[Congressional Record Volume 145, Number 118 (Monday, September 13, 1999)]
[Extensions of Remarks]
[Page E1855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    FEDERAL EMPLOYEES HEALTH BENEFITS CHILDREN'S EQUITY ACT OF 1999

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                       Monday, September 13, 1999

  Mr. CUMMINGS. Mr. Speaker, I am pleased to introduce, along with 
Representatives Eleanor Holmes Norton and Connie Morella, the ``Federal 
Employees Health Benefits Children's Equity Act of 1999.''
  The Omnibus Budget Reconciliation Act of 1993 required States to 
enact legislation requiring employers to enroll a child in an 
employee's group health plan when a court orders the employee to 
provide health insurance for the child but the employee fails to do so. 
The Federal Employee Health Benefits (FEHB) law provided that a Federal 
employee ``may enroll'' in a FEHB plan ``either as an individual or for 
self and family'' coverage. The law does not allow an employing agency 
to elect coverage on the employee's behalf. Further, FEHB law generally 
preempts State law with regard to coverage and benefits. Therefore, a 
federal agency is unable to ensure that a child is covered in 
accordance with a court order, even when the same order would ensure 
coverage for the child if the child's parent were employed by an 
employer other than the federal government.
  To correct this inequity, my proposal would enable the federal 
government to enroll an employee and his or her family in the FEHB 
Program when a State court orders the employee to provide health 
insurance coverage for a child of the employee. If the affected 
employee is already enrolled for self-only coverage, the employing 
agency would be authorized to change the enrollment to self and family. 
If the affected employee is not enrolled in the FEHB Program, the 
employing agency would be required to enroll him or her under the 
standard option of the Service Benefit Plan, Blue Cross Blue Shield.
  Finally, the employee would be barred from discontinuing the self and 
family enrollment as long as the court order remains in effect, the 
child meets the statutory definition of family member, and the employee 
cannot show that the child has other insurance.
  I am very pleased about the broad constituency that supports my 
proposal. Among the groups that have offered support for the change are 
the American Payroll Association, which represents employers, the 
Center for Law and Social Policy, which represents the rights of 
indigent parents and several state child support program officials.
  I am also pleased to introduce this important legislation during 
National Payroll Week--September 13-17--and to have the support of 
those who are key to the wage and medical support withholding process.
  Please join me and Representatives Eleanor Holmes Norton and Connie 
Morella in cosponsoring this worthwhile measure. It will help our 
efforts to ensure that our children have access to needed health 
insurance coverage.

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