Guaranteed Health Coverage for Pre-Existing Conditions Act of 2017

To amend the Public Health Service Act to prohibit application of preexisting condition exclusions and to guarantee availability of health insurance coverage 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. Short title This Act may be cited as the Guaranteed Health Coverage for Pre-Existing Conditions Act of 2017 2. Prohibition of preexisting condition exclusions (a) Group market Subpart 1 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg 2701. Prohibition of preexisting condition exclusions (a) In General A group health plan or a health insurance issuer offering group health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. (b) Definitions For purposes of this section: (1) Preexisting condition exclusion (A) In general The term preexisting condition exclusion (B) Treatment of genetic information Genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. (2) Date of enrollment The term date of enrollment (3) Waiting period The term waiting period . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 2746. Prohibition of preexisting condition exclusions or other discrimination based on health status The provisions of section 2701 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . 3. Guaranteed availability of coverage (a) Group market Subpart 3 of part A of title XXVII of the Public Health Service Act is amended by striking section 2711 ( 42 U.S.C. 300gg–11 2711. Guaranteed availability of coverage (a) Guaranteed issuance of coverage in the group market Subject to subsection (b), each health insurance issuer that offers health insurance coverage in the group market in a State shall accept every employer and every individual in a group in the State that applies for such coverage. (b) Enrollment (1) Restriction A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. (2) Establishment A health insurance issuer described in subsection (a) shall establish special enrollment periods for qualifying events (as such term is defined in section 603 of the Employee Retirement Income Security Act of 1974). . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by striking section 2741 of such Act ( 42 U.S.C. 300gg–41 2741. Guaranteed availability of coverage The provisions of section 2711 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market. For purposes of this section, the Secretary shall treat any reference of the word employer individual . 4. Effective date contingent on repeal of PPACA (a) In general Sections 2 and 3 and the amendments made by such section shall take effect upon the enactment of PPACA repeal legislation described in subsection (b) and such sections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (b) PPACA repeal legislation described For purposes of subsection (a), PPACA repeal legislation described in this subsection is legislation that— (1) repeals Public Law 111–148 (2) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152

Summary: Guaranteed Health Coverage for Pre-Existing Conditions Act of 2017 This bill amends the Public Health Service Act to maintain, upon repeal of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010, the requirements that: (1) health insurance includes coverage for preexisting conditions, and (2) health insurers accept every employer and every individual in a group that applies for coverage in the group market and every individual that applies for coverage in the individual market.