I 111th CONGRESS 1st Session H. R. 4019 IN THE HOUSE OF REPRESENTATIVES November 4, 2009 Mr. Deal of Georgia (for himself, Mr. Burgess, Mr. Buyer, and Mr. Blunt) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to limit preexisting condition exclusions in the individual health insurance market to those permitted in the group health insurance market.

1.

Limiting preexisting condition exclusions in the individual health insurance market to those permitted in the group health insurance market

(a)

In general

Section 2741 of the Public Health Service Act (42 U.S.C. 300gg–41) is amended— (1)by redesignating the second subsection (e) (relating to market requirements) and subsection (f) as subsections (f) and (g), respectively; and (2)by adding at the end the following new subsection: (h)

Application of group health insurance limitations on imposition of preexisting condition exclusions

A health insurance issuer that provides individual health insurance coverage may impose a preexisting condition exclusion (as defined in subsection (b)(1)(A) of section 2701) with respect to such coverage only to the extent the issuer may impose such a condition if such coverage were group health insurance coverage under such section. . (b)

Conforming amendment

Section 2744(a)(1) of such Act (42 U.S.C. 300gg–44(a)(1)) is amended by inserting (other than subsection (h)) after section 2741. (c)

Effective date

The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market beginning after the end of the 6th calendar month beginning after the date of the enactment of this Act.