I 
110TH CONGRESS 
1ST SESSION H. R. 2842 
To amend title I of the Employee Retirement Income Security Act of 1974, 
title XXVII of the Public Health Service Act, and the Internal Revenue 
Code of 1986 to prohibit preexisting condition exclusions for children 
in group health plans and health insurance coverage in the group and 
individual markets. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2007 
Ms. SCHWARTZ introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Education and Labor and Ways and Means, for a period to be subse-
quently 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 title I of the Employee Retirement Income Secu-
rity Act of 1974, title XXVII of the Public Health Serv-
ice Act, and the Internal Revenue Code of 1986 to pro-
hibit preexisting condition exclusions for children in 
group health plans and health insurance coverage in 
the group and individual markets. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Children’s Health Pro-
tection Act of 2007’’. 
SEC. 2. PROHIBITION OF PREEXISTING CONDITION EXCLU-
SIONS 
FOR 
CHILDREN 
UNDER 
GROUP 
HEALTH PLANS. 
(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.—Section 701(d) of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1181(d)) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) EXCLUSION
NOT
APPLICABLE
TO
CHIL-
DREN.—A group health plan, and a health insurance 
issuer offering group health insurance coverage, may 
not impose any preexisting condition exclusion in the 
case of an individual who has not attained 19 years 
of age.’’; 
(2) by striking paragraphs (2) and (4); and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(b) AMENDMENTS TO THE PUBLIC HEALTH SERVICE 
ACT.—Section 2701(d) of the Public Health Service Act 
(42 U.S.C. 300gg(d)) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
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‘‘(1) EXCLUSION
NOT
APPLICABLE
TO
CHIL-
DREN.—A group health plan, and a health insurance 
issuer offering group health insurance coverage, may 
not impose any preexisting condition exclusion in the 
case of an individual who has not attained 19 years 
of age.’’; 
(2) by striking paragraphs (2) and (4); and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(c) AMENDMENTS
TO
THE INTERNAL REVENUE 
CODE OF 1986.—Subsection (d) of section 9801 of the 
Internal Revenue Code of 1986 (relating to exceptions) is 
amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) EXCLUSION
NOT
APPLICABLE
TO
CHIL-
DREN.—A group health plan may not impose any 
preexisting condition exclusion in the case of an indi-
vidual who has not attained 19 years of age.’’; 
(2) by striking paragraphs (2) and (4); and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
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shall apply with respect to group health plans for 
plan years beginning after the end of the 12th cal-
endar month following the date of the enactment of 
this Act. 
(2) SPECIAL
RULE
FOR
COLLECTIVE
BAR-
GAINING
AGREEMENTS.—In the case of a group 
health plan maintained pursuant to one or more col-
lective bargaining agreements between employee rep-
resentatives and one or more employers ratified be-
fore the date of the enactment of this Act, the 
amendments made by this section shall not apply to 
plan years beginning before the earlier of— 
(A) the date on which the last of the col-
lective bargaining agreements relating to the 
plan terminates (determined without regard to 
any extension thereof agreed to after the date 
of the enactment of this Act), or 
(B) 3 years after the date of the enact-
ment of this Act. 
For purposes of subparagraph (A), any plan amend-
ment made pursuant to a collective bargaining 
agreement relating to the plan which amends the 
plan solely to conform to any requirement added by 
the amendments made by this section shall not be 
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treated as a termination of such collective bar-
gaining agreement. 
SEC. 3. PROHIBITION OF PREEXISTING CONDITION EXCLU-
SIONS FOR CHILDREN IN HEALTH INSUR-
ANCE COVERAGE IN THE INDIVIDUAL MAR-
KET. 
(a) IN GENERAL.—Section 2741 of the Public Health 
Service Act (42 U.S.C. 300gg–41) is amended— 
(1) by redesignating the second subsection (e) 
(relating to market requirements) and subsection (f) 
as subsections (f) and (g), respectively; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) PROHIBITION OF PREEXISTING CONDITION EX-
CLUSIONS FOR CHILDREN.—Each health insurance issuer 
that offers health insurance coverage in the individual 
market may not impose any preexisting condition exclu-
sion (as defined in section 2701(b)(1)(A)) in the case of 
an individual who has not attained 19 years of age.’’. 
(b) CONFORMING AMENDMENT.—Section 2744(a)(1) 
of such Act (42 U.S.C. 300gg–44(a)(1)) is amended by 
inserting ‘‘(other than subsection (h))’’ after ‘‘section 
2741’’ . 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to health insurance 
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coverage offered, sold, issued, renewed, in effect, or oper-
ated in the individual market after the end of the 12th 
calendar month following the date of the enactment of this 
Act. 
Æ 
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