II

104TH CONGRESS

2D SESSION S. 1876

To amend chapter 89 of title 5, United States Code, to end health insurance

portability for Members of Congress and eliminate continued coverage

for departing Members of Congress until health insurance portability

for other United States citizens is enacted into law, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 13, 1996

Mr. HARKIN (for himself and Mr. BAUCUS) introduced the following bill;

which was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend chapter 89 of title 5, United States Code, to

end health insurance portability for Members of Congress

and eliminate continued coverage for departing Members

of Congress until health insurance portability for other

United States citizens is enacted into law, 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. LIMITATIONS OF HEALTH CARE COVERAGE

4 FOR MEMBERS OF CONGRESS.

5 (a) FINDINGS.—The Congress finds that—
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1 (1) an estimated 81,000,000 United States citi2 zens suffer from some type of preexisting medical

3 condition that could make it difficult to obtain

4 health coverage, especially for that condition;

5 (2) millions of citizens are at risk of being sub6 jected to preexisting condition exclusions under cur7 rent law because they change jobs, lose jobs, or work

8 for employers who change insurance policies;

9 (3) Members of Congress may—

10 (A) choose to receive a health plan through

11 the Federal Employees Health Benefits Pro12 gram; and

13 (B) enroll in a plan without facing restric14 tions because of health status or preexisting

15 medical conditions;

16 (4) health care coverage for Members of Con17 gress under such program—

18 (A) is portable because Members can

19 change plans without worry of preexisting con20 dition exclusions or waiting periods; and

21 (B) cannot be canceled and is required to

22 be renewed;

23 (5) Members of Congress are often eligible to

24 continue to receive health care through the Federal
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1 Employees Health Benefits Program after they leave

2 Congress; and

3 (6) Congress should pass legislation to ensure

4 health insurance portability for United States citi5 zens.

6 (b) ENDING HEALTH INSURANCE PORTABILITY AND

7 OTHER PROTECTIONS FOR MEMBERS OF CONGRESS.—

8 (1) IN GENERAL.—Section 8902 of title 5,

9 United States Code, is amended by adding at the

10 end the following new subsection:

11 ‘‘(o)(1) Notwithstanding subsection (f) or (h), or any

12 other provision of this chapter, a contract for a plan under

13 this chapter shall provide that a carrier may—

14 ‘‘(A) include in a plan offered to an individual

15 described under paragraph (2) preexisting condition

16 exclusions and impose a limitation or exclusion of

17 benefits relating to treatment of a preexisting condi18 tion based on the fact that the condition existed

19 prior to enrollment;

20 ‘‘(B) exclude from enrollment an individual de21 scribed under paragraph (2) due to health status or

22 preexisting condition; or

23 ‘‘(C) refuse to renew the health plan of an indi24 vidual described under paragraph (2) due to health

25 status or preexisting condition.
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1 ‘‘(2) Paragraph (1) shall apply with respect to the

2 health status or preexisting condition of a member of fam3 ily of an individual described under paragraph (3).

4 ‘‘(3) An individual referred to under paragraphs (1)

5 and (2) is—

6 ‘‘(A) a Member of Congress; or

7 ‘‘(B) an annuitant who on the date immediately

8 preceding the date of retirement described under

9 section 8901(3)(A) was a Member of Congress.

10 ‘‘(4) This subsection shall cease to be effective on and

11 after the date on which the Director of the Office of Per12 sonnel Management has received certification from the

13 Secretary of Labor that a statute has been enacted into

14 law that—

15 ‘‘(A) makes health coverage for United States

16 citizens portable by limiting exclusions for preexist17 ing conditions;

18 ‘‘(B) guarantees availability of health insurance

19 to United States citizens; and

20 ‘‘(C) guarantees renewability of health coverage

21 to employers and individuals as long as premiums

22 are paid.’’.

23 (2) EFFECTIVE DATE.—This subsection shall

24 take effect 30 days after the date of the enactment

25 of this section.
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1 (c) ELIMINATION OF COVERAGE FOR DEPARTING

2 MEMBERS OF CONGRESS.—Section 8905 of title 5, United

3 States Code, is amended—

4 (1) in subsection (b) by striking ‘‘An annu5 itant’’ and inserting ‘‘Subject to subsection (g), an

6 annuitant’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(g)(1) This section shall not apply to any annuitant

10 who—

11 ‘‘(A) on the date immediately preceding the

12 date of retirement described under section

13 8901(3)(A) was a Member of Congress; and

14 ‘‘(B) becomes an annuitant on or after the date

15 which occurs 30 days after the date of the enact16 ment of this subsection.

17 ‘‘(2) This subsection shall cease to be effective on and

18 after the date on which the Director of the Office of Per19 sonnel Management has received certification from the

20 Secretary of Labor that a statute has been enacted into

21 law that—

22 ‘‘(A) makes health coverage for United States

23 citizens portable by limiting exclusions for preexist24 ing conditions;
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1 ‘‘(B) guarantees availability of health insurance

2 to United States citizens; and

3 ‘‘(C) guarantees renewability of health coverage

4 to employers and individuals as long as premiums

5 are paid.’’.

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