I 111th CONGRESS 1st Session H. R. 2831 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.

1.

Short title

This Act may be cited as the Young Adult Healthcare Coverage Act of 2009.

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:

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:

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:

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.