I 

115TH CONGRESS 

1ST SESSION H. R. 1121 

To amend the Public Health Service Act to prohibit application of preexisting condition exclusions and to guarantee availability of health insurance coverage in the individual and group market, contingent on the 

enactment of legislation repealing the Patient Protection and Affordable 

Care Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. WALDEN (for himself, Mr. LATTA, Mr. WALBERG, Mr. GUTHRIE, Mr. 

LANCE, Mr. MCKINLEY, Mr. BILIRAKIS, Mrs. MIMI WALTERS of California, Mr. MITCHELL, Mr. BISHOP of Michigan, Mrs. WAGNER, Mrs. 

BROOKS of Indiana, Mr. KNIGHT, Mr. BUCSHON, Mr. CRAMER, Mr. RODNEY DAVIS of Illinois, Mr. POLIQUIN, Ms. HERRERA BEUTLER, Mr. 

REICHERT, Mr. HARPER, Mr. UPTON, Mr. ROYCE of California, Mr. 

ALLEN, Mr. ABRAHAM, Mr. TIPTON, Mr. SMUCKER, Mr. KELLY of Pennsylvania, Mr. DENHAM, Mr. DONOVAN, Mr. FORTENBERRY, Ms. JENKINS

of Kansas, Mr. COLLINS of New York, Mr. STIVERS, Mrs. MCMORRIS

RODGERS, Mr. COSTELLO of Pennsylvania, Mr. FLORES, Mr. ROSKAM, 

Mr. KINZINGER, Mr. SHUSTER, Mr. TIBERI, Mr. WILSON of South Carolina, Mr. SIMPSON, and Mr. MURPHY of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend the Public Health Service Act to prohibit application of pre-existing condition exclusions and to guarantee 

availability of health insurance coverage in the individual 

and group market, contingent on the enactment of legisVerDate Sep 11 2014 23:10 Feb 23, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1121.IH H1121

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lation repealing the Patient Protection and Affordable 

Care Act, 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 ‘‘Pre-existing Conditions 

5 Protection Act of 2017’’. 

6 SEC. 2. PROHIBITION OF PRE-EXISTING CONDITION EXCLU7 SIONS. 

8 (a) GROUP MARKET.—Subject to section 6(a) of this 

9 Act, subpart 1 of part A of title XXVII of the Public 

10 Health Service Act (42 U.S.C. 300gg et seq.), as restored 

11 or revived pursuant to PPACA repeal legislation described 

12 in section 6(b) of this Act, is amended by striking section 

13 2701 and inserting the following: 

14 ‘‘SEC. 2701. PROHIBITION OF PRE-EXISTING CONDITION EX15 CLUSIONS. 

16 ‘‘(a) IN GENERAL.—A group health plan or a health 

17 insurance issuer offering group health insurance coverage 

18 may not impose any pre-existing condition exclusion with 

19 respect to such plan or coverage. 

20 ‘‘(b) DEFINITIONS.—For purposes of this section: 

21 ‘‘(1) PRE-EXISTING CONDITION EXCLUSION.— 

22 ‘‘(A) IN GENERAL.—The term ‘pre-existing 

23 condition exclusion’ means, with respect to a 

24 group health plan or health insurance coverage, 


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1 a limitation or exclusion of benefits relating to 

2 a condition based on the fact that the condition 

3 was present before the date of enrollment in 

4 such plan or for such coverage, whether or not 

5 any medical advice, diagnosis, care, or treat6 ment was recommended or received before such 

7 date. 

8 ‘‘(B) TREATMENT OF GENETIC INFORMA9 TION.—Genetic information shall not be treated 

10 as a pre-existing condition in the absence of a 

11 diagnosis of the condition related to such infor12 mation. 

13 ‘‘(2) DATE OF ENROLLMENT.—The term ‘date 

14 of enrollment’ means, with respect to an individual 

15 covered under a group health plan or health insur16 ance coverage, the date of enrollment of the indi17 vidual in the plan or coverage or, if earlier, the first 

18 day of the waiting period for such enrollment. 

19 ‘‘(3) WAITING PERIOD.—The term ‘waiting pe20 riod’ means, with respect to a group health plan and 

21 an individual who is a potential participant or bene22 ficiary in the plan, the period that must pass with 

23 respect to the individual before the individual is eli24 gible to be covered for benefits under the terms of 

25 the plan.’’. 


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1 (b) INDIVIDUAL MARKET.—Subject to section 6(a) of 

2 this Act, subpart 1 of part B of title XXVII of the Public 

3 Health Service Act (42 U.S.C. 300gg–41 et seq.), as re4 stored or revived pursuant to PPACA repeal legislation 

5 described in section 6(b) of this Act, is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 2746. PROHIBITION OF PRE-EXISTING CONDITION EX8 CLUSIONS OR OTHER DISCRIMINATION 

9 BASED ON HEALTH STATUS. 

10 ‘‘The provisions of section 2701 shall apply to health 

11 insurance coverage offered to individuals by a health in12 surance issuer in the individual market in the same man13 ner as it applies to health insurance coverage offered by 

14 a health insurance issuer in the group market.’’. 

15 SEC. 3. GUARANTEED AVAILABILITY OF COVERAGE. 

16 (a) GROUP MARKET.—Subject to section 6(a) of this 

17 Act, subpart 3 of part A of title XXVII of the Public 

18 Health Service Act, as restored or revived pursuant to 

19 PPACA repeal legislation described in section 6(b) of this 

20 Act, is amended by striking section 2711 (42 U.S.C. 

21 300gg–11) and inserting the following: 

22 ‘‘SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE. 

23 ‘‘(a) GUARANTEED ISSUANCE OF COVERAGE IN THE

24 GROUP MARKET.—Subject to subsection (b), each health 

25 insurance issuer that offers health insurance coverage in 


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1 the group market in a State shall accept every employer 

2 and every individual in a group in the State that applies 

3 for such coverage. 

4 ‘‘(b) ENROLLMENT.— 

5 ‘‘(1) RESTRICTION.—A health insurance issuer 

6 described in subsection (a) may restrict enrollment 

7 in coverage described in such subsection to open or 

8 special enrollment periods. 

9 ‘‘(2) ESTABLISHMENT.—A health insurance 

10 issuer described in subsection (a) shall establish spe11 cial enrollment periods for qualifying events (as such 

12 term is defined in section 603 of the Employee Re13 tirement Income Security Act of 1974).’’. 

14 (b) INDIVIDUAL MARKET.—Subject to section 6(a) of 

15 this Act, subpart 1 of part B of title XXVII of the Public 

16 Health Service Act, as restored or revived pursuant to 

17 PPACA repeal legislation described in section 6(b) of this 

18 Act, is amended by striking section 2741 of such Act (42 

19 U.S.C. 300gg–41) and inserting the following: 

20 ‘‘SEC. 2741. GUARANTEED AVAILABILITY OF COVERAGE. 

21 ‘‘The provisions of section 2711 shall apply to health 

22 insurance coverage offered to individuals by a health in23 surance issuer in the individual market in the same man24 ner as such provisions apply to health insurance coverage 

25 offered to employers by a health insurance issuer in conVerDate Sep 11 2014 23:10 Feb 23, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1121.IH H1121

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1 nection with health insurance coverage in the group mar2 ket. For purposes of this section, the Secretary shall treat 

3 any reference of the word ‘employer’ in such section as 

4 a reference to the term ‘individual’.’’. 

5 SEC. 4. PROHIBITING DISCRIMINATION AGAINST INDI6 VIDUAL PARTICIPANTS AND BENEFICIARIES 

7 BASED ON HEALTH STATUS. 

8 (a) GROUP MARKET.—Subject to section 6(a) of this 

9 Act, section 2702 of the Public Health Service Act, as re10 stored or revived pursuant to PPACA repeal legislation 

11 described in section 6(b) of this Act, is amended to read 

12 as follows: 

13 ‘‘SEC. 2702. PROHIBITING DISCRIMINATION AGAINST INDI14 VIDUAL PARTICIPANTS AND BENEFICIARIES 

15 BASED ON HEALTH STATUS. 

16 ‘‘(a) IN GENERAL.—A group health plan and a health 

17 insurance issuer offering group health insurance coverage 

18 may not establish rules for eligibility (including continued 

19 eligibility) of any individual to enroll under the terms of 

20 the plan or coverage based on any of the following health 

21 status-related factors in relation to the individual or a de22 pendent of the individual: 

23 ‘‘(1) Health status. 

24 ‘‘(2) Medical condition (including both physical 

25 and mental illnesses). 


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1 ‘‘(3) Claims experience. 

2 ‘‘(4) Receipt of health care. 

3 ‘‘(5) Medical history. 

4 ‘‘(6) Genetic information. 

5 ‘‘(7) Evidence of insurability (including condi6 tions arising out of acts of domestic violence). 

7 ‘‘(8) Disability. 

8 ‘‘(9) Any other health status-related factor de9 termined appropriate by the Secretary. 

10 ‘‘(b) IN PREMIUM CONTRIBUTIONS.— 

11 ‘‘(1) IN GENERAL.—A group health plan, and a 

12 health insurance issuer offering group health insur13 ance coverage, may not require any individual (as a 

14 condition of enrollment or continued enrollment 

15 under the plan) to pay a premium or contribution 

16 which is greater than such premium or contribution 

17 for a similarly situated individual enrolled in the 

18 plan on the basis of any health status-related factor 

19 in relation to the individual or to an individual en20 rolled under the plan as a dependent of the indi21 vidual. 

22 ‘‘(2) CONSTRUCTION.—Nothing in paragraph 

23 (1) shall be construed— 

24 ‘‘(A) to restrict the amount that an em25 ployer or individual may be charged for covVerDate Sep 11 2014 23:10 Feb 23, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1121.IH H1121

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1 erage under a group health plan except as pro2 vided in paragraph (3); or 

3 ‘‘(B) to prevent a group health plan, and 

4 a health insurance issuer offering group health 

5 insurance coverage, from establishing premium 

6 discounts or rebates or modifying otherwise ap7 plicable copayments or deductibles in return for 

8 adherence to programs of health promotion and 

9 disease prevention. 

10 ‘‘(3) NO GROUP-BASED DISCRIMINATION ON

11 BASIS OF GENETIC INFORMATION.— 

12 ‘‘(A) IN GENERAL.—For purposes of this 

13 section, a group health plan, and health insur14 ance issuer offering group health insurance cov15 erage, may not adjust premium or contribution 

16 amounts for the group covered under such plan 

17 on the basis of genetic information. 

18 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

19 in subparagraph (A) or in paragraphs (1) and 

20 (2) of subsection (d) shall be construed to limit 

21 the ability of a health insurance issuer offering 

22 group health insurance coverage to increase the 

23 premium for an employer based on the mani24 festation of a disease or disorder of an indi25 vidual who is enrolled in the plan. In such case, 


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1 the manifestation of a disease or disorder in 

2 one individual cannot also be used as genetic in3 formation about other group members and to 

4 further increase the premium for the employer. 

5 ‘‘(c) GENETIC TESTING.— 

6 ‘‘(1) LIMITATION ON REQUESTING OR REQUIR7 ING GENETIC TESTING.—A group health plan, and a 

8 health insurance issuer offering health insurance 

9 coverage in connection with a group health plan, 

10 shall not request or require an individual or a family 

11 member of such individual to undergo a genetic test. 

12 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 

13 shall not be construed to limit the authority of a 

14 health care professional who is providing health care 

15 services to an individual to request that such indi16 vidual undergo a genetic test. 

17 ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY18 MENT.— 

19 ‘‘(A) IN GENERAL.—Nothing in paragraph 

20 (1) shall be construed to preclude a group 

21 health plan, or a health insurance issuer offer22 ing health insurance coverage in connection 

23 with a group health plan, from obtaining and 

24 using the results of a genetic test in making a 

25 determination regarding payment (as such term 


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1 is defined for the purposes of applying the regu2 lations promulgated by the Secretary under 

3 part C of title XI of the Social Security Act and 

4 section 264 of the Health Insurance Portability 

5 and Accountability Act of 1996, as may be re6 vised from time to time) consistent with sub7 section (a). 

8 ‘‘(B) LIMITATION.—For purposes of sub9 paragraph (A), a group health plan, or a health 

10 insurance issuer offering health insurance cov11 erage in connection with a group health plan, 

12 may request only the minimum amount of in13 formation necessary to accomplish the intended 

14 purpose. 

15 ‘‘(4) RESEARCH EXCEPTION.—Notwithstanding 

16 paragraph (1), a group health plan, or a health in17 surance issuer offering health insurance coverage in 

18 connection with a group health plan, may request, 

19 but not require, that a participant or beneficiary un20 dergo a genetic test if each of the following condi21 tions is met: 

22 ‘‘(A) The request is made pursuant to re23 search that complies with part 46 of title 45, 

24 Code of Federal Regulations, or equivalent Fed25 eral regulations, and any applicable State or 


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1 local law or regulations for the protection of 

2 human subjects in research. 

3 ‘‘(B) The plan or issuer clearly indicates to 

4 each participant or beneficiary, or in the case of 

5 a minor child, to the legal guardian of such 

6 beneficiary, to whom the request is made that— 

7 ‘‘(i) compliance with the request is 

8 voluntary; and 

9 ‘‘(ii) non-compliance will have no ef10 fect on enrollment status or premium or 

11 contribution amounts. 

12 ‘‘(C) No genetic information collected or 

13 acquired under this paragraph shall be used for 

14 underwriting purposes. 

15 ‘‘(D) The plan or issuer notifies the Sec16 retary in writing that the plan or issuer is con17 ducting activities pursuant to the exception pro18 vided for under this paragraph, including a de19 scription of the activities conducted. 

20 ‘‘(E) The plan or issuer complies with such 

21 other conditions as the Secretary may by regu22 lation require for activities conducted under this 

23 paragraph. 

24 ‘‘(d) PROHIBITION ON COLLECTION OF GENETIC IN25 FORMATION.— 


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1 ‘‘(1) IN GENERAL.—A group health plan, and a 

2 health insurance issuer offering health insurance 

3 coverage in connection with a group health plan, 

4 shall not request, require, or purchase genetic infor5 mation for underwriting purposes (as defined in sec6 tion 2791). 

7 ‘‘(2) PROHIBITION ON COLLECTION OF GE8 NETIC INFORMATION PRIOR TO ENROLLMENT.—A 

9 group health plan, and a health insurance issuer of10 fering health insurance coverage in connection with 

11 a group health plan, shall not request, require, or 

12 purchase genetic information with respect to any in13 dividual prior to such individual’s enrollment under 

14 the plan or coverage in connection with such enroll15 ment. 

16 ‘‘(3) INCIDENTAL COLLECTION.—If a group 

17 health plan, or a health insurance issuer offering 

18 health insurance coverage in connection with a group 

19 health plan, obtains genetic information incidental to 

20 the requesting, requiring, or purchasing of other in21 formation concerning any individual, such request, 

22 requirement, or purchase shall not be considered a 

23 violation of paragraph (2) if such request, require24 ment, or purchase is not in violation of paragraph 

25 (1). 


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1 ‘‘(e) GENETIC INFORMATION OF A FETUS OR EM2 BRYO.—Any reference in this part to genetic information 

3 concerning an individual or family member of an indi4 vidual shall— 

5 ‘‘(1) with respect to such an individual or fam6 ily member of an individual who is a pregnant 

7 woman, include genetic information of any fetus car8 ried by such pregnant woman; and 

9 ‘‘(2) with respect to an individual or family 

10 member utilizing an assisted reproductive tech11 nology, include genetic information of any embryo le12 gally held by the individual or family member. 

13 ‘‘(f) PROGRAMS OF HEALTH PROMOTION OR DIS14 EASE PREVENTION.— 

15 ‘‘(1) GENERAL PROVISIONS.— 

16 ‘‘(A) GENERAL RULE.—For purposes of 

17 subsection (b)(2)(B), a program of health pro18 motion or disease prevention (referred to in this 

19 subsection as a ‘wellness program’) shall be a 

20 program offered by an employer that is de21 signed to promote health or prevent disease 

22 that meets the applicable requirements of this 

23 subsection. 

24 ‘‘(B) NO CONDITIONS BASED ON HEALTH

25 STATUS FACTOR.—If none of the conditions for 


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1 obtaining a premium discount or rebate or 

2 other reward for participation in a wellness pro3 gram is based on an individual satisfying a 

4 standard that is related to a health status fac5 tor, such wellness program shall not violate this 

6 section if participation in the program is made 

7 available to all similarly situated individuals 

8 and the requirements of paragraph (2) are com9 plied with. 

10 ‘‘(C) CONDITIONS BASED ON HEALTH STA11 TUS FACTOR.—If any of the conditions for ob12 taining a premium discount or rebate or other 

13 reward for participation in a wellness program 

14 is based on an individual satisfying a standard 

15 that is related to a health status factor, such 

16 wellness program shall not violate this section if 

17 the requirements of paragraph (3) are complied 

18 with. 

19 ‘‘(2) WELLNESS PROGRAMS NOT SUBJECT TO

20 REQUIREMENTS.—If none of the conditions for ob21 taining a premium discount or rebate or other re22 ward under a wellness program as described in para23 graph (1)(B) are based on an individual satisfying 

24 a standard that is related to a health status factor 

25 (or if such a wellness program does not provide such 


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1 a reward), the wellness program shall not violate 

2 this section if participation in the program is made 

3 available to all similarly situated individuals. The 

4 following programs shall not have to comply with the 

5 requirements of paragraph (3) if participation in the 

6 program is made available to all similarly situated 

7 individuals: 

8 ‘‘(A) A program that reimburses all or 

9 part of the cost for memberships in a fitness 

10 center. 

11 ‘‘(B) A diagnostic testing program that 

12 provides a reward for participation and does 

13 not base any part of the reward on outcomes. 

14 ‘‘(C) A program that encourages preven15 tive care related to a health condition through 

16 the waiver of the copayment or deductible re17 quirement under group health plan for the costs 

18 of certain items or services related to a health 

19 condition (such as prenatal care or well-baby 

20 visits). 

21 ‘‘(D) A program that reimburses individ22 uals for the costs of smoking cessation pro23 grams without regard to whether the individual 

24 quits smoking. 


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1 ‘‘(E) A program that provides a reward to 

2 individuals for attending a periodic health edu3 cation seminar. 

4 ‘‘(3) WELLNESS PROGRAMS SUBJECT TO RE5 QUIREMENTS.—If any of the conditions for obtaining 

6 a premium discount, rebate, or reward under a 

7 wellness program as described in paragraph (1)(C) 

8 is based on an individual satisfying a standard that 

9 is related to a health status factor, the wellness pro10 gram shall not violate this section if the following re11 quirements are complied with: 

12 ‘‘(A) The reward for the wellness program, 

13 together with the reward for other wellness pro14 grams with respect to the plan that requires 

15 satisfaction of a standard related to a health 

16 status factor, shall not exceed 30 percent of the 

17 cost of employee-only coverage under the plan. 

18 If, in addition to employees or individuals, any 

19 class of dependents (such as spouses or spouses 

20 and dependent children) may participate fully 

21 in the wellness program, such reward shall not 

22 exceed 30 percent of the cost of the coverage in 

23 which an employee or individual and any de24 pendents are enrolled. For purposes of this 

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1 mined based on the total amount of employer 

2 and employee contributions for the benefit 

3 package under which the employee is (or the 

4 employee and any dependents are) receiving 

5 coverage. A reward may be in the form of a dis6 count or rebate of a premium or contribution, 

7 a waiver of all or part of a cost-sharing mecha8 nism (such as deductibles, copayments, or coin9 surance), the absence of a surcharge, or the 

10 value of a benefit that would otherwise not be 

11 provided under the plan. The Secretaries of 

12 Labor, Health and Human Services, and the 

13 Treasury may increase the reward available 

14 under this subparagraph to up to 50 percent of 

15 the cost of coverage if the Secretaries determine 

16 that such an increase is appropriate. 

17 ‘‘(B) The wellness program shall be rea18 sonably designed to promote health or prevent 

19 disease. A program complies with the preceding 

20 sentence if the program has a reasonable 

21 chance of improving the health of, or preventing 

22 disease in, participating individuals and it is 

23 not overly burdensome, is not a subterfuge for 

24 discriminating based on a health status factor, 


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1 and is not highly suspect in the method chosen 

2 to promote health or prevent disease. 

3 ‘‘(C) The plan shall give individuals eligible 

4 for the program the opportunity to qualify for 

5 the reward under the program at least once 

6 each year. 

7 ‘‘(D) The full reward under the wellness 

8 program shall be made available to all similarly 

9 situated individuals. For such purpose, among 

10 other things: 

11 ‘‘(i) The reward is not available to all 

12 similarly situated individuals for a period 

13 unless the wellness program allows— 

14 ‘‘(I) for a reasonable alternative 

15 standard (or waiver of the otherwise 

16 applicable standard) for obtaining the 

17 reward for any individual for whom, 

18 for that period, it is unreasonably dif19 ficult due to a medical condition to 

20 satisfy the otherwise applicable stand21 ard; and 

22 ‘‘(II) for a reasonable alternative 

23 standard (or waiver of the otherwise 

24 applicable standard) for obtaining the 

25 reward for any individual for whom, 


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1 for that period, it is medically inadvis2 able to attempt to satisfy the other3 wise applicable standard. 

4 ‘‘(ii) If reasonable under the cir5 cumstances, the plan or issuer may seek 

6 verification, such as a statement from an 

7 individual’s physician, that a health status 

8 factor makes it unreasonably difficult or 

9 medically inadvisable for the individual to 

10 satisfy or attempt to satisfy the otherwise 

11 applicable standard. 

12 ‘‘(E) The plan or issuer involved shall dis13 close in all plan materials describing the terms 

14 of the wellness program the availability of a 

15 reasonable alternative standard (or the possi16 bility of waiver of the otherwise applicable 

17 standard) required under subparagraph (D). If 

18 plan materials disclose that such a program is 

19 available, without describing its terms, the dis20 closure under this subparagraph shall not be re21 quired. 

22 ‘‘(g) EXISTING PROGRAMS.—Nothing in this section 

23 shall prohibit a program of health promotion or disease 

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1 tions, and that is operating on such date, from continuing 

2 to be carried out for as long as such regulations remain 

3 in effect. 

4 ‘‘(h) REGULATIONS.—Nothing in this section shall be 

5 construed as prohibiting the Secretaries of Labor, Health 

6 and Human Services, or the Treasury from promulgating 

7 regulations in connection with this section.’’. 

8 (b) INDIVIDUAL MARKET.—Subject to section 6(a) of 

9 this Act, subpart 1 of part B of title XXVII of the Public 

10 Health Service Act, as restored or revived pursuant to 

11 PPACA repeal legislation described in section 6(b) of this 

12 Act and amended by section 2(b), is further amended by 

13 adding at the end the following: 

14 ‘‘SEC. 2747. PROHIBITING DISCRIMINATION AGAINST INDI15 VIDUAL PARTICIPANTS AND BENEFICIARIES 

16 BASED ON HEALTH STATUS. 

17 ‘‘The provisions of section 2702 (other than sub18 sections (b)(2)(B) and (f) of such section) shall apply to 

19 health insurance coverage offered to individuals by a 

20 health insurance issuer in the individual market in the 

21 same manner as such provisions apply to health insurance 

22 coverage offered to employers by a health insurance issuer 

23 in connection with health insurance coverage in the group 

24 market.’’. 


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1 SEC. 5. INCORPORATION INTO ERISA AND INTERNAL REV2 ENUE CODE. 

3 (a) ERISA.—Subpart B of part 7 of subtitle A of 

4 title I of the Employee Retirement Income Security Act 

5 of 1974 (29 U.S.C. 1181 et seq.) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 715. ADDITIONAL MARKET REFORMS. 

8 ‘‘Sections 2701, 2702, and 2711 shall apply to group 

9 health plans, and health insurance issuers providing health 

10 insurance coverage in connection with group health plans, 

11 as if included in this subpart, and to the extent that any 

12 provision of this part conflicts with a provision of such 

13 a section with respect to group health plans, or health in14 surance issuers providing health insurance coverage in 

15 connection with group health plans, the provisions of such 

16 section shall apply.’’. 

17 (b) IRC.—Subchapter B of chapter 100 of the Inter18 nal Revenue Code of 1986 is amended by adding at the 

19 end the following: 

20 ‘‘SEC. 9815. ADDITIONAL MARKET REFORMS. 

21 ‘‘Sections 2701, 2702, and 2711 shall apply to group 

22 health plans, and health insurance issuers providing health 

23 insurance coverage in connection with group health plans, 

24 as if included in this subchapter, and to the extent that 

25 any provision of this subchapter conflicts with a provision 

26 of such a section with respect to group health plans, or 


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1 health insurance issuers providing health insurance cov2 erage in connection with group health plans, the provisions 

3 of such section shall apply.’’. 

4 SEC. 6. EFFECTIVE DATE CONTINGENT ON REPEAL OF 

5 PPACA. 

6 (a) IN GENERAL.—Sections 2, 3, 4, and 5 and the 

7 amendments made by such sections shall take effect upon 

8 the enactment of PPACA repeal legislation described in 

9 subsection (b) and such sections and amendments shall 

10 have no force or effect if such PPACA repeal legislation 

11 is not enacted. 

12 (b) PPACA REPEAL LEGISLATION DESCRIBED.— 

13 For purposes of subsection (a), PPACA repeal legislation 

14 described in this subsection is legislation that— 

15 (1) repeals Public Law 111–148, and restores 

16 or revives the provisions of law amended or repealed, 

17 respectively, by such Act as if such Act had not been 

18 enacted and without further amendment to such 

19 provisions of law; and 

20 (2) repeals title I and subtitle B of title II of 

21 the Health Care and Education Reconciliation Act of 

22 2010 (Public Law 111–152), and restores or revives 

23 the provisions of law amended or repealed, respec24 tively, by such title or subtitle, respectively, as if 

25 such title and subtitle had not been enacted and 


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1 without further amendment to such provisions of 

2 law. 

Æ 


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