S. 2629 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2629 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mr. Durbin (for himself, Mr. Begich, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require employers to notify employees and prospective employees of exemptions from otherwise required coverage of health services under group health plans. 1. Short title This Act may be cited as the Preventive Care Coverage Notification Act. 2. Providing information to employees and prospective employees (a) Development of Standards With respect to an employer (other than an organization that is organized and operates as a nonprofit entity and is referred to in section 6033(a)(3)(A) (i) or (iii) of the Internal Revenue Code of 1986) that establishes or maintains a group health plan (other than a grandfathered health plan as defined in section 1251 of the Patient Protection and Affordable Care Act (42 U.S.C. 18011)) for its employees, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly develop standards that require the employer to provide notice to current and prospective employees if the employer is exempted or excepted from covering health services otherwise required to be covered pursuant to title XXVII of the Public Health Service Act (including preventive health services required under section 2713 of such Act). Such notice shall include a description of the specific items and services that are not covered under such plan as a result of such exemption or exception. Such standards shall require that any notice provided under this subsection be provided by the employer to employees and prospective employees in a timely and easily understandable manner. (b) Informing employees of limitations on coverage With respect to the notice required under subsection (a), an employer shall be deemed to be in compliance with the requirements of such section if the employer is an eligible organization as defined in, and provides for the notice in accordance with, regulations issued pursuant to section 2713 of the Public Health Service Act (42 U.S.C. 300gg–13). (c) Enforcement The provisions of this section shall apply to employers acting as plan sponsors, group health plans, and health insurance issuers as if enacted in the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), the Public Health Service Act (42 U.S.C. 201 et seq.), and the Internal Revenue Code of 1986. Any failure by an employer acting as a plan sponsor, a group health plan, or a health insurance issuer to comply with the provisions of this Act shall be subject to enforcement through part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), section 2723 of the Public Health Service Act (42 U.S.C. 300gg–22), and section 4980D of the Internal Revenue Code of 1986. (d) Application This section shall apply to plan years beginning on or after July 1, 2014.