[Congressional Record Volume 166, Number 180 (Wednesday, October 21, 2020)]
[Senate]
[Pages S6380-S6381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2681. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4675, to amend the Health Insurance Portability and 
Accountability Act; which was ordered to lie on the table; as follows:

       Beginning on page 21, strike line 23 and all that follows 
     through the item relating to section 198 after line 2 on page 
     22 and insert the following:

     ``SEC. 199. STATE OPT-IN.

       ``(a) In General.--Sections 196, 197, and 198 shall apply 
     only in States that have in effect a law to apply such 
     sections to group health plans and health insurance coverage 
     offered in the State. A State may repeal such a law and 
     terminate the application of such sections in such State.
       ``(b) Scope of State Opt-in.--A State law described in 
     subsection (a) may apply with respect to all of the 
     requirements under sections 196, 197, and 198, any single 
     requirement under any of such sections, or any combination of 
     requirements under such sections, as determined by the State.
       ``(c) Enforcement Under ERISA and IRC.--Subsection (c) of 
     section 715 of the Employee Retirement Income Security Act of 
     1974 and subsection (c) of section 9815 of the Internal 
     Revenue Code of 1986 shall apply with respect to group health 
     plans and health insurance coverage in a State only to the 
     extent that sections 196, 197, and 198 apply in such State, 
     in accordance with this section.''.
       (b) Conforming Amendment.--The table of contents under 
     section 1(b) of the Health Insurance Portability and 
     Accountability Act of 1996 (Public Law 104-191) is amended by 
     inserting after the item relating to section 195 the 
     following:
``Sec. 196. Prohibition of pre-existing condition exclusions.

[[Page S6381]]

``Sec. 197. Guaranteed Availability of Coverage.
``Sec. 198. Prohibiting Discrimination against individual participants 
              and beneficiaries based on health status.
``Sec. 199. State opt-in.''.

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