[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5321 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5321

To amend the Public Health Service Act to limit rescissions of coverage 
 under health plans in the individual and group market, contingent on 
   the enactment of legislation repealing the Patient Protection and 
              Affordable Care Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2014

 Mr. Benishek 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 rescissions of coverage 
 under health plans in the individual and group market, contingent on 
   the enactment of legislation repealing the Patient Protection and 
              Affordable Care Act, and for other purposes.

    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 ``Protecting Insurance Coverage for 
Sick Americans Act of 2014''.

SEC. 2. PROHIBITION ON RESCISSIONS.

    (a) Group Market.--Subpart 1 of part A of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg et seq.) is amended by adding at 
the end the following:

``SEC. 2703. PROHIBITION ON RESCISSIONS.

    ``A group health plan and a health insurance issuer offering group 
health insurance coverage shall not rescind such plan or coverage with 
respect to an enrollee once the enrollee is covered under such plan or 
coverage involved, except that this section shall not apply to a 
covered individual who has performed an act or practice that 
constitutes fraud or makes an intentional misrepresentation of material 
fact as prohibited by the terms of the plan or coverage. Such plan or 
coverage may not be cancelled except with prior notice to the enrollee, 
and only as permitted under section 2712(b).''.
    (b) Individual Market.--Subpart 1 of part B of title XXVII of the 
Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by 
adding at the end the following:

``SEC. 2747. PROHIBITION ON RESCISSIONS.

    ``The provisions of section 2703 shall apply to health insurance 
coverage offered to individuals by a health insurance issuer in the 
individual market in the same manner as it applies to health insurance 
coverage offered by a health insurance issuer in the group market.''.
    (c) Effective Date Contingent on Repeal of PPACA.--
            (1) In general.--Subsections (a) and (b) and the amendments 
        made by such subsections shall take effect upon the enactment 
        of PPACA repeal legislation described in paragraph (2) and such 
        subsections and amendments shall have no force or effect if 
        such PPACA repeal legislation is not enacted.
            (2) PPACA repeal legislation described.--For purposes of 
        paragraph (1), PPACA repeal legislation described in this 
        paragraph is legislation that--
                    (A) repeals Public Law 111-148, and restores or 
                revives the provisions of law amended or repealed, 
                respectively, by such Act as if such Act had not been 
                enacted and without further amendment to such 
                provisions of law; and
                    (B) repeals title I and subtitle B of title II of 
                the Health Care and Education Reconciliation Act of 
                2010 (Public Law 111-152), and restores or revives the 
                provisions of law amended or repealed, respectively, by 
                such title or subtitle, respectively, as if such title 
                and subtitle had not been enacted and without further 
                amendment to such provisions of law.
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