,i #aagth ,,congress #ast ,session ,h4 ,r4 #cidg ,,in ,,the ,,house ,,of ,,representatives ,june #af1 #bjba,ms4 ,porter 7for herself1 ,mr4 ,doggett1 ,ms4 ,schakowsky1 ,ms4 ,de,lauro1 and ,mr4 ,pocan7 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 prohibit the inclusion of mandatory predispute arbitration clauses and clauses limiting class action lawsuits in health insurance contracts4 #a4 ,short title ,this ,act may be cited as the ,justice for ,patients ,act4 #b4 ,prohibition on mandatory predispute arbitration and limitations on class action lawsuits 7a7 ,,phsa ,part ,d of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aaa et seq47 is amended by adding at the end the following new section3 #bgii;,a-#aa4 ,prohibition on inclusion of certain requirements in health insurance contracts 7a7 ,prohibition on mandatory predispute arbitration ,a group health plan and group or individual health insurance coverage shall not include any predispute arbitration clause that requires the arbitration of claims under such plan or coverage4 7b7 ,prohibition on limitation of class actions ,a group health plan and group or individual health insurance coverage shall not include any limitation on the ability of an enrollee of such plan or coverage to engage in a class action lawsuit relating to the administration of such plan or coverage4 7c7 ,applicability ,an issue as to whether this section applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 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 #gbf4 ,prohibition on inclusion of certain requirements in health insurance contracts 7a7 ,prohibition on mandatory predispute arbitration ,a group health plan or a health insurance issuer offering group health insurance coverage shall not include any predispute arbitration clause that requires the arbitration of claims under such plan or coverage4 7b7 ,prohibition on limitation of class actions ,a group health plan or a health insurance issuer offering group health insurance coverage shall not include any limitation on the ability of an enrollee of such coverage to engage in a class action lawsuit relating to the administration of such plan or coverage4 7c7 ,applicability ,an issue as to whether this section applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 4 7#b7 ,clerical amendment ,the table of contents in section #a of such ,act is amended by adding at the end the following new item3 ,sec4 #gbf4 ,prohibition on inclusion of certain requirements in health insurance contracts4 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 #ihbf4 ,prohibition on inclusion of certain requirements in health insurance contracts 7a7 ,prohibition on mandatory predispute arbitration ,a group health plan shall not include any predispute arbitration clause that requires the arbitration of claims under such plan4 7b7 ,prohibition on limitation of class actions ,a group health plan shall not include any limitation on the ability of an enrollee of such plan to engage in a class action lawsuit relating to the administration of such plan4 7c7 ,applicability ,an issue as to whether this section applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 4 7#b7 ,clerical amendment ,the table of sections for such subchapter is amended by adding at the end the following new item3 ,sec4 #ihbf4 ,prohibition on inclusion of certain requirements in health insurance contracts4 4