I 
110TH CONGRESS 
2D SESSION 
H. R. 6908 
To require that limitations and restrictions on coverage under group health 
plans be timely disclosed to group health plan sponsors and timely 
communicated to participants and beneficiaries under such plans in a 
form that is easily understandable. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2008 
Mr. BURGESS (for himself and Mr. STUPAK) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Education and Labor and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To require that limitations and restrictions on coverage 
under group health plans be timely disclosed to group 
health plan sponsors and timely communicated to partici-
pants and beneficiaries under such plans in a form that 
is easily understandable. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health Insurance 
Source of Injury Clarification Act of 2008’’. 
VerDate Aug 31 2005 
21:49 Sep 17, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6908.IH
H6908
sroberts on PROD1PC70 with BILLS
SEC. 2. DISCLOSURE REQUIREMENTS. 
(a) ERISA.—Section 702(a)(2)(B) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1182(a)(2)(B)) is amended by inserting before the period 
at the end the following: ‘‘so long as— 
‘‘(i) such limitations and restrictions 
are explicit and clear; 
‘‘(ii) in the case of such limitations 
and restrictions in health insurance cov-
erage offered in connection with the group 
health plan, such limitations and restric-
tions have been disclosed to the plan spon-
sor in advance of the point of sale to the 
plan; 
‘‘(iii) the plan sponsor and the issuer 
of the health insurance coverage make 
available, to participants and beneficiaries 
in the plan in advance of the point of their 
enrollment under the plan, a description of 
such limitations and restrictions in a form 
that is easily understandable by such par-
ticipants and beneficiaries; and 
‘‘(iv) the plan sponsor and the issuer 
of the coverage provide such description to 
participants and beneficiaries upon their 
enrollment under the plan’’. 
VerDate Aug 31 2005 
21:49 Sep 17, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6908.IH
H6908
sroberts on PROD1PC70 with BILLS
to participants and beneficiaries upon their 
enrollment under the plan’’. 
(c) 
INTERNAL
REVENUE
CODE.—Section 
9802(a)(2)(B) of the Internal Revenue Code of 1986 is 
amended by inserting before the period at the end the fol-
lowing: ‘‘so long as— 
‘‘(i) such limitations and restrictions 
are explicit and clear; 
‘‘(ii) the group health plan makes 
available, to participants and beneficiaries 
in the plan in advance of the point of their 
enrollment under the plan, a description of 
such limitations and restrictions in a form 
that is easily understandable by such par-
ticipants and beneficiaries; and 
‘‘(iii) the plan provides such descrip-
tion to participants and beneficiaries upon 
their enrollment under the plan’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this Act shall apply with respect to plan years beginning 
after 1 year after the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
21:49 Sep 17, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H6908.IH
H6908
sroberts on PROD1PC70 with BILLS