I 

113TH CONGRESS 

2D SESSION H. R. 5321 

To amend the Public Health Service Act to limit rescissions of coverage 

under health plans 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 

JULY 31, 2014 

Mr. BENISHEK introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to limit rescissions 

of coverage under health plans in the individual and 

group market, contingent on the enactment of legislation 

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 ‘‘Protecting Insurance 

5 Coverage for Sick Americans Act of 2014’’. 


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1 SEC. 2. PROHIBITION ON RESCISSIONS. 

2 (a) GROUP MARKET.—Subpart 1 of part A of title 

3 XXVII of the Public Health Service Act (42 U.S.C. 300gg 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘SEC. 2703. PROHIBITION ON RESCISSIONS. 

6 ‘‘A group health plan and a health insurance issuer 

7 offering group health insurance coverage shall not rescind 

8 such plan or coverage with respect to an enrollee once the 

9 enrollee is covered under such plan or coverage involved, 

10 except that this section shall not apply to a covered indi11 vidual who has performed an act or practice that con12 stitutes fraud or makes an intentional misrepresentation 

13 of material fact as prohibited by the terms of the plan 

14 or coverage. Such plan or coverage may not be cancelled 

15 except with prior notice to the enrollee, and only as per16 mitted under section 2712(b).’’. 

17 (b) INDIVIDUAL MARKET.—Subpart 1 of part B of 

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

19 300gg–41 et seq.) is amended by adding at the end the 

20 following: 

21 ‘‘SEC. 2747. PROHIBITION ON RESCISSIONS. 

22 ‘‘The provisions of section 2703 shall apply to health 

23 insurance coverage offered to individuals by a health in24 surance issuer in the individual market in the same man25 ner as it applies to health insurance coverage offered by 

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


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1 (c) EFFECTIVE DATE CONTINGENT ON REPEAL OF

2 PPACA.— 

3 (1) IN GENERAL.—Subsections (a) and (b) and 

4 the amendments made by such subsections shall take 

5 effect upon the enactment of PPACA repeal legisla6 tion described in paragraph (2) and such subsections 

7 and amendments shall have no force or effect if such 

8 PPACA repeal legislation is not enacted. 

9 (2) PPACA REPEAL LEGISLATION DE10 SCRIBED.—For purposes of paragraph (1), PPACA 

11 repeal legislation described in this paragraph is leg12 islation that— 

13 (A) repeals Public Law 111–148, and re14 stores or revives the provisions of law amended 

15 or repealed, respectively, by such Act as if such 

16 Act had not been enacted and without further 

17 amendment to such provisions of law; and 

18 (B) repeals title I and subtitle B of title II 

19 of the Health Care and Education Reconcili20 ation Act of 2010 (Public Law 111–152), and 

21 restores or revives the provisions of law amend22 ed or repealed, respectively, by such title or 

23 subtitle, respectively, as if such title and subVerDate Mar 15 2010 03:27 Aug 09, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5321.IH H5321

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1 title had not been enacted and without further 

2 amendment to such provisions of law. 

Æ 


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