I 111th CONGRESS 1st Session H. R. 3821 IN THE HOUSE OF REPRESENTATIVES October 15, 2009 Mr. Deal of Georgia (for himself, Mr. Burgess, Mr. Pitts, Mr. Blunt, and Mr. Buyer) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To prevent States from limiting employers from using auto-enrollment for employee health insurance coverage.

1.

Short title

This Act may be cited as the Improved Employee Access to Health Insurance Act of 2009.

2.

Limitations on State restrictions on employer auto-enrollment

(a)

In general

No State shall establish a law that prevents an employer from instituting an auto-enrollment process for coverage of a participant or beneficiary under a group health plan, or health insurance coverage offered in connection with such a plan, so long as the participant or beneficiary has the option of declining such coverage. (b)

Construction

Nothing in this section shall be construed to supersede State law which establishes, implements, or continues in effect any standard or requirement relating to employers in connection— (1)with payroll; or— (2)the sponsoring of employer sponsored health insurance coverage, except to the extent that such standard or requirement prevents an employer from instituting the auto-enrollment process described in subsection (a).