[House Report 104-501]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-501
_______________________________________________________________________



              PROVIDING FOR THE CONSIDERATION OF H.R. 3103,
 
     THE HEALTH COVERAGE AVAILABILITY AND AFFORDABILITY ACT OF 1996

                                _______


   March 27, 1996.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


     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.

                                
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