To enhance citizen awareness of insurance information and services by establishing that insurance documents issued to the public must be written clearly, and for other purposes.

Summary: Plain Language in Health Insurance Act of 2009 - Requires any health insurance issuer, health plan, and federal health care program to use plain language in any publicly distributed document.

Requires the Secretary of Health and Human Services to issue guidance on implementing such requirements.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Plain Language in Health Insurance 
Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of this Act is to improve the effectiveness and 
accountability of health insurance issuers, health plans, and Federal 
health care programs by promoting clear communication that the public 
can understand and use.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered document.--The term ``covered document'' means 
        any publicly distributed document issued by a health insurance 
        issuer, health plan, or Federal health care program.
            (2) Plain language.--The term ``plain language'' means 
        language that the intended audience can readily understand and 
        use because that language is clear, concise, well organized, 
        and follows other best practices of plain language writing.

SEC. 4. RESPONSIBILITIES OF HEALTH INSURANCE ISSUERS, HEALTH PLANS, AND 
              FEDERAL HEALTH CARE PROGRAMS.

    (a) Requirement To Use Plain Language in New Documents.--Not later 
than 1 year after the date of enactment of this Act, any health 
insurance issuer, health plan, and Federal health care program shall 
use plain language in any covered document of the plan issued or 
substantially revised.
    (b) Guidance.--
            (1) In general.--
                    (A) Development.--Not later than 6 months after the 
                date of enactment of this Act, the Secretary of Health 
                and Human Services (in this Act referred to as the 
                ``Secretary'') shall develop guidance on implementing 
                the requirements of subsection (a).
                    (B) Issuance.--The Secretary shall issue the 
                guidance developed under subparagraph (A) to health 
                insurance issuers, health plans, and Federal health 
                care programs.
            (2) Interim guidance.--Before the issuance of guidance 
        under paragraph (1), any health insurance issuer, health plan, 
        or Federal health care program may follow the--
                    (A) guidance of the writing guidelines developed by 
                the Plain Language Action and Information Network; or
                    (B) guidance provided by the head of the agency 
                that is consistent with the guidelines referred to 
                under subparagraph (A).
    (c) Enforcement.--
            (1) Health insurance issuers and health plans.--
                    (A) Corrective action plan.--If the Secretary finds 
                that a health insurance issuer or health plan is in 
                violation of subsection (a), the Secretary shall issue 
                an order requiring the issuer or plan to submit a 
                corrective action plan within 90 days for review and 
                approval by the Secretary.
                    (B) Civil penalties.--Any health insurance issuer 
                or health plan that violates an order under 
                subparagraph (A) or any provision of a corrective 
                action plan approved by the Secretary pursuant to 
                subparagraph (A) shall be liable to the United States 
                for a civil penalty in an amount not to exceed $10,000 
                for each such violation, and not to exceed $50,000 for 
                all such violations adjudicated in a single proceeding.
            (2) Federal health care programs.--The Secretary, in 
        consultation with other appropriate Federal departments and 
        agencies, shall establish mechanisms to ensure that Federal 
        health care programs meet the requirements of subsection (a).

SEC. 5. REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report that describes how the agency intends 
to meet the following objectives:
            (1) Communicating the requirements of this Act to health 
        insurance issuers, health plans, and Federal health care 
        programs.
            (2) Training Federal health care program employees to write 
        in plain language.
            (3) Meeting the requirement under section 4(a).
            (4) Ensuring ongoing compliance with the requirements of 
        this Act.
            (5) Enforcing the requirements of this Act pursuant to 
        section 4(c).
            (6) Designating a senior official to be responsible for 
        implementing the requirements of this Act.
    (b) Annual and Other Reports.--The Secretary shall submit reports 
on compliance with this Act to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate--
            (1) annually for the first 2 years after the date of 
        enactment of this Act; and
            (2) once every 3 years thereafter.