I 

111TH CONGRESS 

1ST SESSION H. R. 3051 

To enhance citizen awareness of insurance information and services by establishing that insurance documents issued to the public must be written 

clearly, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2009 

Mr. BRALEY of Iowa (for himself, Mr. TEAGUE, Mr. SCHAUER, Mr. PETERS, 

Mr. MASSA, Mr. WELCH, and Ms. SUTTON) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To enhance citizen awareness of insurance information and 

services by establishing that insurance documents issued 

to the public must be written clearly, 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 ‘‘Plain Language in 

5 Health Insurance Act of 2009’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to improve the effective8 ness and accountability of health insurance issuers, health 


rfrederick on PROD1PC67 with BILLS
2 

•HR 3051 IH

1 plans, and Federal health care programs by promoting 

2 clear communication that the public can understand and 

3 use. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) COVERED DOCUMENT.—The term ‘‘covered 

7 document’’ means any publicly distributed document 

8 issued by a health insurance issuer, health plan, or 

9 Federal health care program. 

10 (2) PLAIN LANGUAGE.—The term ‘‘plain lan11 guage’’ means language that the intended audience 

12 can readily understand and use because that lan13 guage is clear, concise, well organized, and follows 

14 other best practices of plain language writing. 

15 SEC. 4. RESPONSIBILITIES OF HEALTH INSURANCE 

16 ISSUERS, HEALTH PLANS, AND FEDERAL 

17 HEALTH CARE PROGRAMS. 

18 (a) REQUIREMENT TO USE PLAIN LANGUAGE IN

19 NEW DOCUMENTS.—Not later than 1 year after the date 

20 of enactment of this Act, any health insurance issuer, 

21 health plan, and Federal health care program shall use 

22 plain language in any covered document of the plan issued 

23 or substantially revised. 

24 (b) GUIDANCE.— 

25 (1) IN GENERAL.— 


rfrederick on PROD1PC67 with BILLS
3 

•HR 3051 IH

1 (A) DEVELOPMENT.—Not later than 6 

2 months after the date of enactment of this Act, 

3 the Secretary of Health and Human Services 

4 (in this Act referred to as the ‘‘Secretary’’) 

5 shall develop guidance on implementing the re6 quirements of subsection (a). 

7 (B) ISSUANCE.—The Secretary shall issue 

8 the guidance developed under subparagraph (A) 

9 to health insurance issuers, health plans, and 

10 Federal health care programs. 

11 (2) INTERIM GUIDANCE.—Before the issuance 

12 of guidance under paragraph (1), any health insur13 ance issuer, health plan, or Federal health care pro14 gram may follow the— 

15 (A) guidance of the writing guidelines de16 veloped by the Plain Language Action and In17 formation Network; or 

18 (B) guidance provided by the head of the 

19 agency that is consistent with the guidelines re20 ferred to under subparagraph (A). 

21 (c) ENFORCEMENT.— 

22 (1) HEALTH INSURANCE ISSUERS AND HEALTH

23 PLANS.— 

24 (A) CORRECTIVE ACTION PLAN.—If the 

25 Secretary finds that a health insurance issuer 


rfrederick on PROD1PC67 with BILLS
4 

•HR 3051 IH

1 or health plan is in violation of subsection (a), 

2 the Secretary shall issue an order requiring the 

3 issuer or plan to submit a corrective action plan 

4 within 90 days for review and approval by the 

5 Secretary. 

6 (B) CIVIL PENALTIES.—Any health insur7 ance issuer or health plan that violates an order 

8 under subparagraph (A) or any provision of a 

9 corrective action plan approved by the Secretary 

10 pursuant to subparagraph (A) shall be liable to 

11 the United States for a civil penalty in an 

12 amount not to exceed $10,000 for each such 

13 violation, and not to exceed $50,000 for all 

14 such violations adjudicated in a single pro15 ceeding. 

16 (2) FEDERAL HEALTH CARE PROGRAMS.—The 

17 Secretary, in consultation with other appropriate 

18 Federal departments and agencies, shall establish 

19 mechanisms to ensure that Federal health care pro20 grams meet the requirements of subsection (a). 

21 SEC. 5. REPORTS TO CONGRESS. 

22 (a) INITIAL REPORT.—Not later than 6 months after 

23 the date of enactment of this Act, the Secretary of Health 

24 and Human Services shall submit to the Committee on 

25 Energy and Commerce of the House of Representatives 


rfrederick on PROD1PC67 with BILLS
5 

•HR 3051 IH

1 and the Committee on Health, Education, Labor, and 

2 Pensions of the Senate a report that describes how the 

3 agency intends to meet the following objectives: 

4 (1) Communicating the requirements of this 

5 Act to health insurance issuers, health plans, and 

6 Federal health care programs. 

7 (2) Training Federal health care program em8 ployees to write in plain language. 

9 (3) Meeting the requirement under section 4(a). 

10 (4) Ensuring ongoing compliance with the re11 quirements of this Act. 

12 (5) Enforcing the requirements of this Act pur13 suant to section 4(c). 

14 (6) Designating a senior official to be respon15 sible for implementing the requirements of this Act. 

16 (b) ANNUAL AND OTHER REPORTS.—The Secretary 

17 shall submit reports on compliance with this Act to the 

18 Committee on Energy and Commerce of the House of 

19 Representatives and the Committee on Health, Education, 

20 Labor, and Pensions of the Senate— 

21 (1) annually for the first 2 years after the date 

22 of enactment of this Act; and 

23 (2) once every 3 years thereafter. 

Æ 


rfrederick on PROD1PC67 with BILLS