[Congressional Record (Bound Edition), Volume 147 (2001), Part 8]
[Senate]
[Page 11550]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 810. Mr. GRAMM (for himself, and Mrs. Hutchison) proposed an 
amendment to the bill S. 1052, to amend the Public Health Service Act 
and the Employee Retirement Income Security Act of 1974 to protect 
consumers in managed care plans and other health coverage; as follows:

       On page 140, lines 11 and 12, strike ``issuer, or plan 
     sponsor--'' and insert ``or issuer--''.

       Beginning on page 144, strike line 16 and all that follows 
     through line 23 on page 148, and insert the following:
       ``(5) Exclusion of employers and other plan sponsors.--
       ``(A) In general.--In addition to excluding certain 
     physicians, other health care professionals, and certain 
     hospitals from liability under paragraph (1), paragraph 
     (1)(A) does not create any liability on the part of an 
     employer or other plan sponsor (or on the part of an employee 
     of such an employer or sponsor acting within the scope of 
     employment).
       ``(B) Definition.--In subparagraph (A), the term 
     ``employer'' means an employer maintaining the plan involved 
     that is acting, serving, or functioning as a fiduciary, 
     trustee or plan administrator, including--
       ``(i) an employer described in section 3(16)(B)(i) with 
     respect to a plan maintained by a single employer; and
       ``(ii) one or more employers or employee organizations 
     described in section 3(16)(B)(iii) in the case of a multi-
     employer plan.

       Beginning on page 160, strike line 21 and all that follows 
     through line 14 on page 164, and insert the following:
       ``(3) Exclusion of employers and other plan sponsors.--
       ``(A) In general.--Paragraph (1) does not--
       ``(i) create any liability on the part of an employer or 
     other plan sponsor (or on the part of an employee of such an 
     employer or sponsor acting within the scope of employment), 
     or
       ``(ii) apply with respect to a right of recovery, 
     indemnity, or contribution by a person against an employer or 
     other plan sponsor (or such an employee), for damages 
     assessed against the person pursuant to a cause of action to 
     which paragraph (1) applies.
       ``(B) Definition.--In subparagraph (A), the term 
     ``employer'' means an employer maintaining the plan involved 
     that is acting, serving, or functioning as a fiduciary, 
     trustee or plan administrator, including--
       ``(i) an employer described in section 3(16)(B)(i) with 
     respect to a plan maintained by a single employer; and
       ``(ii) one or more employers or employee organizations 
     described in section 3(16)(B)(iii) in the case of a multi-
     employer plan.''

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