II 

118TH CONGRESS 

2D SESSION S. 5375 

To amend title XXVII of the Public Health Service Act to improve health 

care coverage under vision and dental plans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 21, 2024 

Mr. MURPHY (for himself, Mr. CRAMER, and Mr. MULLIN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend title XXVII of the Public Health Service Act 

to improve health care coverage under vision and dental 

plans, 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 ‘‘Vision Lab Choice Act 

5 of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5375 IS

1 SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VI2 SION PLANS. 

3 (a) IN GENERAL.—Title XXVII of the Public Health 

4 Service Act is amended by inserting after section 2719A 

5 (42 U.S.C. 300gg–19a) the following new section: 

6 ‘‘SEC. 2719B. IMPROVING COVERAGE UNDER VISION PLANS. 

7 ‘‘(a) IN GENERAL.—With respect to a group health 

8 plan or individual or group health insurance coverage that 

9 provides benefits for items and services relating to vision 

10 care (including such a plan or coverage that offers limited 

11 scope vision benefits), the following shall apply: 

12 ‘‘(1) DURATION OF LIMITED SCOPE VISION

13 PLANS.—In the case of an agreement between a doc14 tor of optometry or a facility employing a doctor of 

15 optometry, with respect to a plan or coverage that 

16 offers limited scope vision benefits— 

17 ‘‘(A) the term of the initial agreement 

18 shall be not longer than 2 years; 

19 ‘‘(B) the agreement may be extended with 

20 the prior acceptance by the doctor of optometry 

21 or facility employing a doctor of optometry for 

22 each such term extension, and any such exten23 sion may be for a term not longer than 2 years; 

24 and 

25 ‘‘(C) the agreement may be extended for 

26 unlimited terms, subject to subparagraph (B). 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5375 IS

1 ‘‘(2) NO RESTRICTIONS ON CHOICE OF LABORA2 TORIES AND SOURCES AND SUPPLIERS.—A group 

3 health plan or health insurance issuer offering such 

4 coverage may not, directly or indirectly, restrict or 

5 limit a doctor of optometry or facility employing a 

6 doctor of optometry with respect to choice of labora7 tories, or choice of source or supplier of services or 

8 materials provided by the doctor or facility to an in9 dividual who is enrolled under the plan or coverage. 

10 ‘‘(b) NOTIFICATION.—The Secretary shall on an an11 nual basis notify each State of the State’s authority to 

12 enforce the provisions of subsection (a) against a group 

13 health plan or a health insurance issuer offering health 

14 insurance coverage described in subsection (a) pursuant 

15 to section 2723(a)(1) and request confirmation from the 

16 State whether or not the State will enforce the provisions 

17 of subsection (a). If a State notifies the Secretary that 

18 the State will not enforce the provisions of subsection (a) 

19 or fails to respond within 90 days of the Secretary’s re20 quest, the Secretary shall treat such State as failing to 

21 substantially enforce such provisions for purposes of sub22 sections (a)(2) and (b) of section 2723. 

23 ‘‘(c) DEFINITIONS.—In this section— 

24 ‘‘(1) the term ‘doctor of optometry’ means a 

25 doctor of optometry who is legally authorized to 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5375 IS

1 practice optometry by the State in which the doctor 

2 so practices; and 

3 ‘‘(2) the term ‘facility that employs a doctor of 

4 optometry’ means an entity that retains the services 

5 of a doctor of optometry for purposes that include 

6 the delivery of limited scope vision benefits serv7 ices.’’. 

8 (b) CONFORMING AMENDMENT.—Section 2722(c)(1) 

9 of the Public Health Service Act (42 U.S.C. 300gg– 

10 21(c)(1)) is amended by inserting ‘‘(other than the re11 quirements under section 2719B)’’. 

12 (c) EXCLUSIVE APPLICABILITY OF STATE LAW.— 

13 Notwithstanding any amendment made by this Act, State 

14 law that directly affects any standard or requirement re15 lating to health insurance issuers and vision benefit plans, 

16 shall have exclusive application and the amendments made 

17 by this Act shall not apply to the extent that such State 

18 law conflicts with such amendments. The State shall re19 tain exclusive jurisdiction over health insurance issuers 

20 and limited scope vision benefit plans that are directly gov21 erned by such State. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS