108th CONGRESS
1st Session
H. R. 3600
To amend the Public Health Service Act to require health insurance
issuers to credit toward an annual deductible in case of subsequent issuance
of similar health insurance policy by the same issuer to the same person.
IN THE HOUSE OF REPRESENTATIVES
November 21, 2003
Mr. ENGEL introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Public Health Service Act to require health insurance
issuers to credit toward an annual deductible in case of subsequent issuance
of similar health insurance policy by the same issuer to the same person.
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 `Health Deductible Insurance Fairness Act of
2003'.
SEC. 2. CREDITING TOWARD ANNUAL DEDUCTIBLE IN CASE OF SUBSEQUENT ISSUANCE
BY SAME ISSUER.
(1) PUBLIC HEALTH SERVICE ACT AMENDMENTS- (A) 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 CREDITING TOWARD ANNUAL DEDUCTIBLE IN CASE
OF SUBSEQUENT ISSUANCE BY SAME ISSUER.
`(a) REQUIREMENT- If a health insurance issuer offering group health insurance
coverage imposes an annual deductible under such coverage with respect to
an individual and the individual changes the coverage obtained (including
a change from family to individual coverage) from such issuer in a year to
other health insurance coverage that also imposes an annual deductible, the
issuer shall credit toward the deductible for the latter coverage amounts
that were credited toward the deductible under the former coverage during
the same year.
`(b) NOTICE- A group health plan under this part shall comply with the notice
requirement under section 714(b) of the Employee Retirement Income Security
Act of 1974 with respect to the requirements of this section as if such section
applied to such plan.'.
(b) INDIVIDUAL HEALTH INSURANCE- Part B of title XXVII of of such Act is amended
by inserting after section 2752 the following new section:
`SEC. 2753. STANDARD RELATING TO CREDITING TOWARD ANNUAL DEDUCTIBLE IN CASE
OF SUBSEQUENT ISSUANCE BY SAME ISSUER.
`(a) IN GENERAL- The provisions of section 2707(a) 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.
`(b) NOTICE- A health insurance issuer under this part shall comply with the
notice requirement under section 714(b) of the Employee Retirement Income
Security Act of 1974 with respect to the requirements referred to in subsection
(a) as if such section applied to such issuer and such issuer were a group
health plan.'.
(1) GROUP HEALTH INSURANCE COVERAGE- Subject to paragraph (3), the amendments
made by subsection (a) apply with respect to group health plans for plan
years beginning on or after a date specified by the Secretary of Health
and Human Services that is not later than January 1, 2005.
(2) INDIVIDUAL HEALTH INSURANCE COVERAGE- The amendment made by subsection
(b) shall apply with respect to health insurance coverage offered, sold,
issued, renewed, in effect, or operated in the individual market on or after
such date.
END
