110th CONGRESS
1st Session
H. R. 152
To amend title XXVII of the Public Health Service Act and title
I of the Employee Retirement Income Security Act of 1974 to require that
group and individual health insurance coverage and group health plans provide
comprehensive coverage for childhood immunization.
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. GENE GREEN of Texas introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the Committee
on Education and Labor, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title XXVII of the Public Health Service Act and title
I of the Employee Retirement Income Security Act of 1974 to require that
group and individual health insurance coverage and group health plans provide
comprehensive coverage for childhood immunization.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Comprehensive Insurance Coverage of Childhood
Immunization Act of 2007'.
SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP HEALTH
PLANS AND HEALTH INSURANCE ISSUERS.
(1) PUBLIC HEALTH SERVICE ACT AMENDMENTS- Subpart 2 of part A of title
XXVII of the Public Health Service Act is amended by adding at the end
the following new section:
`SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
`(a) In General- A group health plan, and a health insurance issuer offering
group health insurance coverage, shall provide for each plan year comprehensive
coverage for routine immunizations for each individual who is a dependent
of a participant or beneficiary under the plan and is under 19 years of
age.
`(b) Comprehensive Coverage- For purposes of this section, comprehensive
coverage for routine immunizations for a plan year consists of coverage,
without deductibles, coinsurance, or other cost-sharing, for immunizations
(including the vaccine itself) in accordance with the most recent version
of the Recommended Childhood Immunization Schedule issued prior to such
plan year by the Advisory Committee on Immunization Practices of the Centers
for Disease Control and Prevention.'.
(A) IN GENERAL- Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 is amended by adding
at the end the following new section:
`SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
`(a) In General- A group health plan, and a health insurance issuer offering
group health insurance coverage, shall provide for each plan year comprehensive
coverage for routine immunizations for each individual who is a dependent
of a participant or beneficiary under the plan and is under 19 years of
age.
`(b) Comprehensive Coverage- For purposes of this section, comprehensive
coverage for routine immunizations for a plan year consists of coverage,
without deductibles, coinsurance, or other cost-sharing, for immunizations
(including the vaccine itself) in accordance with the most recent version
of the Recommended Childhood Immunization Schedule issued prior to such
plan year by the Advisory Committee on Immunization Practices of the Centers
for Disease Control and Prevention.'.
(B) CLERICAL AMENDMENT- The table of contents in section 1 of such Act
is amended by inserting after the item relating to section 713 the following
new item:
`714. Standard relating to coverage of childhood immunization.'.
(b) Individual Health Insurance- Part B of title XXVII of the Public Health
Service Act is amended by inserting after section 2752 the following new
section:
`SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
`The provisions of section 2707 shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the same
manner as they apply to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large group
market.'.
SEC. 3. COORDINATION OF ADMINISTRATION.
The Secretary of Health and Human Services and the Secretary of Labor shall
ensure, through the execution of an interagency memorandum of understanding
among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by such Secretaries
relating to the same matter over which both such Secretaries have responsibility
under the provisions of this Act (and the amendments made thereby) are
administered so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same requirements
through such Secretaries in order to have a coordinated enforcement strategy
that avoids duplication of enforcement efforts and assigns priorities
in enforcement.
SEC. 4. EFFECTIVE DATES.
(a) Group Health Plans and Group Health Insurance Coverage- Subject to subsection
(c), the amendments made by section 2(a) apply with respect to group health
plans for plan years beginning on or after January 1, 2008.
(b) Individual Health Insurance Coverage- The amendment made by section
2(b) applies with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market on or after such
date.
(c) Collective Bargaining Exception- In the case of a group health plan
maintained pursuant to 1 or more collective bargaining agreements between
employee representatives and 1 or more employers ratified before the date
of enactment of this Act, the amendments made by section 2(a) shall not
apply to plan years beginning before the later of--
(1) the earliest date as of which all such collective bargaining agreements
relating to the plan have terminated (determined without regard to any
extension thereof agreed to after the date of enactment of this Act),
or
For purposes of paragraph (1), any plan amendment made pursuant to a collective
bargaining agreement relating to the plan which amends the plan solely to
conform to any requirement added by section 2(a) shall not be treated as
a termination of such collective bargaining agreement.
END
