II 

113TH CONGRESS 

2D SESSION S. 2629 

To require employers to notify employees and prospective employees of exemptions from otherwise required coverage of health services under group 

health plans. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2014 

Mr. DURBIN (for himself, Mr. BEGICH, and Ms. HIRONO) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To require employers to notify employees and prospective 

employees of exemptions from otherwise required coverage of health services under group health plans. 

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 ‘‘Preventive Care Cov5 erage Notification Act’’. 

6 SEC. 2. PROVIDING INFORMATION TO EMPLOYEES AND 

7 PROSPECTIVE EMPLOYEES. 

8 (a) DEVELOPMENT OF STANDARDS.—With respect to 

9 an employer (other than an organization that is organized 


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1 and operates as a nonprofit entity and is referred to in 

2 section 6033(a)(3)(A) (i) or (iii) of the Internal Revenue 

3 Code of 1986) that establishes or maintains a group 

4 health plan (other than a grandfathered health plan as 

5 defined in section 1251 of the Patient Protection and Af6 fordable Care Act (42 U.S.C. 18011)) for its employees, 

7 the Secretary of Health and Human Services, the Sec8 retary of Labor, and the Secretary of the Treasury shall 

9 jointly develop standards that require the employer to pro10 vide notice to current and prospective employees if the em11 ployer is exempted or excepted from covering health serv12 ices otherwise required to be covered pursuant to title 

13 XXVII of the Public Health Service Act (including preven14 tive health services required under section 2713 of such 

15 Act). Such notice shall include a description of the specific 

16 items and services that are not covered under such plan 

17 as a result of such exemption or exception. Such standards 

18 shall require that any notice provided under this sub19 section be provided by the employer to employees and pro20 spective employees in a timely and easily understandable 

21 manner. 

22 (b) INFORMING EMPLOYEES OF LIMITATIONS ON

23 COVERAGE.—With respect to the notice required under 

24 subsection (a), an employer shall be deemed to be in com25 pliance with the requirements of such section if the emVerDate Mar 15 2010 03:08 Jul 23, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2629.IS S2629

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1 ployer is an eligible organization as defined in, and pro2 vides for the notice in accordance with, regulations issued 

3 pursuant to section 2713 of the Public Health Service Act 

4 (42 U.S.C. 300gg–13). 

5 (c) ENFORCEMENT.—The provisions of this section 

6 shall apply to employers acting as plan sponsors, group 

7 health plans, and health insurance issuers as if enacted 

8 in the Employee Retirement Income Security Act of 1974 

9 (29 U.S.C. 1001 et seq.), the Public Health Service Act 

10 (42 U.S.C. 201 et seq.), and the Internal Revenue Code 

11 of 1986. Any failure by an employer acting as a plan spon12 sor, a group health plan, or a health insurance issuer to 

13 comply with the provisions of this Act shall be subject to 

14 enforcement through part 5 of subtitle B of title I of the 

15 Employee Retirement Income Security Act of 1974 (29 

16 U.S.C. 1131 et seq.), section 2723 of the Public Health 

17 Service Act (42 U.S.C. 300gg–22), and section 4980D of 

18 the Internal Revenue Code of 1986. 

19 (d) APPLICATION.—This section shall apply to plan 

20 years beginning on or after July 1, 2014. 

Æ 


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