I 

111TH CONGRESS 

1ST SESSION H. R. 2831 

To amend the Employee Retirement Income Security Act of 1974 and the 

Public Health Service Act to require the option of extension of dependent 

coverage for unmarried, uninsured children under 30 years of age under 

group health plans and under group and individual health insurance 

coverage. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2009 

Mrs. DAHLKEMPER (for herself, Mr. LANCE, Mr. BRADY of Pennsylvania, Mr. 

CONNOLLY of Virginia, Mr. DENT, Mr. SCOTT of Virginia, Mr. HIMES, 

and Mr. SIRES) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Education and Labor, 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 Employee Retirement Income Security Act 

of 1974 and the Public Health Service Act to require 

the option of extension of dependent coverage for unmarried, uninsured children under 30 years of age under 

group health plans and under group and individual 

health insurance coverage. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Young Adult 

3 Healthcare Coverage Act of 2009’’. 

4 SEC. 2. REQUIRING THE OPTION OF EXTENSION OF DE5 PENDENT COVERAGE FOR CERTAIN UNMAR6 RIED, UNINSURED YOUNG ADULTS. 

7 (a) UNDER GROUP HEALTH PLANS.— 

8 (1) EMPLOYEE RETIREMENT INCOME SECURITY

9 ACT OF 1974 AMENDMENTS.— 

10 (A) IN GENERAL.—The Employee Retire11 ment Income Security Act of 1974 is amended 

12 by inserting after section 703 the following new 

13 section: 

14 ‘‘SEC. 704. REQUIRING THE OPTION OF EXTENSION OF DE15 PENDENT COVERAGE FOR CERTAIN UNMAR16 RIED, UNINSURED YOUNG ADULTS. 

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

18 insurance issuer offering health insurance coverage in con19 nection with a group health plan that provides coverage 

20 for dependent children shall make available such coverage, 

21 at the option of the participant involved, for one or more 

22 qualified children (as defined in subsection (b)) of the par23 ticipant. 

24 ‘‘(b) QUALIFIED CHILD DEFINED.—In this section, 

25 the term ‘qualified child’ means, with respect to a partici26 pant in a group health plan or group health insurance covVerDate Nov 24 2008 05:53 Jun 12, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2831.IH H2831

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1 erage, an individual who (but for age) would be treated 

2 as a dependent child of the participant under such plan 

3 or coverage and who— 

4 ‘‘(1) is under 30 years of age; 

5 ‘‘(2) is not married; 

6 ‘‘(3) has no dependents; 

7 ‘‘(4) is a citizen or national of the United 

8 States; and 

9 ‘‘(5) is not provided coverage as a participant, 

10 beneficiary, or enrollee (other than under this sec11 tion) under any other creditable coverage (as defined 

12 in section 701(c)(1)). 

13 ‘‘(c) PREMIUMS.—Nothing in this section shall be 

14 construed as preventing a group health plan or health in15 surance issuer with respect to group health insurance cov16 erage from increasing the premiums otherwise required for 

17 coverage provided under this section.’’. 

18 (B) CLERICAL AMENDMENT.—The table of 

19 contents of such Act is amended by inserting 

20 after the item relating to section 703 the fol21 lowing new item: 

‘‘704. Requiring the option of extension of dependent coverage for certain unmarried young adults.’’. 

22 (2) PHSA.—Title XXVII of the Public Health 

23 Service Act is amended by inserting after section 

24 2702 the following new section: 


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1 ‘‘SEC. 2703. REQUIRING THE OPTION OF EXTENSION OF DE2 PENDENT COVERAGE FOR CERTAIN UNMAR3 RIED, UNINSURED YOUNG ADULTS. 

4 ‘‘The provisions of section 704 of the Employee Re5 tirement Income Security Act of 1974 shall apply to health 

6 insurance coverage offered by a health insurance issuer 

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

8 to health insurance coverage offered by a health insurance 

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

10 or large group market.’’. 

11 (b) INDIVIDUAL HEALTH INSURANCE COVERAGE.— 

12 Title XXVII of the Public Health Service Act is amended 

13 by inserting after section 2745 the following new section: 

14 ‘‘SEC. 2746. REQUIRING THE OPTION OF EXTENSION OF DE15 PENDENT COVERAGE FOR CERTAIN UNMAR16 RIED YOUNG ADULTS. 

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

18 insurance coverage offered by a health insurance issuer 

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

20 to health insurance coverage offered by a health insurance 

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

22 or large group market.’’. 

23 (c) EFFECTIVE DATES.— 

24 (1) GROUP HEALTH PLANS.— 

25 (A) IN GENERAL.—The amendments made 

26 by subsection (a) shall apply to group health 


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1 plans for plan years beginning on or after the 

2 date that is 90 days after the date of enactment 

3 of this Act. 

4 (B) SPECIAL RULE FOR COLLECTIVE BAR5 GAINING AGREEMENTS.—In the case of a group 

6 health plan maintained pursuant to 1 or more 

7 collective bargaining agreements between em8 ployee representatives and 1 or more employers, 

9 any plan amendment made pursuant to a collec10 tive bargaining agreement relating to the plan 

11 which amends the plan solely to conform to any 

12 requirement added by an amendment made by 

13 subsection (a) shall not be treated as a termi14 nation of such collective bargaining agreement. 

15 (2) INDIVIDUAL HEALTH INSURANCE COV16 ERAGE.—Section 2746 of the Public Health Service 

17 Act, as inserted by subsection (b), shall apply with 

18 respect to health insurance coverage offered, sold, 

19 issued, renewed, in effect, or operated in the indi20 vidual market after the first day of the first month 

21 that begins more than 90 days after the date of the 

22 enactment of this Act. 

Æ 


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