[Congressional Record Volume 160, Number 112 (Thursday, July 17, 2014)]
[Senate]
[Page S4622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Begich, and Ms. Hirono):
  S. 2629. A bill to require employers to notify employees and 
prospective employees of exemptions from otherwise required coverage of 
health services under group health plans; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2629

       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 ``Preventive Care Coverage 
     Notification Act''.

     SEC. 2. PROVIDING INFORMATION TO EMPLOYEES AND PROSPECTIVE 
                   EMPLOYEES.

       (a) Development of Standards.--With respect to an employer 
     (other than an organization that is organized and operates as 
     a nonprofit entity and is referred to in section 
     6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 
     1986) that establishes or maintains a group health plan 
     (other than a grandfathered health plan as defined in section 
     1251 of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18011)) for its employees, the Secretary of Health and 
     Human Services, the Secretary of Labor, and the Secretary of 
     the Treasury shall jointly develop standards that require the 
     employer to provide notice to current and prospective 
     employees if the employer is exempted or excepted from 
     covering health services otherwise required to be covered 
     pursuant to title XXVII of the Public Health Service Act 
     (including preventive health services required under section 
     2713 of such Act). Such notice shall include a description of 
     the specific items and services that are not covered under 
     such plan as a result of such exemption or exception. Such 
     standards shall require that any notice provided under this 
     subsection be provided by the employer to employees and 
     prospective employees in a timely and easily understandable 
     manner.
       (b) Informing Employees of Limitations on Coverage.--With 
     respect to the notice required under subsection (a), an 
     employer shall be deemed to be in compliance with the 
     requirements of such section if the employer is an eligible 
     organization as defined in, and provides for the notice in 
     accordance with, regulations issued pursuant to section 2713 
     of the Public Health Service Act (42 U.S.C. 300gg-13).
       (c) Enforcement.--The provisions of this section shall 
     apply to employers acting as plan sponsors, group health 
     plans, and health insurance issuers as if enacted in the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), the Public Health Service Act (42 U.S.C. 201 
     et seq.), and the Internal Revenue Code of 1986. Any failure 
     by an employer acting as a plan sponsor, a group health plan, 
     or a health insurance issuer to comply with the provisions of 
     this Act shall be subject to enforcement through part 5 of 
     subtitle B of title I of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1131 et seq.), section 2723 
     of the Public Health Service Act (42 U.S.C. 300gg-22), and 
     section 4980D of the Internal Revenue Code of 1986.
       (d) Application.--This section shall apply to plan years 
     beginning on or after July 1, 2014.

                          ____________________