[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2831 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2831

 To amend the Employee Retirement Income Security Act of 1974 and the 
    Public Health Service Act to require the option of extension of 
dependent coverage for unmarried, uninsured children under 30 years of 
  age under group health plans and under group and individual health 
                          insurance coverage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2009

Mrs. Dahlkemper (for herself, Mr. Lance, Mr. Brady of Pennsylvania, Mr. 
 Connolly of Virginia, Mr. Dent, Mr. Scott of Virginia, Mr. Himes, and 
  Mr. Sires) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Education and Labor, 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 and the 
    Public Health Service Act to require the option of extension of 
dependent coverage for unmarried, uninsured children under 30 years of 
  age under group health plans and under group and individual health 
                          insurance coverage.

    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 ``Young Adult Healthcare Coverage Act 
of 2009''.

SEC. 2. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR 
              CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.

    (a) Under Group Health Plans.--
            (1) Employee retirement income security act of 1974 
        amendments.--
                    (A) In general.--The Employee Retirement Income 
                Security Act of 1974 is amended by inserting after 
                section 703 the following new section:

``SEC. 704. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR 
              CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.

    ``(a) In General.--A group health plan and a health insurance 
issuer offering health insurance coverage in connection with a group 
health plan that provides coverage for dependent children shall make 
available such coverage, at the option of the participant involved, for 
one or more qualified children (as defined in subsection (b)) of the 
participant.
    ``(b) Qualified Child Defined.--In this section, the term 
`qualified child' means, with respect to a participant in a group 
health plan or group health insurance coverage, an individual who (but 
for age) would be treated as a dependent child of the participant under 
such plan or coverage and who--
            ``(1) is under 30 years of age;
            ``(2) is not married;
            ``(3) has no dependents;
            ``(4) is a citizen or national of the United States; and
            ``(5) is not provided coverage as a participant, 
        beneficiary, or enrollee (other than under this section) under 
        any other creditable coverage (as defined in section 
        701(c)(1)).
    ``(c) Premiums.--Nothing in this section shall be construed as 
preventing a group health plan or health insurance issuer with respect 
to group health insurance coverage from increasing the premiums 
otherwise required for coverage provided under this section.''.
                    (B) Clerical amendment.--The table of contents of 
                such Act is amended by inserting after the item 
                relating to section 703 the following new item:

``704. Requiring the option of extension of dependent coverage for 
                            certain unmarried young adults.''.
            (2) PHSA.--Title XXVII of the Public Health Service Act is 
        amended by inserting after section 2702 the following new 
        section:

``SEC. 2703. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE 
              FOR CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.

    ``The provisions of section 704 of the Employee Retirement Income 
Security Act of 1974 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.''.
    (b) Individual Health Insurance Coverage.--Title XXVII of the 
Public Health Service Act is amended by inserting after section 2745 
the following new section:

``SEC. 2746. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE 
              FOR CERTAIN UNMARRIED YOUNG ADULTS.

    ``The provisions of section 2703 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 Dates.--
            (1) Group health plans.--
                    (A) In general.--The amendments made by subsection 
                (a) shall apply to group health plans for plan years 
                beginning on or after the date that is 90 days after 
                the date of enactment of this Act.
                    (B) Special rule for collective bargaining 
                agreements.--In the case of a group health plan 
                maintained pursuant to 1 or more collective bargaining 
                agreements between employee representatives and 1 or 
                more employers, 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 an amendment made by subsection 
                (a) shall not be treated as a termination of such 
                collective bargaining agreement.
            (2) Individual health insurance coverage.--Section 2746 of 
        the Public Health Service Act, as inserted 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 first day of the first month that begins more 
        than 90 days after the date of the enactment of this Act.
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