H.R. 5321 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5321 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Benishek introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to limit rescissions of coverage under health plans in the individual and group market, contingent on the enactment of legislation repealing the Patient Protection and Affordable Care Act, and for other purposes. 1. Short title This Act may be cited as the Protecting Insurance Coverage for Sick Americans Act of 2014. 2. Prohibition on rescissions (a) Group market Subpart 1 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by adding at the end the following: 2703. Prohibition on rescissions A group health plan and a health insurance issuer offering group health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and only as permitted under section 2712(b). . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–41 et seq.) is amended by adding at the end the following: 2747. Prohibition on rescissions The provisions of section 2703 shall apply to health insurance coverage offered to individuals 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 the group market. . (c) Effective date contingent on repeal of PPACA (1) In general Subsections (a) and (b) and the amendments made by such subsections shall take effect upon the enactment of PPACA repeal legislation described in paragraph (2) and such subsections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (2) PPACA repeal legislation described For purposes of paragraph (1), PPACA repeal legislation described in this paragraph is legislation that— (A) repeals Public Law 111–148, and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (B) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law.