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119th CONGRESS
2d Session |
To amend the Employee Retirement Income Security Act of 1974 to establish a grant program to enable law students to assist participants and beneficiaries in certain civil enforcement actions, and for other purposes.
Mr. Courtney introduced the following bill; which was referred to the Committee on Education and Workforce
To amend the Employee Retirement Income Security Act of 1974 to establish a grant program to enable law students to assist participants and beneficiaries in certain civil enforcement actions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Clinics for Law students Investigating and Navigating Claims Assistance Act” or the “CLINIC Assistance Act”.
Part 5 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C.1131 et seq.) is amended by adding at the end the following:
“SEC. 525. ERISA clinics and pro bono programs.
“(a) Establishment of grant program.—The Secretary shall provide grants to eligible institutions for the purpose of planning, developing, or operating an attorney-supervised clinical program, externship, or pro bono program for law students to improve access to benefits under employee welfare benefit plans.
“(1) IN GENERAL.—An eligible institution that receives a grant under this section may use such grant to support programs through which participants and beneficiaries of employee welfare benefit plans can receive representation—
“(A) in appeals of benefit denials, including through the internal claims procedure and external review process of the plan;
“(B) in actions brought under section 502;
“(C) in actions brought against a participant or beneficiary by a health care provider or facility regarding unpaid out-of-pocket costs; and
“(D) in any other action relating to—
“(i) the enforcement of title I of this Act; and
“(ii) the receipt of benefits under employee welfare benefit plans, as determined by the Secretary.
“(2) SUPERVISORY ATTORNEYS.—In addition to the uses specified in paragraph (1), an eligible institution that receives a grant under this section may use a portion of such grant to pay the costs of providing an attorney to supervise a program supported by such grant.
“(c) Eligible institution.—In this section, the term ‘eligible institution’ means an accredited law school that is, or is operated by, an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
“(d) Application.—To be eligible to receive a grant under this section, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(e) Amount.—The Secretary may not award more than $500,000 to an eligible institution for any fiscal year.
“(1) IN GENERAL.—The Secretary shall require benefit advisors of the Employee Benefits Security Administration of the Department of Labor to coordinate with eligible institutions operating a program described in subsection (a) to assist participants and beneficiaries in challenging denied benefit claims.
“(2) INFORMATION SHARING.—Such benefit advisors may provide participants and beneficiaries with a list of eligible institutions that operate a program described in subsection (a).
“(g) Consumer assistance programs.—A program supported under subsection (b)(1) may coordinate with, and make referrals to, a State office of health insurance consumer assistance, health insurance ombudsman, or other program that carries out the duties described in section 2793(c) of the Public Health Service Act (42 U.S.C. 300gg–93(c)).
“(h) Authorization of appropriations.—There are authorized to be appropriated $5,000,000 to carry out this section for each of fiscal years 2026 through 2030.”.