[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 729. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCEPTION FOR CERTAIN SMALL GROUP HEALTH PLANS.

       (a) Internal Revenue Code.--Section 9831(a) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following flush sentence:
     ``A governmental plan shall be deemed to satisfy paragraph 
     (2) if such plan has 2 or more participants who are current 
     employees, and (A) such current employees retired from an 
     employer and were subsequently hired by a different employer, 
     and (B) such plan requires that participants be enrolled in 
     the Medicare program under part A of title XVIII of the 
     Social Security Act.''.
       (b) ERISA.--Section 732(a) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended 
     by adding at the end the following: ``A governmental plan 
     shall be deemed to satisfy this subsection if such plan has 2 
     or more participants who are current employees and (1) such 
     current employees retired from an employer and were 
     subsequently hired by a different employer, and (2) such plan 
     requires that participants be enrolled in the Medicare 
     program under part A of title XVIII of the Social Security 
     Act.''.
       (c) Public Health Service Act.--Section 2722 of the Public 
     Health Service Act (42 U.S.C. 300gg-21) is amended by adding 
     at the end the following:
       ``(e) Exception for Certain Small Group Health Plans.--The 
     requirements of subparts 1 and 2 shall not apply with respect 
     to a group health plan for any plan year if, on the first day 
     of such plan year, such plan has less than 2 participants who 
     are current employees. A non-Federal governmental plan shall 
     be deemed to satisfy this subsection if such plan has 2 or 
     more participants who are current employees and--
       ``(1) such current employees retired from an employer and 
     were subsequently hired by a different employer; and
       ``(2) such plan requires that participants be enrolled in 
     the Medicare program under part A of title XVIII of the 
     Social Security Act.''.
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