,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fdaa ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjbj,mrs4 ,mc,bath 7for herself and ,ms4 ,kuster of ,new ,hampshire7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 and ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,employee ,retirement ,income ,security ,act of #aigd1 title ,,xxvii of the ,public ,health ,service ,act1 and the ,internal ,revenue ,code of #aihf to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide notices relating to prescription drug refills to individuals covered under such plans or coverage who reside in emergency areas during emergency periods4 #a4 ,short title ,this ,act may be cited as the ,emergency ,advance ,refill ,notification ,act of #bjbj4 #b4 ,requiring prescription drug refill notifications during emergencies 7a7 ,,erisa 7#a7 ,in general ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq47 is amended by adding at the end the following new section3 #gaf4 ,provision of prescription drug refill notifications during emergencies 7a7 ,in general ,a group health plan1 and a health insurance issuer offering health insurance coverage in connection with a group health plan1 that provides benefits for prescription drugs under such plan or such coverage shall provide to each participant or beneficiary under such plan or such coverage who resides in an emergency area during an emergency period-- 7#a7 not later than #e business days after the date of the beginning of such period with respect to such area 7or1 the case of the emergency period described in section #b7;d77#b7 of the ,emergency ,advance ,refill ,notification ,act of #bjbj1 not later than #e business days after the date of the enactment of this section71 a notification 7written in a manner that is clear and understandable to the average participant or beneficiary7-- 7,a7 of whether such plan or coverage will waive1 during such period with respect to such a participant or beneficiary1 any time restrictions under such plan or coverage on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan or coverage2 and 7,b7 in the case that such plan or coverage will waive such restrictions during such period with respect to such a participant or beneficiary1 that contains information on how such a participant or beneficiary may obtain such a refill2 and 7#b7 in the case such plan or coverage elects to so waive such restrictions during such period with respect to such a participant or beneficiary after the notification described in paragraph 7#a7 has been provided with respect to such period1 not later than #e business days after such election1 a notification of such election that contains the information described in subparagraph 7,b7 of such paragraph4 7b7 ,emergency area2 emergency period ,for purposes of this section1 an emergency area is a geographical area in which1 and an emergency period is the period during which1 there exists-- 7#a7 an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 and 7#b7 a public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act4 4 7#b7 ,clerical amendment ,the table of contents of the ,employee ,retirement ,income ,security ,act of #aigd is amended by inserting after the item relating to section #gad the following3 ,sec4 #gae4 ,additional market reforms4 ,sec4 #gaf4 ,provision of prescription drug refill notifications during emergencies4 4 7b7 ,,phsa ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aa et seq47 is amended by adding at the end the following new section3 #bgcj4 ,provision of prescription drug refill notifications during emergencies 7a7 ,in general ,a group health plan1 and a health insurance issuer offering group or individual health insurance coverage1 that provides benefits for prescription drugs under such plan or such coverage shall provide to each participant1 beneficiary1 or enrollee enrolled under such plan or such coverage who resides in an emergency area during an emergency period-- 7#a7 not later than #e business days after the date of the beginning of such period with respect to such area 7or1 the case of the emergency period described in section #b7;d77#b7 of the ,emergency ,advance ,refill ,notification ,act of #bjbj1 not later than #e business days after the date of the enactment of this section71 a notification 7written in a manner that is clear and understandable to the average participant1 beneficiary1 or enrollee7-- 7,a7 of whether such plan or coverage will waive1 during such period with respect to such a participant1 beneficiary1 or enrollee1 any time restrictions under such plan or coverage on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan or coverage2 and 7,b7 in the case that such plan or coverage will waive such restrictions during such period with respect to such a participant1 beneficiary1 or enrollee1 that contains information on how such a participant1 beneficiary1 or enrollee may obtain such a refill2 and 7#b7 in the case such plan or coverage elects to so waive such restrictions during such period with respect to such a participant1 beneficiary1 or enrollee after the notification described in paragraph 7#a7 has been provided with respect to such period1 not later than #e business days after such election1 a notification of such election that contains the information described in subparagraph 7,b7 of such paragraph4 7b7 ,emergency area2 emergency period ,for purposes of this section1 an emergency area is a geographical area in which1 and an emergency period is the period during which1 there exists-- 7#a7 an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 and 7#b7 a public health emergency declared by the ,secretary pursuant to section #cai4 4 7c7 ,,irc 7#a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ihaf4 ,provision of prescription drug refill notifications during emergencies 7a7 ,in general ,a group health plan that provides benefits for prescription drugs under such plan shall provide to each participant or beneficiary enrolled under such plan who resides in an emergency area during an emergency period1 not later than #e business days after the date of the beginning of such period with respect to such area 7or1 the case of the emergency period described in section #b7;d77#b7 of the ,emergency ,advance ,refill ,notification ,act of #bjbj1 not later than #e business days after the date of the enactment of this section7-- 7#a7 a notification 7written in a manner that is clear and understandable to the average participant or beneficiary7-- 7,a7 of whether such plan will waive1 during such period with respect to such a participant or beneficiary1 any time restrictions under such plan on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan2 and 7,b7 in the case that such plan will waive such restrictions during such period with respect to such a participant or beneficiary1 that contains information on how such a participant or beneficiary may obtain such a refill2 and 7#b7 in the case such plan elects to so waive such restrictions during such period with respect to such a participant or beneficiary after the notification described in paragraph 7#a7 has been provided with respect to such period1 not later than #e business days after such election1 a notification of such election that contains the information described in subparagraph 7,b7 of such paragraph4 7b7 ,emergency area2 emergency period ,for purposes of this section1 an emergency area is a geographical area in which1 and an emergency period is the period during which1 there exists-- 7#a7 an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 and 7#b7 a public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #ihaf4 ,provision of prescription drug refill notifications during emergencies4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to-- 7#a7 emergency periods beginning on or after the date of the enactment of this ,act2 and 7#b7 the emergency period relating to the public health emergency declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act on ,january #ca1 #bjbj1 entitled ,determination that a ,public ,health ,emergency ,exists ,nationwide as the ,result of the #bjai ,novel ,coronavirus4