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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5375 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vision Lab Choice Act of 2024''.

SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION PLANS.

    (a) In General.--Title XXVII of the Public Health Service Act is 
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the 
following new section:

``SEC. 2719B. IMPROVING COVERAGE UNDER VISION PLANS.

    ``(a) In General.--With respect to a group health plan or 
individual or group health insurance coverage that provides benefits 
for items and services relating to vision care (including such a plan 
or coverage that offers limited scope vision benefits), the following 
shall apply:
            ``(1) Duration of limited scope vision plans.--In the case 
        of an agreement between a doctor of optometry or a facility 
        employing a doctor of optometry, with respect to a plan or 
        coverage that offers limited scope vision benefits--
                    ``(A) the term of the initial agreement shall be 
                not longer than 2 years;
                    ``(B) the agreement may be extended with the prior 
                acceptance by the doctor of optometry or facility 
                employing a doctor of optometry for each such term 
                extension, and any such extension may be for a term not 
                longer than 2 years; and
                    ``(C) the agreement may be extended for unlimited 
                terms, subject to subparagraph (B).
            ``(2) No restrictions on choice of laboratories and sources 
        and suppliers.--A group health plan or health insurance issuer 
        offering such coverage may not, directly or indirectly, 
        restrict or limit a doctor of optometry or facility employing a 
        doctor of optometry with respect to choice of laboratories, or 
        choice of source or supplier of services or materials provided 
        by the doctor or facility to an individual who is enrolled 
        under the plan or coverage.
    ``(b) Notification.--The Secretary shall on an annual basis notify 
each State of the State's authority to enforce the provisions of 
subsection (a) against a group health plan or a health insurance issuer 
offering health insurance coverage described in subsection (a) pursuant 
to section 2723(a)(1) and request confirmation from the State whether 
or not the State will enforce the provisions of subsection (a). If a 
State notifies the Secretary that the State will not enforce the 
provisions of subsection (a) or fails to respond within 90 days of the 
Secretary's request, the Secretary shall treat such State as failing to 
substantially enforce such provisions for purposes of subsections 
(a)(2) and (b) of section 2723.
    ``(c) Definitions.--In this section--
            ``(1) the term `doctor of optometry' means a doctor of 
        optometry who is legally authorized to practice optometry by 
        the State in which the doctor so practices; and
            ``(2) the term `facility that employs a doctor of 
        optometry' means an entity that retains the services of a 
        doctor of optometry for purposes that include the delivery of 
        limited scope vision benefits services.''.
    (b) Conforming Amendment.--Section 2722(c)(1) of the Public Health 
Service Act (42 U.S.C. 300gg-21(c)(1)) is amended by inserting ``(other 
than the requirements under section 2719B)''.
    (c) Exclusive Applicability of State Law.--Notwithstanding any 
amendment made by this Act, State law that directly affects any 
standard or requirement relating to health insurance issuers and vision 
benefit plans, shall have exclusive application and the amendments made 
by this Act shall not apply to the extent that such State law conflicts 
with such amendments. The State shall retain exclusive jurisdiction 
over health insurance issuers and limited scope vision benefit plans 
that are directly governed by such State.
                                 <all>
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