II

106TH CONGRESS

2D SESSION S. 2444

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

the Public Health Service Act, and the Internal Revenue Code of 1986

to require comprehensive health insurance coverage for childhood immunization.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. DURBIN (for himself and Mr. REED) introduced the following bill; which

was read twice and referred to the Committee on Health, Education,

Labor, and Pensions

A BILL

To amend title I of the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and

the Internal Revenue Code of 1986 to require comprehensive health insurance coverage for childhood immunization.

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 ‘‘Comprehensive Insur5 ance Coverage of Childhood Immunization Act of 2000’’.
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1 SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN2 COME SECURITY ACT OF 1974.

3 (a) IN GENERAL.—Subpart B of part 7 of subtitle

4 B of title I of the Employee Retirement Income Security

5 Act of 1974 (29 U.S.C. 1185 et seq.) is amended by add6 ing at the end the following:

7 ‘‘SEC. 714. STANDARD RELATING TO COVERAGE OF CHILD8 HOOD IMMUNIZATION.

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

10 health insurance issuer offering health insurance coverage

11 in connection with a group health plan, shall provide for

12 each plan year comprehensive coverage for routine immu13 nizations for each individual who is a dependent of a par14 ticipant or beneficiary under the plan and is under 19

15 years of age.

16 ‘‘(b) COMPREHENSIVE COVERAGE.—For purposes of

17 this section, comprehensive coverage for routine immuni18 zations for a plan year consists of coverage, without

19 deductibles, coinsurance, or other cost-sharing, for immu20 nizations (including the vaccine itself) in accordance with

21 the most recent version of the Recommended Childhood

22 Immunization Schedule issued prior to such plan year by

23 the Advisory Committee on Immunization Practices of the

24 Centers for Disease Control and Prevention.’’.

25 (b) CONFORMING AMENDMENT.—The table of con26 tents in section 1 of such Act is amended by inserting
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1 after the item relating to section 713 the following new

2 item:

‘‘Sec. 714. Standard relating to coverage of childhood immunization.’’.

3 SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE

4 ACT.

5 (a) GROUP MARKET.—Subpart 2 of part A of title

6 XXVII of the Public Health Service Act (42 U.S.C.

7 300gg–4 et seq.) is amended by adding at the end the

8 following new section:

9 ‘‘SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILD10 HOOD IMMUNIZATION.

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

12 health insurance issuer offering health insurance coverage

13 in connection with a group health plan, shall provide for

14 each plan year comprehensive coverage for routine immu15 nizations for each individual who is a dependent of a par16 ticipant or beneficiary under the plan and is under 19

17 years of age.

18 ‘‘(b) COMPREHENSIVE COVERAGE.—For purposes of

19 this section, comprehensive coverage for routine immuni20 zations for a plan year consists of coverage, without

21 deductibles, coinsurance, or other cost-sharing, for immu22 nizations (including the vaccine itself) in accordance with

23 the most recent version of the Recommended Childhood

24 Immunization Schedule issued prior to such plan year by
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1 the Advisory Committee on Immunization Practices of the

2 Centers for Disease Control and Prevention.’’.

3 (b) INDIVIDUAL MARKET.—The first subpart 3 of

4 part B of title XXVII of the Public Health Service Act

5 (42 U.S.C. 300gg–51 et seq.) (relating to other require6 ments) (42 U.S.C. 300gg–51 et seq.) is amended—

7 (1) by redesignating such subpart as subpart 2;

8 and

9 (2) by adding at the end the following:

10 ‘‘SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILD11 HOOD IMMUNIZATION.

12 ‘‘The provisions of section 2707 shall apply to health

13 insurance coverage offered by a health insurance issuer

14 in the individual market in the same manner as they apply

15 to health insurance coverage offered by a health insurance

16 issuer in connection with a group health plan in the small

17 or large group market.’’.

18 SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE

19 OF 1986.

20 Subchapter B of chapter 100 of the Internal Revenue

21 Code of 1986 is amended—

22 (1) in the table of sections, by inserting after

23 the item relating to section 9812 the following new

24 item:

‘‘Sec. 9813. Standard relating to coverage of childhood immunization.’’;
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1 and

2 (2) by inserting after section 9812 the fol3 lowing:

4 ‘‘SEC. 9813. STANDARD RELATING TO COVERAGE OF CHILD5 HOOD IMMUNIZATION.

6 ‘‘(a) IN GENERAL.—A group health plan shall pro7 vide for each plan year comprehensive coverage for routine

8 immunizations for each individual who is a dependent of

9 a participant or beneficiary under the plan and is under

10 19 years of age.

11 ‘‘(b) COMPREHENSIVE COVERAGE.—For purposes of

12 this section, comprehensive coverage for routine immuni13 zations for a plan year consists of coverage, without

14 deductibles, coinsurance, or other cost-sharing, for immu15 nizations (including the vaccine itself) in accordance with

16 the most recent version of the Recommended Childhood

17 Immunization Schedule issued prior to such plan year by

18 the Advisory Committee on Immunization Practices of the

19 Centers for Disease Control and Prevention.’’.

20 SEC. 5. EFFECTIVE DATES.

21 (a) GROUP HEALTH INSURANCE COVERAGE.—Sub22 ject to subsection (c), the amendments made by sections

23 2, 3(a), and 4 apply with respect to group health plans

24 for plan years beginning on or after January 1, 2001.
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1 (b) INDIVIDUAL HEALTH INSURANCE COVERAGE.—

2 The amendment made by section 3(b) applies with respect

3 to health insurance coverage offered, sold, issued, re4 newed, in effect, or operated in the individual market on

5 or after such date.

6 (c) COLLECTIVE BARGAINING EXCEPTION.—In the

7 case of a group health plan maintained pursuant to 1 or

8 more collective bargaining agreements between employee

9 representatives and 1 or more employers ratified before

10 the date of enactment of this Act, the amendments made

11 sections 2, 3(a), and 4 shall not apply to plan years begin12 ning before the later of—

13 (1) the earliest date as of which all such collec14 tive bargaining agreements relating to the plan have

15 terminated (determined without regard to any exten16 sion thereof agreed to after the date of the enact17 ment of this Act), or

18 (2) January 1, 2001.

19 For purposes of paragraph (1), any plan amendment made

20 pursuant to a collective bargaining agreement relating to

21 the plan which amends the plan solely to conform to any

22 requirement added by sections 2, 3(a), and 4 shall not be

23 treated as a termination of such collective bargaining

24 agreement.

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