[House Report 104-501]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-501
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PROVIDING FOR THE CONSIDERATION OF H.R. 3103,
THE HEALTH COVERAGE AVAILABILITY AND AFFORDABILITY ACT OF 1996
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March 27, 1996.--Referred to the House Calendar and ordered to be
printed
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Mr. Goss, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 392]
The Committee on Rules, having had under consideration
House Resolution 392, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
BRIEF SUMMARY OF PROVISIONS OF RESOLUTION
The resolution provides for the consideration of H.R. 3103,
the Health Coverage Availability and Affordability Act of 1996
under a modified closed rule. The rule provides two hours of
general debate with 45 minutes equally divided and controlled
by the chairman and ranking minority member of the Committee on
Ways and means, 45 minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Commerce, and 30 minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on
Economic and Educational Opportunities.
The resolution provides that the amendment in the nature of
a substitute consisting of the text of H.R. 3160, modified by
the amendment specified in part 1 of the report of the
Committee on Rules, will be considered as adopted. It waives
all points of order against the bill, as amended, and its
consideration except those arising under section 425(a) of the
Congressional Budget Act of 1974 (relating to unfunded
mandates). It also provides that the previous question shall be
considered as ordered on the bill, as amended, and on any
further amendment thereto to final passage, without intervening
motion except as specified.
The resolution provides for one amendment in the nature of
a substitute to be offered by the Minority Leader or his
designee, specified in part 2 of the report of the Committee on
Rules, which shall be in order without the intervention of any
point of order (except those arising under section 425(a) of
the Congressional Budget Act of 1974) or demand for division of
the question, and shall be debatable for one hour to be divided
equally between the proponent and an opponent.
The resolution provides for one motion to recommit, which
may include instructions if offered by the Minority Leader or
his designee.
Finally, The resolution provides that the yeas and nays are
ordered on final passage and that the provisions of clause 5(c)
of rule XXI (requiring a three-fifths vote on any amendment or
measure containing a Federal income tax rate increase) shall
not apply to the votes on the bill, amendments thereto or
conference reports thereon.
committee votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
Rules Committee Rollcall No. 302
Date: March 27, 1996.
Measure: H.R. 3103, the Health Coverage Availability and
Affordability Act of 1996.
Motion by: Mr. Moakley.
Summary of motion: Make in order an amendment by Mr. Miller
(CA) to require a minimum hospital stay of 48 hours after
vaginal childbirth and 96 hours after a cesarian birth.
Results: Rejected, 3-8.
Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay;
Moakley--Yea; Frost--Yea; Hall--Yea; Solomon--Nay.
Rules Committee Rollcall No. 303
Date: March 27, 1996.
Measure: H.R. 3103, the Health Coverage Availability and
Affordability Act of 1996.
Motion by: Mr. Frost.
Summary of motion: Make in order an amendment by Mr.
Gunderson, Mr Roberts, Mr. Poshard, and Mr. Gutknecht to
provide anti-trust relief to small rural hospitals.
Results: Rejected, 4-7.
Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Yea; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay;
Moakley--Yea; Frost--Yea; Hall--Yea; Solomon--Nay.
Rules Committee Rollcall No. 304
Date: March 27, 1996.
Measure: H.R. 3103, the Health Coverage Availability and
Affordability Act of 1996.
Motion by: Mr. Hall.
Summary of motion: Make in order amendments en bloc offered
by Mr. Cardin to strike the provision in the bill which would
establish a new exception under the anti-kickback statute and
Mr. Levin to strike the provision of the bill that relieves
providers of the duty to use reasonable diligence to ensure
that their claims are true and accurate.
Results: Rejected, 3-8.
Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay;
Moakley--Yea; Frost--Yea; Hall--Yea; Solomon--Nay.
PART 1
The amendment to be considered as adopted is as follows:
Add at the end of section 103 the following:
(e) Multiemployer Plans, Multiple Employer Health Plans,
and Multiple Employer Welfare Arrangements.--A group health
plan which is a multi-employer plan, a multiple employer health
plan (as defined in section 701(4) of the Employee Retirement
Income Security Act of 1974), or a multiple employer welfare
arrangement (to the extent to which benefits under the
arrangement consist of medical care) may not deny an employer
whose employees are covered under such a plan or arrangement
continued access to the same or different coverage under the
terms of such a plan or arrangement, other than--
(1) for nonpayment of contributions,
(2) for fraud or other intentional misrepresentation
of material fact by the employer,
(3) for noncompliance with material plan or
arrangement provisions,
(4) because the plan or arrangement is ceasing to
offer any coverage in a geographic area,
(5) for failure to meet the terms of an applicable
collective bargaining agreement, to renew a collective
bargaining or other agreement requiring or authorizing
contributions to the plan, or to employ employees
covered by such an agreement,
(6) in the case of a plan or arrangement to which
subparagraph (C), (D), or (E) of section 3(40) of the
Employee Retirement Income Security Act of 1974
applies, to the extent necessary to meet the
requirements of such subparagraph, or
(7) in the case of a multiple employer health plan
(as defined in section 701(4) of such Act), for failure
to meet the requirements under part 7 of subtitle B of
title I of such Act for exemption under section
514(b)(6)(B) of such Act.
In section 104(a), insert ``(other than subsection (e))''
after ``section 103'' each place it appears.
In section 104(c)(1)(A), insert ``(other than section
103(e))'' after ``subtitle''.
In section 104(c)(2), insert ``(other than section
103(e))'' after ``103''.
In section 1171 of the Social Security Act, as proposed to
be added by section 252 of the bill--
(1) in paragraph (4)(A), strike ``insurance'' and
insert ``health'';
(2) in paragraph (5)--
(A) strike subparagraph (E) and redesignate
subparagraphs (F) through (L) as subparagraph
(E) through (K), respectively;
(B) in subparagraph (E) (as so redesignated),
strike ``An employee' and insert ``Health
benefits of an employee''; and
(C) strike subparagraph (M);
(3) in paragraph (6)(A) strike ``insurance'' and
insert ``health''; and
(4) strike paragraph (7) and redesignate paragraphs
(8) and (9) as paragraphs (7) and (8), respectively.
In section 1172 of the Social Security Act, as proposed to
be added by section 252 of the bill--
(1) in subsection (a)(1), strike ``insurance'' and
insert ``health''; and
(2) in subsection (c)(2)(A)(i), strike ``insurance''
and insert ``health''.
In section 1173 of the Social Security Act, as proposed to
be added by section 252 of the bill--
(1) in subsection (b)(1), strike ``insurance'' each
place such term appears and insert ``health'';
(2) in subsection (e), strike the period at the end of
the first sentence and insert ``transmitted in
connection with the transactions referred to in
subsection (a)(1).'';
(3) in subsection (f)(2), strike ``insurance'' and
insert ``health''; and
(4) in subsection (g)--
(A) in the subsection heading, strike
``Insurance'' and insert ``Health''; and
(B) strike ``insurance'' each place such term
appears and insert ``health''.
In section 1175 of the Social Security Act, as proposed to
be added by section 252 of the bill--
(1) in subsection (a), strike ``insurance'' each place
such term appears and insert ``health''; and
(2) in subsection (b)--
(A) in the subparagraph heading in
subparagraph (B) of paragraph (1), strike
``insurance'' and insert ``health''; and
(B) strike ``insurance'' each place such term
appears and insert ``health''.
In section 1178(a)(1) of the Social Security Act, as
proposed to be added by section 252 of the bill, strike
``insurance'' and insert ``health''.
In section 306(k)(2) of the Public Health Service Act, as
proposed to be amended by section 253 of the bill, strike,
``appointed, not later than 60 days after the date of the
enactment of the Health Coverage Availability and Affordability
Act of 1996, from'' and insert ``appointed from''.
In section 306(k)(3) of the Public Health Service Act, as
proposed to be inserted by section 253 of the bill, strike
``appointed by'' in each of subparagraphs (A) and (B) and
insert ``appointed, not later than 60 days after the date of
the enactment of the Health Coverage Availability and
Affordability Act of 1996, by''.
PART 2
The amendment in the nature of a substitute made in order
by the rule is as follows:
The amendment printed in the Congressional Record of March
27, 1996, by Representative Dingell of Michigan and numbered 2
pursuant to clause 6 of rule XXIII, to be offered by the
Minority Leader or his designee, debatable for one hour.