[Congressional Record Volume 161, Number 174 (Wednesday, December 2, 2015)]
[Senate]
[Page S8308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2875. Mr. JOHNSON (for himself and Mr. Gardner) proposed an 
amendment to amendment SA 2874 proposed by Mr. McConnell to the bill 
H.R. 3762, to provide for reconciliation pursuant to section 2002 of 
the concurrent resolution on the budget for fiscal year 2016; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENT TO THE PATIENT PROTECTION AND AFFORDABLE 
                   CARE ACT.

       (a) In General.--Part 2 of subtitle C of title I of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 18011 
     et seq.) is amended by striking section 1251 and inserting 
     the following:

     ``SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE.

       ``(a) No Changes to Existing Coverage.--
       ``(1) In general.--Nothing in this Act (or an amendment 
     made by this Act) shall be construed to require that an 
     individual terminate coverage under a group health plan or 
     health insurance coverage in which such individual was 
     enrolled during any part of the period beginning on the date 
     of enactment of this Act and ending on December 31, 2013.
       ``(2) Continuation of coverage.--With respect to a group 
     health plan or health insurance coverage in which an 
     individual was enrolled during any part of the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2013, this subtitle and subtitle A (and the 
     amendments made by such subtitles) shall not apply to such 
     plan or coverage, regardless of whether the individual renews 
     such coverage.
       ``(b) Allowance for Family Members To Join Current 
     Coverage.--With respect to a group health plan or health 
     insurance coverage in which an individual was enrolled during 
     any part of the period beginning on the date of enactment of 
     this Act and ending on December 31, 2013, and which is 
     renewed, family members of such individual shall be permitted 
     to enroll in such plan or coverage if such enrollment is 
     permitted under the terms of the plan in effect as of such 
     date of enrollment.
       ``(c) Allowance for New Employees To Join Current Plan.--A 
     group health plan that provides coverage during any part of 
     the period beginning on the date of enactment of this Act and 
     ending on December 31, 2013, may provide for the enrolling of 
     new employees (and their families) in such plan, and this 
     subtitle and subtitle A (and the amendments made by such 
     subtitles) shall not apply with respect to such plan and such 
     new employees (and their families).
       ``(d) Effect on Collective Bargaining Agreements.--In the 
     case of health insurance coverage maintained pursuant to one 
     or more collective bargaining agreements between employee 
     representatives and one or more employers that was ratified 
     before December 31, 2013, the provisions of this subtitle and 
     subtitle A (and the amendments made by such subtitles) shall 
     not apply until the date on which the last of the collective 
     bargaining agreements relating to the coverage terminates. 
     Any coverage amendment made pursuant to a collective 
     bargaining agreement relating to the coverage which amends 
     the coverage solely to conform to any requirement added by 
     this subtitle or subtitle A (or amendments) shall not be 
     treated as a termination of such collective bargaining 
     agreement.
       ``(e) Definition.--In this title, the term `grandfathered 
     health plan' means any group health plan or health insurance 
     coverage to which this section applies.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the Patient Protection 
     and Affordable Care Act (Public Law 111-148).
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