| Home > 106th Congressional Bills > S. 3285 (is) To amend the Internal Revenue Code of 1986 to exclude tobacco products from qualifying foreign trade property in the treatment of extraterritorial income. [Introduced in Senate] ...
S. 3285 (is) To amend the Internal Revenue Code of 1986 to exclude tobacco products from qualifying foreign trade property in the treatment of extraterritorial income. [Introduced in Senate] ...
106th CONGRESS 2d Session S. 3284 To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES December 15 (legislative day, September 22), 2000 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ A BILL To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes. 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 ``Offering People True Insurance Options Nationwide Act of 2000''. SEC. 2. OPTION HEALTH INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``Sec. ``9051. Definitions. ``9052. Health insurance for non-Federal employees. ``9053. Contract requirement. ``9054. Eligibility. ``9055. Alternative conditions to Federal employee plans. ``9056. Coordination with social security benefits. ``9057. Non-Federal employer participation. ``Sec. 9051. Definitions ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``Sec. 9052. Health insurance for non-Federal employees ``(a) The Office of Personnel Management shall administer a health insurance program for non-Federal employees in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``(c) In no event shall the enactment of this chapter result in-- ``(1) any increase in the level of individual or Government contributions required under chapter 89, including copayments or deductibles; ``(2) any decrease in the types of benefits offered under chapter 89; or ``(3) any other change that would adversely affect the coverage afforded under chapter 89 to employees and annuitants and members of family under that chapter. ``Sec. 9053. Contract requirement ``(a) Each contract entered into under section 8902 shall require a carrier to offer to eligible individuals under this chapter, throughout each term for which the contract remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or applicable health benefits plan to employees, annuitants, and members of family. ``(b)(1) The Office may waive the requirements of this subsection, if the Office determines, based on a petition submitted by a carrier that-- ``(A) the carrier is unable to offer the applicable health benefits plan because of a limitation in the capacity of the plan to deliver services or assure financial solvency; ``(B) the applicable health benefits plan is not sponsored by a carrier licensed under applicable State law; or ``(C) bona fide enrollment restrictions make the application of this chapter inappropriate, including restrictions common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government. ``(2) The Office may require a petition under this subsection to include-- ``(A) a description of the efforts the carrier proposes to take in order to offer the applicable health benefits plan under this chapter; and ``(B) the proposed date for offering such a health benefits plan. ``(3) A waiver under this subsection may be for any period determined by the Office. The Office may grant subsequent waivers under this section. ``Sec. 9054. Eligibility ``An individual shall be eligible to enroll in a plan under this chapter, unless the individual is enrolled or eligible to enroll in a plan under chapter 89. ``Sec. 9055. Alternative conditions to Federal employee plans ``(a) For purposes of enrollment in a health benefits plan under this chapter, an individual who had coverage under a health insurance plan and is not a qualified beneficiary as defined under section 4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a similar manner as an individual who begins employment as an employee under chapter 89. ``(b) In the administration of this chapter, covered individuals under this chapter shall be in a risk pool separate from covered individuals under chapter 89. ``(c)(1) Each contract under this chapter may include a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986. ``(2)(A) The preexisting condition exclusion under this subsection shall provide for coverage of a preexisting condition to begin not more than 1 year after the date of coverage of an individual under a health benefits plan, reduced by 1 month for each month that individual was covered under a health insurance plan immediately preceding the date the individual submitted an application for coverage under this chapter. ``(B) For purposes of this paragraph, a lapse in coverage of not more than 31 days immediately preceding the date of the submission of an application for coverage shall not be considered a lapse in continuous coverage. ``(d)(1) Rates charged and premiums paid for a health benefits plan under this chapter-- ``(A) may be adjusted and differ from such rates charged and premiums paid for the same health benefits plan offered under chapter 89; ``(B) shall be negotiated in the same manner as negotiated under chapter 89; and ``(C) shall be adjusted to cover the administrative costs of this chapter. ``(2) In determining rates and premiums under this chapter-- ``(A) the age of covered individuals may be considered; and ``(B) rebates or lower rates and premiums shall be set to encourage longevity of coverage. ``(e) No Government contribution shall be made for any covered individual under this chapter. ``(f) If an individual who is enrolled in a health benefits plan under this chapter terminates the enrollment, the individual shall not be eligible for reenrollment until the first open enrollment period following 6 months after the date of such termination. ``Sec. 9056. Coordination with social security benefits ``Benefits under this chapter shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, be offered (for use in coordination with those social security benefits) to the same extent and in the same manner as if coverage were under chapter 89. ``Sec. 9057. Non-Federal employer participation ``(a) In this section the term-- ``(1) `employee', notwithstanding section 9051, means an employee of a non-Federal employer; and ``(2) `non-Federal employer' means an employer that is not the Federal Government. ``(b)(1) The Office shall prescribe regulations providing for non- Federal employer participation under this chapter, including-- ``(A) the offering of health benefits plans under this chapter to employees through participating non-Federal employers; and ``(B) a requirement for participating non-Federal employer contributions to the payment of premiums for employees who enroll in a health benefits plan under this chapter. ``(2) A participating non-Federal employer shall pay an employer contribution for the premiums of an employee or other applicable covered individual as follows: ``(A) A non-Federal employer that employs not more than 2 employees shall not be required to pay an employer contribution. ``(B) A non-Federal employer that employs more than 2 and not more than 25 employees shall pay not less than 30 percent of the total premiums. ``(C) A non-Federal employer that employs more than 25 and not more than 50 employees shall pay not less than 40 percent of the total premiums. ``(D) A non-Federal employer that employs more than 50 employees shall pay not less than 50 percent of the total premiums. ``(3) Notwithstanding paragraph (2) (B), (C), or (D), a non-Federal employer that employs more than 2 employees shall pay not less than 20 percent of the total premiums with respect to the first year in which that employer participates under this chapter.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Contract Requirement Under Chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Each contract under this chapter shall include a provision that the carrier shall offer any health benefits plan as required under chapter 90A.''. (b) Table of Chapters.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 90 the following: ``90A. Health Insurance for Non-Federal Employees........... 9051''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to calendar year 2002 and each calendar year thereafter. <all>
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