Home > 106th Congressional Bills > H.R. 1853 (ih) To provide for each American the opportunity to provide for his or her retirement through a S.A.F.E. account, and for other purposes. [Introduced in House] ...H.R. 1853 (ih) To provide for each American the opportunity to provide for his or her retirement through a S.A.F.E. account, and for other purposes. [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 1852
To assure equitable treatment of fertility and impotence in health care
coverage under group health plans, health insurance coverage, and
health plans under the Federal employees' health benefits program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2003
Mr. Andrews introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Education and the Workforce and Government Reform, 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
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A BILL
To assure equitable treatment of fertility and impotence in health care
coverage under group health plans, health insurance coverage, and
health plans under the Federal employees' health benefits program.
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 ``Equity in Fertility Coverage Act of
2003''.
SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
(a) Group Health Plans.--
(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. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides for
coverage of impotency medications such as viagra shall also provide
coverage of fertility treatments.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(c) 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) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) 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. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides for
coverage of impotency medications such as viagra shall also provide
coverage of fertility treatments.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) 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:
``Sec. 714. Equity in fertility coverage.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--The provisions of section 2707 (other than
subsection (c)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies 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(c) 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.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) FEHBP.--Section 8902 of title 5, United States Code, is amended
by adding at the end the following the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2753 of the Public Health
Service Act.''.
(d) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2004.
(2) The amendments 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 January 1, 2004.
(3) The amendment made by subsection (c) shall apply with respect
to contracts for periods beginning on and after January 1, 2004.
(e) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, and the
provisions of parts A and C of title XXVII of the Public Health Service
Act''.
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