IB 
Union Calendar No. 566 
110TH CONGRESS 
2D SESSION 
H. R. 6908 
[Report No. 110–870, Part I] 
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 
SEPTEMBER 23, 2008 
Reported from the Committee on Energy and Commerce 
SEPTEMBER 23, 2008 
Committees on Ways and Means and Education and Labor discharged; com-
mitted to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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-
VerDate Aug 31 2005 
02:41 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H6908.RH
H6908
jbell on PROD1PC69 with BILLS
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’’. 
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 
VerDate Aug 31 2005 
02:41 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6908.RH
H6908
jbell on PROD1PC69 with BILLS
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’’. 
(b) PHSA.—Section 2702(a)(2)(B) of the Public 
Health Service Act (42 U.S.C. 300gg–1(a)(2)(B)) 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) 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 group health insurance coverage 
make available, to participants and bene-
ficiaries in the plan in advance of the point 
of their enrollment under the plan, a de-
VerDate Aug 31 2005 
02:41 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6908.RH
H6908
jbell on PROD1PC69 with BILLS
scription of such limitations and restric-
tions in a form that is easily understand-
able by such participants and beneficiaries; 
and 
‘‘(iv) the plan sponsor and the issuer 
of the coverage provides such description 
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’’. 
VerDate Aug 31 2005 
02:41 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6908.RH
H6908
jbell on PROD1PC69 with BILLS
(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. 
VerDate Aug 31 2005 
02:41 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6908.RH
H6908
jbell on PROD1PC69 with BILLS
Union Calendar No. 566 
110TH CONGRESS 
2D SESSION 
H. R. 6908 
[Report No. 110–870, Part I] 
A BILL 
To require that limitations and restrictions on cov-
erage under group health plans be timely dis-
closed to group health plan sponsors and timely 
communicated to participants and beneficiaries 
under such plans in a form that is easily under-
standable. 
SEPTEMBER 23, 2008 
Reported from the Committee on Energy and Commerce 
SEPTEMBER 23, 2008 
Committees on Ways and Means and Education and 
Labor discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered 
to be printed 
VerDate Aug 31 2005 
02:41 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H6908.RH
H6908
jbell on PROD1PC69 with BILLS