H.R. 5384 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5384 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Valadao (for himself, Mr. Fitzpatrick, Mr. Pearce, and Mr. Coffman) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to extend health plan coverage to dependent children 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 Securing Health Care for Young Americans Act of 2014. 2. Extension of dependent coverage (a) Group market (1) In general 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: 2703A. Extension of dependent coverage (a) In General A group health plan and a health insurance issuer offering group health insurance coverage that provides dependent coverage of children shall continue to make such coverage available for such a dependent after such dependent turns 18 years of age until the first of the following events occurs: (1) The dependent turns 26 years of age. (2) The dependent marries. (3) Subject to subsection (c), the dependent no longer resides in the home of— (A) the policy holder through which such dependent is eligible for dependent coverage; or (B) in the case that the policy holder through which such dependent is eligible for dependent coverage provides such coverage subject to an order to provide child support, the dependent’s parent or legal guardian. (b) Exception for college students Paragraph (3) of subsection (a) shall not apply to a dependent for any period of time during which such dependent is enrolled as a full-time student at a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965). (c) Limitation Nothing in this section shall require a plan or an issuer described in subsection (a) to make coverage available for a child of an individual receiving dependent coverage pursuant to this section. (d) Rule of Construction Nothing in this section shall be construed to modify the definition of dependent as used in the Internal Revenue Code of 1986 with respect to the tax treatment of the cost of coverage. . (2) Regulations The Secretary shall promulgate regulations to define the dependents to which coverage shall be made available under section 2703A of the Public Health Service Act, as added by paragraph (1). (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: 2748. Extension of dependent coverage The provisions of section 2703A 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.