To amend title XXVII of the Public Health Service Act to improve the affordability of health insurance coverage for small employers.

Amends the Public Health Service Act to remove language requiring, subject to certain provisions, health insurance issuers that offer health insurance coverage in the small group market in a State to accept every small employer that applies for such coverage.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2851 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2851

 To amend title XXVII of the Public Health Service Act to improve the 
    affordability of health insurance coverage for small employers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

Mr. Pence (for himself, Mr. Sessions, Mrs. Musgrave, Mr. Paul, Mr. Ryun 
   of Kansas, Mr. Terry, Mr. Doolittle, Mrs. Northup, Mr. Flake, Mr. 
  Crane, Mr. Garrett of New Jersey, Mr. Jones of North Carolina, Mr. 
  Otter, Mr. Burton of Indiana, and Mr. Sensenbrenner) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XXVII of the Public Health Service Act to improve the 
    affordability of health insurance coverage for small employers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. 1. REPEAL OF GUARANTEED ISSUE IN SMALL GROUP MARKET.

    (a) In General.--Subsection (a) of section 2711 of the Public 
Health Service Act (42 U.S.C. 300gg-11) is amended by striking ``in a 
State__'' and all that follows through ``must accept for enrollment'' 
and inserting ``in a State must accept for enrollment''.
    (b) Effective Dates.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by subsection (a) shall apply with respect to group health 
        plans, and health insurance coverage offered in connection with 
        group health plans, for plan years beginning on or after 
        January 1, 2004 (in this subsection referred to as the 
        ``general effective date'') and also shall apply to portions of 
        plan years occurring on and after such date.
            (2) Treatment of collective bargaining agreements.--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 this Act 
        shall not apply to plan years beginning before the later of--
                    (A) the date on which the last collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of enactment of this Act); or
                    (B) the general effective date.
For purposes of subparagraph (A), 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 this section shall 
not be treated as a termination of such collective bargaining 
agreement.
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