[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7641 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7641

 To prohibit the inclusion of mandatory predispute arbitration clauses 
    and clauses limiting class action lawsuits in health insurance 
                               contracts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2024

Ms. Porter (for herself, Mr. Doggett, Ms. Schakowsky, and Ms. DeLauro) 
 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 prohibit the inclusion of mandatory predispute arbitration clauses 
    and clauses limiting class action lawsuits in health insurance 
                               contracts.

    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 ``Justice for Patients Act''.

SEC. 2. PROHIBITION ON MANDATORY PREDISPUTE ARBITRATION AND LIMITATIONS 
              ON CLASS ACTION LAWSUITS.

    (a) PHSA.--Part D of title XXVII of the Public Health Service Act 
(42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2799A-11. PROHIBITION ON INCLUSION OF CERTAIN REQUIREMENTS IN 
              HEALTH INSURANCE CONTRACTS.

    ``(a) Prohibition on Mandatory Predispute Arbitration.--A group 
health plan or a health insurance issuer offering group or individual 
health insurance coverage may not include in any plan provision, 
agreement, or arrangement, any predispute arbitration clause that 
requires the arbitration of any claim relating to such plan or coverage 
that otherwise may be brought by a participant or beneficiary under 
State or Federal law. Any such provisions requiring predispute 
arbitration shall have no force or effect.
    ``(b) Prohibition on Limitation of Class Actions.--A group health 
plan or issuer offering group or individual health insurance coverage 
may not include in any plan provision, agreement, or arrangement, any 
limitation on the ability of a participant or beneficiary of such plan 
or coverage to engage in a class action lawsuit relating to the 
administration of such plan or coverage that otherwise may be brought 
by a participant or beneficiary under State or Federal law..
    ``(c) Applicability.--An issue as to whether this section applies 
with respect to a dispute shall be determined under Federal law. The 
applicability of this section to an agreement to arbitrate and the 
validity and enforceability of an agreement to which this section 
applies shall be determined by a court, rather than an arbitrator, 
irrespective of whether the party resisting arbitration challenges the 
arbitration agreement specifically or in conjunction with other terms 
of the contract containing such agreement, and irrespective of whether 
the agreement purports to delegate such determinations to an 
arbitrator.''.
    (b) ERISA.--
            (1) In general.--Subpart B of part 7 of subtitle B of title 
        I of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1185 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 726. PROHIBITION ON INCLUSION OF CERTAIN REQUIREMENTS IN HEALTH 
              INSURANCE CONTRACTS.

    ``(a) Prohibition on Mandatory Predispute Arbitration.--A group 
health plan or a health insurance issuer offering group or individual 
health insurance coverage may not include in any plan provision, 
agreement, or arrangement, any predispute arbitration clause that 
requires the arbitration of any claim relating to such plan or coverage 
that otherwise may be brought by a participant or beneficiary under 
State or Federal law. Any such provisions requiring predispute 
arbitration shall have no force or effect.
    ``(b) Prohibition on Limitation of Class Actions.--A group or 
individual health plan or a health insurance issuer offering group 
health insurance coverage may not include any limitation on the ability 
of a participant or beneficiary of such plan or coverage to engage in a 
class action lawsuit relating to the administration of such plan or 
coverage that otherwise may be brought by a participant or beneficiary 
under State or Federal law.
    ``(c) Applicability.--An issue as to whether this section applies 
with respect to a dispute shall be determined under Federal law. The 
applicability of this section to an agreement to arbitrate and the 
validity and enforceability of an agreement to which this section 
applies shall be determined by a court, rather than an arbitrator, 
irrespective of whether the party resisting arbitration challenges the 
arbitration agreement specifically or in conjunction with other terms 
of the contract containing such agreement, and irrespective of whether 
the agreement purports to delegate such determinations to an 
arbitrator.''.
            (2) Clerical amendment.--The table of contents in section 1 
        of such Act is amended by adding at the end the following new 
        item:

``Sec. 726. Prohibition on inclusion of certain requirements in health 
                            insurance contracts.''.
    (c) IRC.--
            (1) In general.--Subchapter B of chapter 100 of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following new section:

``SEC. 9826. PROHIBITION ON INCLUSION OF CERTAIN REQUIREMENTS IN HEALTH 
              INSURANCE CONTRACTS.

    ``(a) Prohibition on Mandatory Predispute Arbitration.--A group 
health plan or health insurance issuer offering group or individual 
health insurance coverage may not include in any plan provision, 
agreement, or arrangement, any predispute arbitration clause that 
requires the arbitration of any claim relating to such plan or coverage 
that otherwise may be brought by a participant or beneficiary under 
State or Federal law. Any such provisions requiring predispute 
arbitration shall have no force or effect.
    ``(b) Prohibition on Limitation of Class Actions.--A group health 
plan or a health insurance issuer offering group or individual health 
insurance coverage may not include any limitation on the ability of a 
participant or beneficiary of such plan or coverage to engage in a 
class action lawsuit relating to the administration of such plan or 
coverage that otherwise may be brought by a participant or beneficiary 
under State or Federal law.
    ``(c) Applicability.--An issue as to whether this section applies 
with respect to a dispute shall be determined under Federal law. The 
applicability of this section to an agreement to arbitrate and the 
validity and enforceability of an agreement to which this section 
applies shall be determined by a court, rather than an arbitrator, 
irrespective of whether the party resisting arbitration challenges the 
arbitration agreement specifically or in conjunction with other terms 
of the contract containing such agreement, and irrespective of whether 
the agreement purports to delegate such determinations to an 
arbitrator.''.
            (2) Clerical amendment.--The table of sections for such 
        subchapter is amended by adding at the end the following new 
        item:

``Sec. 9826. Prohibition on inclusion of certain requirements in health 
                            insurance contracts.''.
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