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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1769 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1769

 To provide relief to individuals and businesses affected by Hurricane 
 Katrina related to healthcare and health insurance coverage, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2005

Mr. Enzi (for himself, Mr. Kennedy, Mr. Alexander, Mr. Dodd, Mr. Burr, 
 Ms. Mikulski, Mr. DeWine, and Mrs. Clinton) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To provide relief to individuals and businesses affected by Hurricane 
 Katrina related to healthcare and health insurance coverage, 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 ``Public Health and Health Insurance 
Emergency Response Act of 2005''.

          TITLE I--CLARIFICATION OF A PUBLIC HEALTH EMERGENCY

SEC. 101. MODIFICATION TO THE DEFINITION OF PUBLIC HEALTH EMERGENCY.

    Section 319 of the Public Health Service Act (42 U.S.C. 247d) is 
amended--
            (1) in subsection (a), by inserting before the last 
        sentence, the following: ``Any determination under this section 
        shall specify the geographic area with respect to which such 
        determination applies.''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Statutory Waiver.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, if the Secretary declares a public health emergency 
        pursuant to subsection (a), the Secretary may waive the 
        following statutory requirements:
                    ``(A) Reporting or administrative requirements.--In 
                any case in which the Secretary determines that, wholly 
                or partially as a result of a public health emergency 
                that has been determined pursuant to subsection (a), 
                individuals or public or private entities are unable to 
                comply with deadlines for the submission to the 
                Secretary of data, reports, or other materials, or for 
                the completion of other administrative tasks required 
                under any law administered by the Secretary, the 
                Secretary may grant such extensions of such deadlines 
                as the circumstances may reasonably require, and may 
                waive, wholly or partially, any sanctions otherwise 
                applicable to such failure to comply.
                    ``(B) Vaccinations.--With respect to section 317 of 
                this Act and section 1928 of the Social Security Act, 
                the Secretary may waive requirements related to the 
                eligibility of adults and children for participation in 
                the program for those in an area with respect to which 
                the Secretary has declared a public health emergency 
                during the period of such declaration.
                    ``(C) Extension of availability of funds.--If, as a 
                result of a public health emergency declared pursuant 
                to subsection (a), the Secretary determines that the 
                Secretary is unable to obligate funds for a particular 
                fiscal year, such funds shall remain available for an 
                additional 180 days.
                    ``(D) Matching requirements.--In any case in which 
                the Secretary determines that an entity in an area with 
                respect to which the Secretary has declared a public 
                health emergency pursuant to subsection (a) is unable 
                to provide funds required as a condition of Federal 
                matching under any provision of the Public Health 
                Service Act, the Secretary may grant a waiver of such 
                funding requirement for the fiscal years covered by 
                such emergency declaration. To the extent that 
                additional amounts have been appropriated for programs 
                that have received a waiver under this subparagraph as 
                a result of Hurricane Katrina, the Secretary may make 
                such additional amounts available to entities on a pro 
                rata basis.
                    ``(E) Mobilizing resources to provide access.--If 
                the Secretary declares a public health emergency 
                pursuant to subsection (a) with respect to an area, the 
                Secretary may deem such area as a health professional 
                shortage area (as defined under section 332(a)), a 
                medically underserved population (as defined under 
                section 330(b)(3)), or a medically underserved area or 
                community during the period of such declaration.
    ``(e) Licensing and Liability Provisions.--If the Secretary 
declares a public health emergency pursuant to subsection (a) with 
respect to an area, the Secretary may waive the application of 
licensing requirements applicable to physicians and other health care 
professionals who are volunteering to provide medical services (within 
their scope of practice) within such area as part of a coordinated 
emergency response if such physicians or health care professionals have 
equivalent licensing in good standing in another State and are not 
affirmatively excluded from practice in that State or in any State a 
part of which is included in the designated public health emergency 
area. A physician or other health care professional described in 
section 2811(d)(1) shall be covered by the provisions of section 
2811(d)(2), including with respect to liability.
    ``(f) FDA Waiver Authority.--If the Secretary declares a public 
health emergency pursuant to subsection (a) with respect to an area, 
the Secretary may--
            ``(1) waive the requirements in the second sentence of 
        section 304(h)(1)(B) of the Federal Food, Drug, and Cosmetic 
        Act;
            ``(2) waive the requirement of section 304(h)(2) of such 
        Act that limits the administrative detention of foods to not 
        more than 30 days; and
            ``(3) waive the requirement of section 304(h)(4)(A) of such 
        Act relating to the timing of an opportunity for an informal 
        hearing upon the appeal of a detention order.
Under paragraph (1), the Secretary may not waive the requirements of 
sections 1.392 or 1.393 of title 21, Code of Federal Regulations, or 
any successor regulations thereto.
    ``(g) Report.--Not later than 2 days after granting any waiver 
under subsection (d), (e), or (f), the Secretary shall notify the 
appropriate committees of Congress of such action. The Secretary shall 
publish in the Federal Register a notice of such waiver in a timely 
manner. Such notification shall include, if applicable--
            ``(1) the specific provisions of law to be waived or 
        modified;
            ``(2) the rationale for such waiver or modification;
            ``(3) the geographic area in which the waiver or 
        modification will apply; and
            ``(4) the period of time, not to exceed the period of the 
        emergency, for which the waiver or modification will be in 
        effect.
    ``(h) Authority for Retroactive Application.--A waiver or 
modification described in subsections (d), (e), and (f), at the 
discretion of the Secretary, may be made retroactive to the beginning 
of the emergency period or any subsequent date in such period as 
specified by the Secretary.''.

SEC. 102. SENSE OF CONGRESS CONCERNING THE HURRICANE KATRINA-RELATED 
              PUBLIC HEALTH EMERGENCY.

    It is the sense of Congress that--
            (1) with respect to the public health emergency declared 
        under section 319 of the Public Health Service Act (42 U.S.C. 
        247d) resulting from Hurricane Katrina, the Secretary of Health 
        and Human Services, in coordination with other Federal entities 
        (including the Federal Emergency Management Association, the 
        Department of Defense, the Department of Veterans' Affairs, 
        Environmental Protection Agency, and the National Disaster 
        Medical System), State and local governments, and public and 
        private sector entities, where appropriate, should ensure the 
        following:
                    (A) grants and funding should be provided to 
                address ongoing emergency responses and recovery;
                    (B) the provision of health services including 
                medical specialty services, health-related social 
                services including protection and advocacy services, 
                other appropriate human services, and appropriate 
                auxiliary services to respond to the needs of the 
                survivors of the public health emergency;
                    (C) clinicians deployed as part of the emergency 
                response efforts who are licensed and certified within 
                their respective State and in good standing within 
                their State should be afforded appropriate liability 
                protections;
                    (D) clinicians deployed as part of the emergency 
                response who are licensed or otherwise certified in 
                their respective State and in good standing within 
                their State should not need to fulfill additional 
                licensure or certification requirements in areas 
                declared to be part of a public health emergency;
                    (E) individuals within the public health emergency 
                areas should be able to access quality mental health 
                and substance abuse services including services to 
                reduce and identify individuals at risk of suicide and 
                post-traumatic stress disorder and provide appropriate 
                interventions;
                    (F) environmental teams should be deployed to 
                provide assessments and environmental controls for 
                areas within the public health emergency;
                    (G) social services, including protection and 
                advocacy services and access to domestic violence 
                shelters, should be extended to those within the public 
                health emergency areas;
                    (H) communication resources should be available to 
                those displaced by the hurricane including access to 2-
                1-1 call centers;
                    (I) support services including supports, equipment, 
                supplies, medications, and other types of assistance 
                (such as those provided through the Developmental 
                Disabilities Assistance and Bill of Rights Act of 2000) 
                should be available to vulnerable populations including 
                the elderly and individuals with disabilities;
                    (J) real time electronic surveillance, diagnosis, 
                and treatment of epidemic, re-emerging, and emerging 
                diseases, including a functioning diagnostic 
                laboratory, should be provided for those dislocated as 
                a result of Hurricane Katrina and first-responders;
                    (K) funding should be provided to help healthcare 
                facilities, medical research facilities, community 
                health centers, and other essential public health and 
                health care infrastructure components to assist them in 
                the ongoing response efforts, to clean up their 
                facilities, or to rebuild;
                    (L) coordination and minimizing the duplication of 
                Federal, State, and local response and recovery 
                efforts;
                    (M) funding should be provided to ensure that the 
                Strategic National Stockpile is able to provide and 
                appropriately deploy the necessary drugs, vaccines, and 
                other biological products, medical devices, and other 
                supplies needed to address acute exacerbations of 
                chronic illness as well as acute injuries and illness 
                resulting from Hurricane Katrina;
                    (N) funding should be provided to the Centers for 
                Disease Control and Prevention and the National 
                Institutes of Health to pay for needed communications, 
                including public service announcements on radio and 
                television, to provide for additional personnel, and to 
                provide needed health and safety training and resources 
                to affected workers and employers;
                    (O) none of the funds provided by the Secretary of 
                Health and Human Services in response to Hurricane 
                Katrina should made available to entities that have 
                been indicted for abandoning patients during the 
                disaster period; and
                    (P) the Department of Health and Human Services 
                should conduct an effective ongoing program to monitor 
                the health of survivors of Hurricane Katrina and of 
                workers and volunteers involved in rescue, response, 
                and rebuilding efforts due to Hurricane Katrina, and 
                that such a program should include screening for health 
                conditions (including mental health conditions) and 
                appropriate referrals; and
            (2) the current public health emergency declared by 
        Secretary Leavitt relating to Hurricane Katrina under such 
        section 319 should be extended beyond 90 days.

                     TITLE II--HEALTHCARE RESPONSE

SEC. 201. ASSISTANCE TO STATES IN A PUBLIC HEALTH EMERGENCY.

    Section 311(c)(2) of the Public Health Service Act (42 U.S.C. 
243(c)(2)) is amended--
            (1) by striking ``(2) The'' and inserting the following:
    ``(2)(A) Except as provided in subparagraph (B), the''; and
            (2) by adding at the end the following:
    ``(B) If the Secretary declares a public health emergency under 
section 319, the 6 month period described in the first sentence of 
subparagraph (A) may be extended for a period of not to exceed 18 
months with respect to assistance to geographic areas that are the 
subject of such declaration.''.

SEC. 202. STRENGTHENING THE HEALTHCARE SAFETY NET.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services may temporarily provide (for the period for which a 
determination of public health emergency is in effect under section 319 
of the Public Health Service Act (42 U.S.C. 247d)) with respect to 
Hurricane Katrina that any health center or facility providing primary 
and preventive care that--
            (1) is located in an area to which such determination 
        applies, and
            (2) treats individuals displaced by Hurricane Katrina;
shall receive reimbursement for such treatment from Federal health 
programs at the same rate at which a Federally qualified health center 
(as defined in section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1596d(l)(2)(B))) would receive such reimbursement and shall be 
eligible to receive funds under section 330 of the Public Health 
Service Act (42 U.S.C. 245b) with respect to services furnished to 
individuals displaced by Hurricane Katrina if additional funds are made 
available under such section for Hurricane Katrina response efforts.

SEC. 203. MENTAL HEALTH NEEDS.

    (a) Ensuring Funding for Mental Health in Times of National 
Crisis.--Section 501(m) of the Public Health Service Act (42 U.S.C. 
290aa(m)) is amended by adding at the end the following:
            ``(4) Existing funding.--For purposes of carrying out this 
        subsection, amounts appropriated under this title for emergency 
        response, as provided for in this section, for fiscal years 
        2005 and 2006 shall remain available until expended or until a 
        public health emergency as declared by the Secretary no longer 
        exists.''.
    (b) Strengthening Access to Mental Health Services in an 
Emergency.--Section 520F of the Public Health Service Act (42 U.S.C. 
290bb-37) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Health Center.--In this section, the term `health center' has 
the meaning given such term in section 330, and includes community 
health centers and community mental health centers.'';
            (2) in subsection (c), by adding at the end the following: 
        ``With respect to a declaration of a public health emergency 
        under section 319, the Secretary shall, in awarding such 
        grants, ensure that priority is given to States and localities 
        that are most affected by such emergency.'';
            (3) in subsection (e)(2)--
                    (A) in clause (i), by striking ``individuals'' and 
                all that follows through the semicolon and inserting 
                ``individuals, including children, who may be in need 
                of emergency mental health services, including 
                individuals at risk of developing a mental illness, 
                including Post Traumatic Stress Disorder;''; and
                    (B) in clause (iii), by inserting ``or at risk of 
                developing'' after ``individual with''; and
            (4) in subsection (g), by striking ``2003'' and inserting 
        ``2006''.

SEC. 204. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.

    (a) Assessment and Response.--
            (1) Definitions.--
                    (A) Emergency shelter.--The term ``emergency 
                shelter'' means an emergency shelter for persons 
                described in subparagraph (C)(ii).
                    (B) Individual with a disability.--The term 
                ``individual with a disability'' has the meaning given 
                the term in section 3 of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12102).
                    (C) Individual affected by hurricane katrina.--The 
                term ``individual with a disability affected by 
                Hurricane Katrina'' means a person who is--
                            (i) an individual with a disability, or a 
                        family member of an individual with a 
                        disability; and
                            (ii) a person who resided on August 22, 
                        2005, in an area in which the President has 
                        declared that a major disaster exists, in 
                        accordance with section 401 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170), related to 
                        Hurricane Katrina.
            (2) Assistance.--An entity that receives financial 
        assistance under title I of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et 
        seq.) may use a portion of such financial assistance to--
                    (A) determine the location and status of 
                individuals affected by Hurricane Katrina, who are 
                transferred from emergency shelters to long-term care 
                facilities (including nursing homes and group homes), 
                intermediate care facilities for individuals with 
                mental retardation, hospitals, correctional 
                institutions, and other similar locations; and
                    (B) assess and respond to the needs of individuals 
                affected by Hurricane Katrina to ensure that the 
                individuals receive necessary services, supports, and 
                other types of assistance.
    (b) Oversight and Disaster Assistance.--Subtitle C of title I of 
the Developmental Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.) is amended by inserting after section 
144 the following:

``SEC. 144A. OVERSIGHT AND DISASTER ASSISTANCE.

    ``(a) Definitions.--In this section:
            ``(1) Emergency shelter.--The term `emergency shelter' 
        means an emergency shelter for persons described in paragraph 
        (3)(B).
            ``(2) Individual with a disability.--The term `individual 
        with a disability' has the meaning given the term in section 3 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102).
            ``(3) Individual affected by a major disaster.--The term 
        `individual affected by a major disaster' means a person who 
        is--
                    ``(A) an individual with a disability; and
                    ``(B) a person who resided in an area in which the 
                Secretary has declared a public health emergency under 
                section 319 of the Public Health Service Act, 7 days 
                before the declaration.
            ``(4) Public health emergency.--The term `public health 
        emergency' means a public health emergency as designated under 
        section 319 of the Public Health Service Act.
    ``(b) Oversight.--
            ``(1) Grants.--
                    ``(A) In general.--In a case in which the Secretary 
                of Health and Human Services has declared that a public 
                health emergency exists for a geographic area, and as a 
                result individuals affected by a major disaster are 
                placed in an emergency shelter in a State, the 
                Secretary may make a grant to the system for that 
                State.
                    ``(B) Use of funds.--A system that receives a grant 
                under subparagraph (A) shall use the funds made 
                available through the grant to--
                            ``(i) establish a registry to identify and 
                        maintain information about such individuals who 
                        are in such emergency shelter;
                            ``(ii) track the transfers of such 
                        individuals from such emergency shelter to 
                        community and non-community settings; and
                            ``(iii) provide oversight at such emergency 
                        shelter to assure that such individuals are 
                        receiving necessary services, supports, and 
                        other types of assistance.
            ``(2) Coordination.--In carrying out activities under 
        paragraph (1), the system shall coordinate the activities with 
        the Under Secretary for Emergency Preparedness and Response in 
        the Department of Homeland Security, and with any nonprofit 
        agency (such as the American Red Cross) providing assistance 
        through an emergency shelter described in paragraph (1).
    ``(c) Access.--As soon as practicable after the Secretary of Health 
and Human Services has declared a public health emergency for an area, 
and as a result individuals affected by the emergency are placed in an 
emergency shelter in a State, the Commissioner of the Administration on 
Developmental Disabilities shall notify each emergency shelter in the 
State receiving such individuals that staff of the system for the State 
shall have authority to enter the shelter, and shall have access to the 
individuals affected by the emergency residing in that shelter, to 
provide information related to services, supports, and other types of 
assistance for, and to protect the human, service, and legal rights of, 
individuals affected by the emergency residing in that shelter.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (b) $2,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007.''.

SEC. 205. LIABILITY AND LICENSURE AWARENESS PROMOTION FOR HEALTH 
              VOLUNTEERS.

    (a) In General.--The Secretary of Health and Human Services shall 
utilize the Internet and other appropriate means to disseminate to the 
public information on health professional liability coverage and 
licensure requirements for intermittent disaster response personnel (as 
described in section 2811(d)(1) of the Public Health Service Act (42 
U.S.C. 300hh-11(d)(1))) in areas in which a public health emergency 
have been declared under section 319 of such Act (42 U.S.C. 247d).
    (b) Type of Information.--The information to be provided under 
subsection (a) shall, in the case of a State where health professional 
licensure requirements have been waived, include--
            (1) whether and how intermittent disaster response 
        personnel may be able to receive certain liability protections 
        as described in section 2811(d)(2) of the Public Health Service 
        Act (42 U.S.C. 300hh-(d)(2)), or under applicable provisions of 
        State law;
            (2) the possible limitations of such coverage and 
        protections; and
            (3) other information needed to enable health professionals 
        to make an informed decision about providing volunteer health 
        services.

                    TITLE III--RESEARCH AND REPORTS

SEC. 301. MONITORING THE HEALTHCARE, MENTAL HEALTH, AND PUBLIC HEALTH 
              RESPONSE.

    (a) In General.--The Secretary of Health and Human Services, acting 
through a public service non-profit research and analysis firm, shall 
provide for an immediate and independent review (through the immediate 
collection of data and conduct of analyses) of the lessons learned from 
the Federal, State and local public health, mental health, and medical 
care planning, preparedness, and response to Hurricane Katrina.
    (b) Purpose.--The purpose of the study under subsection (a) is to 
collect available relevant data, through site visits, reviews of 
medical and epidemiological records, interviews with individuals 
residing in an area in which a public health emergency has been 
declared under section 319 of the Public Health Service Act as a result 
of Hurricane Katrina, and interviews with Federal, State, and local 
public health, mental health services, and medical officials. Such 
interviews shall be conducted in a manner that, to the extent 
practicable, does not interfere with the delivery of patient care and 
services.
    (c) Report.--Not later than 120 days after the date of enactment of 
this Act, the Secretary of Health and Human Services shall submit to 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Emergency and Commerce of the House of 
Representatives, a report concerning the lessons learned (as described 
in subsection (a)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 to carry out this section.

SEC. 302. REPORT ON REGULATORY REQUIREMENTS AND FUNDING FORMULAS.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
submit to Congress a report on the specific regulatory requirements and 
funding formulas under the Public Health Service Act (42 U.S.C. 201 et 
seq.) that would assist the Secretary in responding to a public health 
emergency (as declared under section 319 of such Act (42 U.S.C. 247d)).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 303. DEPARTMENT OF HEALTH AND HUMAN SERVICES INSPECTOR GENERAL 
              AUDIT AND REPORT.

    (a) In General.--The Inspector General of the Department of Health 
and Human Services (referred to in this section as the ``Inspector 
General'') shall conduct an audit and investigation of each program 
carried out by the Department of Health and Human Services that 
includes response and recovery activities related to Hurricane Katrina.
    (b) Weekly Report.--Not less frequently than once a week, the 
Inspector General shall provide a report to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Representatives listing the audits 
and investigations initiated pursuant to subsection (a).
    (c) Status Report.--Not later than 6 months after the date of 
enactment of this section, and biannually thereafter until the audits 
and investigations described in subsection (a) are complete, the 
Inspector General shall report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Energy and 
Commerce of the House of Representatives on the full status of the 
activities of the Inspector General under this section.
    (d) Cooperative Ventures.--In carrying out this section, the 
Inspector General is encouraged to enter into cooperative ventures with 
Inspectors General of other Federal agencies.

                  TITLE IV--HEALTH INSURANCE COVERAGE

SEC. 401. TEMPORARY EMERGENCY HEALTH COVERAGE ASSISTANCE FOR BUSINESS 
              AND INDIVIDUALS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), in consultation 
with the insurance commissioners of those States contained in whole or 
in part in the Hurricane Katrina disaster area, shall establish a 
program to provide emergency health coverage continuation relief 
through the provision of direct payments of health insurance premiums 
or continuation assistance on behalf of eligible businesses and their 
employees and purchasers of individual health insurance coverage.
    (b) Definitions.--In this section:
            (1) Eligible individuals.--The term ``eligible individual'' 
        means an individual (and the family dependents of such 
        individual as may be covered under the health insurance 
        coverage in which such individual is enrolled)--
                    (A) who is a citizen, national, or qualified alien 
                as defined in section 431(b) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641(b));
                    (B) whose permanent residence as of August 29, 2005 
                was located in a Hurricane Katrina disaster area;
                    (C) who was covered under individual (non-group) 
                health insurance coverage, including a policy operated 
                pursuant to a qualified high risk pool (as defined in 
                section 2744 of the Public Health Service Act (42 
                U.S.C. 300gg-44)), on August 29, 2005; and
                    (D) whose ability to continue such coverage was 
                severely impaired as a result of hurricane-related 
                disruption in a Hurricane Katrina disaster area.
            (2) Eligible businesses.--The term ``eligible business'' 
        means a corporation, sole proprietorship, or partnership that 
        employs not more than 50 employees and that--
                    (A) operated as of August 29, 2005 in a Hurricane 
                Katrina disaster area;
                    (B) offered coverage under a group health plan (as 
                defined in section 733(a)(1) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 1191b(a)(1))) on 
                August 29, 2005 to employees in a Hurricane Katrina 
                disaster area; and
                    (C) had its ability to continue coverage under such 
                plan severely impaired as a result of disruption of the 
                sponsor's business activity in the Hurricane Katrina 
                disaster area.
            (3) Continuation assistance.--The term ``continuation 
        assistance'' means, in the case of an eligible business that 
        offers health insurance coverage under a self-insured 
        arrangement, assistance in paying administrative services fees, 
        claims costs, stop-loss premiums, and any amounts required to 
        be paid by employees to participate in the arrangement.
            (4) Hurricane katrina disaster area.--The term ``Hurricane 
        Katrina disaster area'' means a parish in the State of 
        Louisiana, a county in the State of Mississippi, or a county in 
        the State of Alabama, for which a major disaster has been 
        declared in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170) as a result of Hurricane Katrina and which the 
        President has determined, before September 11, 2005, warrants 
        both individual and public assistance from the Federal 
        Government under such Act.
    (c) Health Coverage Continuation Relief.--
            (1) In general.--The Secretary shall design and implement 
        the program under subsection (a) in a manner that enables 
        eligible individuals and eligible businesses to be eligible for 
        direct premium reimbursement or continuation assistance to be 
        paid by the Secretary on behalf of such individual or business 
        directly to the health insurance issuer or administrative 
        services provider involved. In the case of an eligible 
        business, premium reimbursement shall include the premium 
        shares of both the employer and employees, as applicable.
            (2) Limitation.--Subject to paragraph (3), in no case shall 
        the value of the assistance provided under the program under 
        this section, with respect to an individual or business, exceed 
        100 percent of the applicable premium for coverage or 
        continuation assistance for the period of coverage involved, 
        including, with respect to employer coverage, the employer and 
        employees' share of premiums, if applicable.
            (3) Enrollment.--
                    (A) In general.--The Secretary shall establish an 
                expedited process for the enrollment of eligible 
                individuals and eligible businesses in the program 
                under this section.
                    (B) Duty of secretary upon receipt of notice.--The 
                Secretary, upon receipt of a notice under subsection 
                (f)(2), shall enroll the eligible individual or 
                eligible business involved in the program under this 
                section.
                    (C) Duty of issuer.--A group health plan, or health 
                insurance insurer with respect to such a plan, shall 
                make a reasonable effort to notify an eligible 
                individual or eligible business--
                            (i) of the automatic enrollment of such 
                        individual or business in the program under 
                        subparagraph (B);
                            (ii) that, if it is later determined that 
                        the means of support of such individual, or the 
                        ability of such business to continue health 
                        insurance coverage, was not severely disrupted 
                        (as determined subject to a randomized 
                        retrospective audit process), such individual 
                        or business may be required at a later date to 
                        repay the program for the amount of premiums or 
                        continuation assistance paid on its behalf; and
                            (iii) that such individual or business may 
                        elect to decline enrollment, or cancel 
                        enrollment, in the program by notifying the 
                        health insurance issuer or administrative 
                        service provider involved.
    (d) Retrospective Audit Authority.--
            (1) In general.--The Secretary shall provide for the 
        application of a randomized retrospective auditing process to 
        the program under this section by a date that is not earlier 
        than November 1, 2005.
            (2) Repayment of funds.--If the Secretary determines, 
        pursuant to the audit process under paragraph (1), that an 
        individual or business that was enrolled in the program under 
        this section did not meet the disruption or other eligibility 
        requirements provided for in paragraph (1) or (2) of subsection 
        (b), the Secretary shall seek the repayment of funds paid on 
        behalf of such individual or business. Such repayments shall be 
        made with no interest or late penalty to accrue prior to the 
        commencement of a repayment period which shall begin not 
        earlier than the date that is 3 months after the date on which 
        a determination and notice of non-eligibility is provided.
            (3) No double payments.--The Secretary shall take 
        appropriate actions to ensure that health insurance issuers do 
        not retain double payments in instances where businesses or 
        individuals pay premiums for any period for which payments have 
        already been made under the program under this section.
    (e) Emergency Period.--Payments under the program under this 
section shall be made only for premiums due during the period beginning 
on August 29, 2005 and expiring 3 months after such date. Prior to the 
expiration of such period, the Secretary may make recommendations to 
Congress regarding any reasonably determined need to extend such 
emergency period.
    (f) Non-Cancellation of Health Insurance Coverage.--
            (1) In general.--During the 3-month emergency period 
        described in subsection (e), health insurance issuers that 
        accept payments under the program under this section shall be 
        prohibited from canceling or terminating health insurance 
        coverage or, in the case of administrative services providers, 
        refusing to process claims under a self-insured arrangement. 
        Such health insurance issuers and administrative service 
        providers shall be prohibited during such period from 
        increasing any amounts due pursuant to such coverage or 
        arrangements that were not previously scheduled pursuant to a 
        contract prior to August 29, 2005.
            (2) Notification.--To be eligible to receive payments under 
        ths program under this section, a health insurance issuer or 
        administrative services provider shall notify the Secretary--
                    (A) not earlier than 31 days following the 
                nonpayment of a scheduled premium payment from an 
                individual or business policyholder in a Hurricane 
                Katrina disaster area, of the fact of such nonpayment 
                (or nonreimbursement of claims under a self-insured 
                arrangement); or
                    (B) following a communication to the health 
                insurance insurer or administrative service provider by 
                an individual or business reasonably indicating 
                eligibility for assistance under such program, of the 
                fact of such communication.
    (g) Expedited Rulemaking.--The Secretary shall utilize expedited 
rulemaking procedures to carry out this section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000 for fiscal year 
2006.

SEC. 402. AUTHORITY TO POSTPONE CERTAIN DEADLINES RELATED TO INDIVIDUAL 
              HEALTH COVERAGE BY REASON OF PRESIDENTIALLY DECLARED 
              DISASTER OR TERRORISTIC OR MILITARY ACTION.

    (a) In General.--Title XXVII of the Public Health Service Act (42 
U.S.C. 300gg et seq.) is amended by adding at the end the following:

``SEC. 2793. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF 
              PRESIDENTIALLY DECLARED DISASTER OR TERRORISTIC OR 
              MILITARY ACTION.

    ``In the case of a plan offered through the individual market, or 
any health insurance issuer, participant, beneficiary, or other person 
with respect to such plan, affected by a Presidentially declared 
disaster (as defined in section 1033(h)(3) of the Internal Revenue Code 
of 1986) or a terroristic or military action (as defined in section 
692(c)(2) of such Code), the Secretary may, notwithstanding any other 
provision of law, prescribe, by notice or otherwise, a period of up to 
1 year which may be disregarded in determining the date by which any 
action is required or permitted to be completed under this title. No 
plan shall be treated as failing to be operated in accordance with the 
terms of the plan solely as a result of disregarding any period by 
reason of the preceding sentence.''.
    (b) Application of Amendment.--The Secretary of Health and Human 
Services shall implement the amendment made by subsection (a) in the 
same manner in which the Secretary of Labor implements section 518 of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1148) 
with respect to group health plans.

                     TITLE V--EMERGENCY DESIGNATION

SEC. 501. EMERGENCY DESIGNATION.

    Any amount provided under this Act is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).
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