‘‘(i) described for such method in sec-
tion 1834(d) of the Social Security Act (42 
U.S.C. 1395m(d)) or section 410.37 of 
title 42, Code of Federal Regulations; or 
‘‘(ii) specified by the Secretary for 
such method, if the Secretary finds, based 
upon new scientific knowledge and con-
sistent with the recommendations of appro-
priate organizations with special expertise 
in the field of colorectal cancer, that a dif-
ferent frequency would not adversely affect 
the effectiveness of such screening. 
‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.—The 
imposition of the requirements of this section shall be 
treated as a material modification in the terms of the plan 
described in section 102(a), for purposes of assuring no-
tice of such requirements under the plan; except that the 
summary description required to be provided under the 
third to last sentence of section 104(b)(1) with respect to 
such modification shall be provided by not later than 60 
days after the first day of the first plan year in which 
such requirements apply.’’. 
(B) TECHNICAL AND CONFORMING AMEND-
MENTS.—
(i) Section 731(c) of the Employee 
Retirement Income Security Act of 1974 
(29 U.S.C. 1191(c)) is amended by strik-
ing ‘‘section 711’’ and inserting ‘‘sections 
711 and 714’’. 
(ii) Section 732(a) of the Employee 
Retirement Income Security Act of 1974 
(29 U.S.C. 1191a(a)) is amended by strik-
ing ‘‘section 711’’ and inserting ‘‘sections 
711 and 714’’. 
(iii) The table of contents in section 1 
of the Employee Retirement Income Secu-
rity Act of 1974 is amended by inserting 
after the item relating to section 713 the 
following new item: 
‘‘Sec. 714. Coverage for colorectal cancer screening.’’. 
(b) INDIVIDUAL HEALTH INSURANCE.— 
(1) IN GENERAL.—Part B of title XXVII of the 
Public Health Service Act (42 U.S.C. 300gg–41 et 
seq.) is amended by inserting after section 2752 the 
following new section: 
‘‘SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREEN-
ING. 
‘‘(a) IN
GENERAL.—The provisions of section 
2901(a) shall apply to health insurance coverage offered 
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 connection with a 
group health plan in the small or large group market. 
‘‘(b) NOTICE.—A health insurance issuer under this 
part shall comply with the notice requirement under sec-
tion 714(b) of the Employee Retirement Income Security 
Act of 1974 with respect to the requirements referred to 
in subsection (a) as if such section applied to such issuer 
and such issuer were a group health plan.’’. 
(2) 
TECHNICAL
AMENDMENT.—Section 
2762(b)(2) of the Public Health Service Act (42 
U.S.C. 300gg–62(b)(2)) is amended by striking 
‘‘section 2751’’ and inserting ‘‘sections 2751 and 
2753’’. 
(c) EFFECTIVE DATES.— 
(1) GROUP HEALTH PLANS.—The amendments 
made by subsection (a) shall apply with respect to 
group health plans for plan years beginning on or 
after January 1, 2005. 
(2) INDIVIDUAL
HEALTH
INSURANCE.—The 
amendments made by subsection (b) shall apply with 
respect to health insurance coverage offered, sold, 
issued, renewed, in effect, or operated in the indi-
vidual market on or after January 1, 2005.
(d) COORDINATED REGULATIONS.—The Secretary of 
Labor and the Secretary of Health and Human Services 
shall ensure, through the execution of an interagency 
memorandum of understanding among such Secretaries, 
that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which both Secretaries have responsibility 
under the provisions of this section (and the amend-
ments made thereby) are administered so as to have 
the same effect at all times; and 
(2) coordination of policies relating to enforcing 
the same requirements through such Secretaries in 
order to have a coordinated enforcement strategy 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
Æ