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 ‘‘Emergency Advance 
Refill Notification Act of 2022’’. 
SEC. 2. REQUIRING PRESCRIPTION DRUG REFILL NOTIFI-
CATIONS DURING EMERGENCIES. 
(a) ERISA.— 
(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 726. PROVISION OF PRESCRIPTION DRUG REFILL NO-
TIFICATIONS DURING EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan, and a 
health insurance issuer offering health insurance coverage 
in connection with a group health plan, that provides bene-
fits for prescription drugs under such plan or such cov-
erage shall provide to each participant or beneficiary 
under such plan or such coverage who resides in an emer-
gency area during an emergency period— 
‘‘(1) not later than 5 business days after the 
date of the beginning of such period with respect to 
such area (or, the case of the emergency period de-
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scribed in section 1135(g)(1)(B) of the Social Secu-
rity Act, not later than 5 business days after the 
date of the enactment of this section), a notification 
(written in a manner that is clear and understand-
able to the average participant or beneficiary)— 
‘‘(A) of whether such plan or coverage will 
waive, during such period with respect to such 
a participant or beneficiary, any time restric-
tions under such plan or coverage on any au-
thorized refills for such drugs to enable such re-
fills in advance of when such refills would oth-
erwise have been permitted under such plan or 
coverage; and 
‘‘(B) in the case that such plan or coverage 
will waive such restrictions during such period 
with respect to such a participant or bene-
ficiary, that contains information on how such 
a participant or beneficiary may obtain such a 
refill; and 
‘‘(2) in the case such plan or coverage elects to 
so waive such restrictions during such period with 
respect to such a participant or beneficiary after the 
notification described in paragraph (1) has been pro-
vided with respect to such period, not later than 5 
business days after such election, a notification of 
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such election that contains the information described 
in subparagraph (B) of such paragraph. 
‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 
purposes of this section, an ‘emergency area’ is a geo-
graphical area in which, and an ‘emergency period’ is the 
period during which, there exists— 
‘‘(1) an emergency or disaster declared by the 
President pursuant to the National Emergencies Act 
or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act; and 
‘‘(2) a public health emergency declared by the 
Secretary pursuant to section 319 of the Public 
Health Service Act.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Employee Retirement Income Security 
Act of 1974 is amended by inserting after the item 
relating to section 725 the following: 
‘‘Sec. 726. Provision of prescription drug refill notifications during emer-
gencies.’’. 
(b) PHSA.—Part D of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg–111 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 2799A–11. PROVISION OF PRESCRIPTION DRUG RE-
FILL NOTIFICATIONS DURING EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan, and a 
health insurance issuer offering group or individual health 
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insurance coverage, that provides benefits for prescription 
drugs under such plan or such coverage shall provide to 
each participant, beneficiary, or enrollee enrolled under 
such plan or such coverage who resides in an emergency 
area during an emergency period— 
‘‘(1) not later than 5 business days after the 
date of the beginning of such period with respect to 
such area (or, the case of the emergency period de-
scribed in section 1135(g)(1)(B) of the Social Secu-
rity Act, not later than 5 business days after the 
date of the enactment of this section), a notification 
(written in a manner that is clear and understand-
able to the average participant, beneficiary, or en-
rollee)— 
‘‘(A) of whether such plan or coverage will 
waive, during such period with respect to such 
a participant, beneficiary, or enrollee, any time 
restrictions under such plan or coverage on any 
authorized refills for such drugs to enable such 
refills in advance of when such refills would 
otherwise have been permitted under such plan 
or coverage; and 
‘‘(B) in the case that such plan or coverage 
will waive such restrictions during such period 
with respect to such a participant, beneficiary, 
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or enrollee, that contains information on how 
such a participant, beneficiary, or enrollee may 
obtain such a refill; and 
‘‘(2) in the case such plan or coverage elects to 
so waive such restrictions during such period with 
respect to such a participant, beneficiary, or enrollee 
after the notification described in paragraph (1) has 
been provided with respect to such period, not later 
than 5 business days after such election, a notifica-
tion of such election that contains the information 
described in subparagraph (B) of such paragraph. 
‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 
purposes of this section, an ‘emergency area’ is a geo-
graphical area in which, and an ‘emergency period’ is the 
period during which, there exists— 
‘‘(1) an emergency or disaster declared by the 
President pursuant to the National Emergencies Act 
or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act; and 
‘‘(2) a public health emergency declared by the 
Secretary pursuant to section 319.’’. 
(c) IRC.— 
(1) IN
GENERAL.—Subchapter B of chapter 
100 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new section: 
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‘‘SEC. 9826. PROVISION OF PRESCRIPTION DRUG REFILL 
NOTIFICATIONS DURING EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan that pro-
vides benefits for prescription drugs under such plan shall 
provide to each participant or beneficiary enrolled under 
such plan who resides in an emergency area during an 
emergency period, not later than 5 business days after the 
date of the beginning of such period with respect to such 
area (or, the case of the emergency period described in 
described in section 1135(g)(1)(B) of the Social Security 
Act, not later than 5 business days after the date of the 
enactment of this section)— 
‘‘(1) a notification (written in a manner that is 
clear and understandable to the average participant 
or beneficiary)— 
‘‘(A) of whether such plan will waive, dur-
ing such period with respect to such a partici-
pant or beneficiary, any time restrictions under 
such plan on any authorized refills for such 
drugs to enable such refills in advance of when 
such refills would otherwise have been per-
mitted under such plan; and 
‘‘(B) in the case that such plan will waive 
such restrictions during such period with re-
spect to such a participant or beneficiary, that 
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contains information on how such a participant 
or beneficiary may obtain such a refill; and 
‘‘(2) in the case such plan elects to so waive 
such restrictions during such period with respect to 
such a participant or beneficiary after the notifica-
tion described in paragraph (1) has been provided 
with respect to such period, not later than 5 busi-
ness days after such election, a notification of such 
election that contains the information described in 
subparagraph (B) of such paragraph. 
‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 
purposes of this section, an ‘emergency area’ is a geo-
graphical area in which, and an ‘emergency period’ is the 
period during which, there exists— 
‘‘(1) an emergency or disaster declared by the 
President pursuant to the National Emergencies Act 
or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act; and 
‘‘(2) a public health emergency declared by the 
Secretary pursuant to section 319 of the Public 
Health Service Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter B of chapter 100 of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new item: 
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‘‘Sec. 9826. Provision of prescription drug refill notifications during emer-
gencies.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to— 
(1) emergency periods beginning on or after the 
date of the enactment of this Act; and 
(2) the emergency period described in section 
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
1320b–5(g)(1)(B)). 
Æ 
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