I

103D CONGRESS

1ST SESSION H. R. 3618

To amend title I of the Employee Retirement Income Security Act of 1974

to exempt from preemption thereunder certain provisions of law of the

State of Oregon relating to the Oregon Health Plan.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. WYDEN (for himself and Ms. FURSE) introduced the following bill; which

was referred to the Committee on Education and Labor

A BILL

To amend title I of the Employee Retirement Income Security Act of 1974 to exempt from preemption thereunder

certain provisions of law of the State of Oregon relating

to the Oregon Health Plan.

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 ‘‘Universal Health Care

5 for Oregonians Act of 1993’’.
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1 SEC. 2. EXEMPTION FROM ERISA PREEMPTION OF CERTAIN

2 PROVISIONS OF THE LAW OF THE STATE OF

3 OREGON RELATING TO HEALTH PLANS.

4 Section 514(b) of the Employee Retirement Income

5 Security Act of 1974 (29 U.S.C. 1144(b)) is amended by

6 adding at the end the following new paragraph:

7 ‘‘(9)(A) Subject to subparagraph (B), subsection (a)

8 shall not apply to the following provisions of the law of

9 the State of Oregon as applied to a group health plan:

10 ‘‘(i) Chapter 838, Oregon Laws 1989 (relating

11 to the creation and operation of a high-risk insur12 ance pool).

13 ‘‘(ii) Chapter 591, Oregon Laws 1987, chapter

14 381, Oregon Laws 1989, and chapter 916, Oregon

15 Laws 1991 (relating to employer-based health plan

16 coverage reforms).

17 ‘‘(iii) Chapter 470, Oregon Laws 1991 (relating

18 to health care cost containment and technology as19 sessment).

20 ‘‘(iv) Chapter 836, Oregon Laws 1989 and

21 chapter 753, Oregon Laws 1991 (relating to

22 prioritization and medical assistance reforms).

23 ‘‘(v) Chapter 815, Oregon Laws 1993 (relating

24 to phasing in of employer coverage and other revi25 sions of the Oregon Health Plan).
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1 ‘‘(vi) Any other provision of the law of the

2 State of Oregon, to the extent that such provision is

3 necessary to achieve universal coverage under the

4 Oregon Health Plan.

5 ‘‘(B) Subparagraph (A) shall apply with respect to

6 any provision of the law of the State of Oregon which pro7 vides, directly or indirectly, for taxation of employers or

8 group health plans only if under such provision the assess9 ment of the tax is under a uniform schedule, applicable

10 to all employers and group health plans, and does not dis11 criminate on the basis of the extent to which a group

12 health plan is insured.

13 ‘‘(C) For purposes of this paragraph, the term ‘group

14 health plan’ has the meaning provided in section 607(1).’’.

15 SEC. 3. APPLICABILITY OF FEDERAL HEALTH REFORM

16 LEGISLATION TO THE STATE OF OREGON.

17 The State of Oregon shall not be treated as failing

18 to comply with applicable requirements of any Federal

19 health reform law, which is enacted on or after the date

20 of the enactment of this Act and which provides for cov21 erage of individuals under a comprehensive benefit pack22 age, before the first day of the first calendar year following

23 the calendar year in which all other States have in effect

24 plans under which individuals are eligible for coverage
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1 under a comprehensive benefit package in compliance with

2 such law.

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