I 

118TH CONGRESS 

2D SESSION H. R. 7641 

To prohibit the inclusion of mandatory predispute arbitration clauses and 

clauses limiting class action lawsuits in health insurance contracts. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2024 

Ms. PORTER (for herself, Mr. DOGGETT, Ms. SCHAKOWSKY, and Ms. 

DELAURO) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Ways and Means, and Education and the Workforce, for a period to be 

subsequently determined by the Speaker, 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 contracts. 

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 ‘‘Justice for Patients 

5 Act’’. 


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1 SEC. 2. PROHIBITION ON MANDATORY PREDISPUTE ARBI2 TRATION AND LIMITATIONS ON CLASS AC3 TION LAWSUITS. 

4 (a) PHSA.—Part D of title XXVII of the Public 

5 Health Service Act (42 U.S.C. 300gg–111 et seq.) is 

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 2799A–11. PROHIBITION ON INCLUSION OF CERTAIN 

8 REQUIREMENTS IN HEALTH INSURANCE 

9 CONTRACTS. 

10 ‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR11 BITRATION.—A group health plan or a health insurance 

12 issuer offering group or individual health insurance cov13 erage may not include in any plan provision, agreement, 

14 or arrangement, any predispute arbitration clause that re15 quires the arbitration of any claim relating to such plan 

16 or coverage that otherwise may be brought by a partici17 pant or beneficiary under State or Federal law. Any such 

18 provisions requiring predispute arbitration shall have no 

19 force or effect. 

20 ‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC21 TIONS.—A group health plan or issuer offering group or 

22 individual health insurance coverage may not include in 

23 any plan provision, agreement, or arrangement, any limi24 tation on the ability of a participant or beneficiary of such 

25 plan or coverage to engage in a class action lawsuit relat26 ing to the administration of such plan or coverage that 


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1 otherwise may be brought by a participant or beneficiary 

2 under State or Federal law.. 

3 ‘‘(c) APPLICABILITY.—An issue as to whether this 

4 section applies with respect to a dispute shall be deter5 mined under Federal law. The applicability of this section 

6 to an agreement to arbitrate and the validity and enforce7 ability of an agreement to which this section applies shall 

8 be determined by a court, rather than an arbitrator, irre9 spective of whether the party resisting arbitration chal10 lenges the arbitration agreement specifically or in conjunc11 tion with other terms of the contract containing such 

12 agreement, and irrespective of whether the agreement pur13 ports to delegate such determinations to an arbitrator.’’. 

14 (b) ERISA.— 

15 (1) IN GENERAL.—Subpart B of part 7 of sub16 title B of title I of the Employee Retirement Income 

17 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 

18 amended by adding at the end the following new sec19 tion: 

20 ‘‘SEC. 726. PROHIBITION ON INCLUSION OF CERTAIN RE21 QUIREMENTS IN HEALTH INSURANCE CON22 TRACTS. 

23 ‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR24 BITRATION.—A group health plan or a health insurance 

25 issuer offering group or individual health insurance covVerDate Sep 11 2014 23:38 Mar 21, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7641.IH H7641

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1 erage may not include in any plan provision, agreement, 

2 or arrangement, any predispute arbitration clause that re3 quires the arbitration of any claim relating to such plan 

4 or coverage that otherwise may be brought by a partici5 pant or beneficiary under State or Federal law. Any such 

6 provisions requiring predispute arbitration shall have no 

7 force or effect. 

8 ‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC9 TIONS.—A group or individual health plan or a health in10 surance issuer offering group health insurance coverage 

11 may not include any limitation on the ability of a partici12 pant or beneficiary of such plan or coverage to engage in 

13 a class action lawsuit relating to the administration of 

14 such plan or coverage that otherwise may be brought by 

15 a participant or beneficiary under State or Federal law. 

16 ‘‘(c) APPLICABILITY.—An issue as to whether this 

17 section applies with respect to a dispute shall be deter18 mined under Federal law. The applicability of this section 

19 to an agreement to arbitrate and the validity and enforce20 ability of an agreement to which this section applies shall 

21 be determined by a court, rather than an arbitrator, irre22 spective of whether the party resisting arbitration chal23 lenges the arbitration agreement specifically or in conjunc24 tion with other terms of the contract containing such 


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•HR 7641 IH

1 agreement, and irrespective of whether the agreement pur2 ports to delegate such determinations to an arbitrator.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in section 1 of such Act is amended by adding 

5 at the end the following new item: 

‘‘Sec. 726. Prohibition on inclusion of certain requirements in health insurance 

contracts.’’. 

6 (c) IRC.— 

7 (1) IN GENERAL.—Subchapter B of chapter 

8 100 of the Internal Revenue Code of 1986 is amend9 ed by adding at the end the following new section: 

10 ‘‘SEC. 9826. PROHIBITION ON INCLUSION OF CERTAIN RE11 QUIREMENTS IN HEALTH INSURANCE CON12 TRACTS. 

13 ‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR14 BITRATION.—A group health plan or health insurance 

15 issuer offering group or individual health insurance cov16 erage may not include in any plan provision, agreement, 

17 or arrangement, any predispute arbitration clause that re18 quires the arbitration of any claim relating to such plan 

19 or coverage that otherwise may be brought by a partici20 pant or beneficiary under State or Federal law. Any such 

21 provisions requiring predispute arbitration shall have no 

22 force or effect. 

23 ‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC24 TIONS.—A group health plan or a health insurance issuer 


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•HR 7641 IH

1 offering group or individual health insurance coverage 

2 may not include any limitation on the ability of a partici3 pant or beneficiary of such plan or coverage to engage in 

4 a class action lawsuit relating to the administration of 

5 such plan or coverage that otherwise may be brought by 

6 a participant or beneficiary under State or Federal law. 

7 ‘‘(c) APPLICABILITY.—An issue as to whether this 

8 section applies with respect to a dispute shall be deter9 mined under Federal law. The applicability of this section 

10 to an agreement to arbitrate and the validity and enforce11 ability of an agreement to which this section applies shall 

12 be determined by a court, rather than an arbitrator, irre13 spective of whether the party resisting arbitration chal14 lenges the arbitration agreement specifically or in conjunc15 tion with other terms of the contract containing such 

16 agreement, and irrespective of whether the agreement pur17 ports to delegate such determinations to an arbitrator.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions for such subchapter is amended by adding at 

20 the end the following new item: 

‘‘Sec. 9826. Prohibition on inclusion of certain requirements in health insurance contracts.’’. 

Æ 


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