I 

111TH CONGRESS 

2D SESSION H. R. 6000 

To provide for criminal liability for the denial of health care coverage of 

a treatment or an individual, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. GRAYSON introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, 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 provide for criminal liability for the denial of health 

care coverage of a treatment or an individual, 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 ‘‘Thou Shalt Not Kill 

5 Thy Customers Act’’. 

6 SEC. 2. CRIMINAL DENIAL OF HEALTH CARE COVERAGE. 

7 (a) OFFENSE.—Any responsible officer or employee 

8 of an insurance entity that engages in a denial of coverage 


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1 under a health plan offered by such entity in violation of 

2 the provisions of title XXVII of the Public Health Service 

3 Act (including amendments to such Act made by the Pa4 tient Protection and Affordable Care Act (Public Law 

5 111–148)), and such insurance entity, shall be fined in 

6 accordance with title 18, United States Code, imprisoned 

7 for not more than one year, or both. 

8 (b) ENHANCED PENALTY IF DEATH RESULTS.—Any 

9 conduct of any responsible officer or employee or insur10 ance entity that subjects such person or entity to a fine 

11 or imprisonment under subsection (a) shall also be punish12 able as involuntary manslaughter under section 1112(b) 

13 of title 18, United States Code, if the conduct for which 

14 the person or entity is fined or imprisoned results in 

15 death. 

16 SEC. 3. IDENTIFICATION AND REPORT OF INSTANCES OF 

17 DENIAL OF HEALTH CARE TREATMENT AND 

18 COVERAGE. 

19 (a) The Inspector General of the Department of 

20 Health and Human Services shall establish an Internet 

21 Web site and a toll-free telephone number to receive re22 ports of instances of denial of health care treatment or 

23 coverage by insurance entities for investigation of such re24 ports. 


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1 (b) Such toll-free telephone number shall be operated 

2 in a similar manner to the toll-free telephone number de3 scribed in subsection (c)(4) of section 1804 of the Social 

4 Security Act (42 U.S.C. 1395b–2). 

5 (c) The Inspector General shall report to the Attor6 ney General for further investigation and prosecution all 

7 such instances for which the Inspector General determines 

8 sufficient evidence exists of a violation described in section 

9 2(a) by an insurance entity or responsible officer or em10 ployee of such entity. 

11 SEC. 4. SENSE OF CONGRESS. 

12 It is the sense of the Congress that each State should, 

13 through the State insurance commissioner or State official 

14 responsbile for the regulation of insurance in such State, 

15 thoroughly investigate violations of this Act by any insur16 ance entity or responsible officer or employee of such enti17 ty. 

18 SEC. 5. DEFINITIONS. 

19 In this Act: 

20 (1) The term ‘‘denial of coverage’’ means, with 

21 respect to a health plan offered by an insurance en22 tity— 

23 (A) in the case of an individual enrolled in 

24 or benefitting from such plan, denying coverage 


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1 of or care for a treatment for such individual; 

2 or 

3 (B) in the case of an individual seeking en4 rollment in or benefit from such plan, the de5 nial of coverage of or care for such individual 

6 under such plan. 

7 (2) The term ‘‘insurance entity’’ means a group 

8 health plan or a health insurance issuer offering 

9 group or individual health insurance coverage (as 

10 such terms are defined in section 2791 of the Public 

11 Health Service Act (42 U.S.C. 300gg–91)). 

12 (3) The term ‘‘responsible officer or employee’’ 

13 means any director, officer, employee, or agent of an 

14 insurance entity who engages in any of the following 

15 conduct: 

16 (A) Making a decision to deny coverage or 

17 care. 

18 (B) Designing the institutional policies of 

19 the insurance entity that resulted in the denial 

20 of coverage or care. 

21 (C) Materially influencing the policy or de22 cision to deny coverage or care. 

23 (D) Any other conduct that constitutes an 

24 offense under this Act, including any related ofVerDate Mar 15 2010 23:04 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6000.IH H6000

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1 fense under section 2 of title 18, United States 

2 Code. 

Æ 


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