1) Group health plans.--The amendments made by subsection 
        (a) shall apply with respect to group health plans for plan 
        years beginning after the date that is 1 year after the date of 
        enactment of this Act.
            (2) Individual health insurance coverage.--The amendment 
        made by subsection (b) shall apply with respect to health 
        insurance coverage offered, sold, issued, renewed, in effect, 
        or operated in the individual market after the date that is 1 
        year after the date of enactment of this Act.
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