I 

114TH CONGRESS 

1ST SESSION H. R. 4299 

To amend the Public Health Service Act to prevent the Secretary of Health 

and Human Services from limiting access to excepted benefits, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2015 

Mr. BLUM (for himself, Mr. KING of Iowa, and Mr. CHABOT) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to prevent the 

Secretary of Health and Human Services from limiting 

access to excepted benefits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Patient Opportunity 

5 Protection Act of 2015’’. 


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•HR 4299 IH

1 SEC. 2. TREATMENT OF HOSPITAL INDEMNITY OR OTHER 

2 FIXED INDEMNITY INSURANCE AS EXCEPTED 

3 BENEFITS. 

4 Section 2763 of the Public Health Service Act (42 

5 U.S.C. 300gg–63) is amended— 

6 (1) in subsection (b), by striking ‘‘The require7 ments of’’ and inserting the following: 

8 ‘‘(1) EXCEPTION.—The requirements of’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) HOSPITAL INDEMNITY OR OTHER FIXED

11 INDEMNITY INSURANCE.—In applying paragraph 

12 (1), the Secretary shall not take any action (by regu13 lation, guidance, policy statement, or otherwise) to 

14 require a hospital indemnity or other fixed indemnity 

15 insurance (as described in section 2791(c)(3)(B)) to 

16 be treated as an excepted benefit only if the benefits 

17 of the hospital indemnity or other fixed indemnity 

18 insurance are provided to an individual who— 

19 ‘‘(A) has other health coverage that is min20 imum essential coverage within the meaning of 

21 section 5000A(f) of the Internal Revenue Code; 

22 or 

23 ‘‘(B) is otherwise treated as having such 

24 minimum essential coverage.’’. 


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1 SEC. 3. NO ADDITIONAL CONDITIONS FOR TREATMENT AS 

2 EXCEPTED BENEFIT. 

3 Section 2791 of the Public Health Service Act (42 

4 U.S.C. 300gg–91) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(f) NO ADDITIONAL CONDITIONS FOR TREATMENT

7 AS EXCEPTED BENEFIT.—In applying subsection (c), the 

8 Secretary shall not impose any additional condition that 

9 must be satisfied in order for benefits (or any combination 

10 thereof) to be treated as excepted benefits, including any 

11 condition that to be an excepted benefit the benefits must 

12 be provided only to individuals who have other health in13 surance coverage that is major medical coverage or is min14 imum essential coverage within the meaning of section 

15 5000A(f) of the Internal Revenue Code of 1986.’’. 

16 SEC. 4. EFFECTIVE DATE. 

17 The amendments made by sections 2 and 3 shall take 

18 effect as if included in the Patient Protection and Afford19 able Care Act (Public Law 111–148), and any final rule, 

20 guidance, policy statement, or other action taken by the 

21 Secretary of Health and Human Services that is incon22 sistent with such amendments is null and void. 

Æ 


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