[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3299 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3299

   To amend title XXVII of the Public Health Service Act to apply to 
 retiree-only health plans the extension of dependent health coverage 
  for individuals through 26 years of age provided for by the Patient 
                  Protection and Affordable Care Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2011

    Mr. Hinchey (for himself, Mr. Filner, Mr. Clay, Mr. Jackson of 
     Illinois, Mr. Rangel, Ms. Slaughter, Ms. Moore, and Mr. Holt) 
 introduced the following bill; which was referred to the Committee on 
  Energy and Commerce, and in addition to the Committees on Ways and 
Means and Education and the Workforce, 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 title XXVII of the Public Health Service Act to apply to 
 retiree-only health plans the extension of dependent health coverage 
  for individuals through 26 years of age provided for by the Patient 
                  Protection and Affordable Care Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPLICATION OF DEPENDENT HEALTH COVERAGE EXTENSION UNDER 
              PPACA TO RETIREE-ONLY HEALTH PLANS.

    (a) In General.--Section 2714 of the Public Health Service Act (42 
U.S.C. 300gg-14) is amended--
            (1) in subsection (a), by inserting ``(including a group 
        health plan and health insurance coverage described in 
        subsection (d))'' after ``health insurance coverage''; and
            (2) by adding at the end the following new subsection:
    ``(d) Retiree-Only Plans.--A group health plan and health insurance 
coverage described in this subsection, with respect to a plan year, is 
a group health plan (and group health insurance coverage offered in 
connection with a group health plan) that on the first day of such plan 
year does not have any participants who are current employees.''.
    (b) Conforming Amendments.--
            (1) ERISA.--Section 732(a) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by 
        inserting ``and section 2714 of the Public Health Service Act, 
        as made applicable by section 715'' after ``other than section 
        711''.
            (2) IRC.--Section 9831(a)(2) of the Internal Revenue Code 
        of 1986 is amended by inserting ``in the case of any such 
        requirements other than section 2714 of the Public Health 
        Service Act, as made applicable by section 9815,'' before ``any 
        group health plan''.
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