,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #gbfg  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ah1 #bjbj ,ms4
 ,porter 7for herself and ,ms4          
,de,lauro7 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 title ,,xxvii of the ,public      
,health ,service ,act1 the ,employee    
,retirement ,income ,security ,act of   
#aigd1 and the ,internal ,revenue ,code 
of #aihf to prohibit a group health plan
 and a health insurance issuer offering 
group or individual health insurance    
coverage from reducing contracted rates1
 or terminating contracts1 with health  
care providers during a public health   
emergency4  #a4 ,short title ,this ,act 

may be cited as the ,patients ,before   
,profits ,act of #bjbj4  #b4            
,prohibiting a group health plan and a  
health insurance issuer offering group  
or individual health insurance coverage 
from reducing contracted rates1 or      
terminating contracts1 with health care 
providers during a public health        
emergency  7a7 ,,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 ,prohibition on        
reduction of rates and termination of   
contracts during public health          
emergencies  7a7 ,in general ,a group   
health plan and a health insurance      
issuer offering group or individual     
health insurance coverage may not1 with 
respect to a health care provider       
located in an emergency area during an  
emergency period that1 as of the day    
before the date of the beginning of such
 period1 had in effect a contractual    

relationship for furnishing items and   
services under such plan or coverage--  
7#a7 provide for an amount of           
reimbursement for any such item or      
service furnished by such provider      
during such period that is less than the
 amount of such reimbursement that would
 have been payable under such plan or   
coverage had such item or service been  
furnished by such provider on such day2 
or  7#b7 terminate such relationship    
during such period2  unless such lesser 
reimbursement or such termination is    
based on fraud1 abuse1 or other quality 
concerns with respect to such provider  
or such provider being placed on the    
exclusion list maintained by the        
,inspector ,general of the ,department  
of ,health and ,human ,services4  7b7   
,definitions ,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 a public health     
emergency declared by the ,secretary    

pursuant to section #cai4  4  7b7       
,,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 ,prohibition on reduction of rates
 and termination of contracts during    
public health emergencies  7a7 ,in      
general ,a group health plan and a      
health insurance issuer offering group  
health insurance coverage may not1 with 
respect to a health care provider       
located in an emergency area during an  
emergency period that1 as of the day    
before the date of the beginning of such
 period1 had in effect a contractual    
relationship for furnishing items and   
services under such plan or coverage--  
7#a7 provide for an amount of           
reimbursement for any such item or      
service furnished by such provider      
during such period that is less than the
 amount of such reimbursement that would

 have been payable under such plan or   
coverage had such item or service been  
furnished by such provider on such day2 
or  7#b7 terminate such relationship    
during such period2  unless such lesser 
reimbursement or such termination is    
based on fraud1 abuse1 or other quality 
concerns with respect to such provider  
or such provider being placed on the    
exclusion list maintained by the        
,inspector ,general of the ,department  
of ,health and ,human ,services4  7b7   
,definitions ,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 a public health     
emergency declared by the ,secretary    
pursuant to section #cai4  4  7#b7      
,clerical amendment ,the table of       
contents in section #a of the ,employee 
,retirement ,income ,security ,act of   
#aigd is amended by inserting after the 
item relating to section #gad the       
following new items3  ,sec4 #gae4       

,additional market reforms4 ,sec4 #gaf4 
,prohibition on reduction of rates and  
termination of contracts during public  
health emergencies4  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      
,prohibition on reduction of rates and  
termination of contracts during public  
health emergencies  7a7 ,in general ,a  
group health plan may not1 with respect 
to a health care provider located in an 
emergency area during an emergency      
period that1 as of the day before the   
date of the beginning of such period1   
had in effect a contractual relationship
 for furnishing items and services under
 such plan--  7#a7 provide for an amount
 of reimbursement for any such item or  
service furnished by such provider      
during such period that is less than the
 amount of such reimbursement that would
 have been payable under such plan had  
such item or service been furnished by  

such provider on such day2 or  7#b7     
terminate such relationship during such 
period2  unless such lesser             
reimbursement or such termination is    
based on fraud1 abuse1 or other quality 
concerns with respect to such provider  
or such provider being placed on the    
exclusion list maintained by the        
,inspector ,general of the ,department  
of ,health and ,human ,services4  7b7   
,definitions ,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 a public health     
emergency declared by the ,secretary    
pursuant to section #cai4  4  7#b7      
,clerical amendment ,the table of       
sections for such subchapter is amended 
by adding at the end the following new  
items3  ,sec4 #ihae4 ,additional market 
reforms4 ,sec4 #ihaf4 ,prohibition on   
reduction of rates and termination of   
contracts during public health          
emergencies4  4  7d7 ,effective date    

,the amendment made by this section     
shall apply with respect to public      
health emergencies declared by the      
,secretary of ,health and ,human        
,services on or after ,january #ca1     
#bjbj1 and items and services furnished1
 and terminations occurring1 on or after
 the date of the enactment of this ,act4