I 
111TH CONGRESS 
1ST SESSION H. R. 3584 
To amend the Public Health Service Act to require reinstatement upon 
payment of all premiums due of group or individual health insurance 
coverage terminated by reason of nonpayment of premiums. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2009 
Mr. FORBES introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to require reinstate-
ment upon payment of all premiums due of group or 
individual health insurance coverage terminated by rea-
son of nonpayment of premiums. 
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 Care Consumer 
Protection Act of 2009’’. 
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SEC. 2. RIGHT OF REINSTATEMENT FOR HEALTH INSUR-
ANCE COVERAGE TERMINATED BY REASON 
OF NONPAYMENT OF PREMIUMS. 
(a) GROUP HEALTH INSURANCE COVERAGE.—Part 
3 of subtitle A of title XXVII of the Public Health Service 
Act is amended by adding at the end the following new 
section: 
‘‘SEC. 
2714. 
RIGHT 
OF 
REINSTATEMENT 
FOR 
GROUP 
HEALTH 
INSURANCE 
COVERAGE 
TERMI-
NATED BY REASON OF NONPAYMENT OF PRE-
MIUMS. 
‘‘(a) IN GENERAL.—If a health insurance issuer of-
fering group health insurance coverage in connection with 
a group health plan cancels or does not renew the coverage 
by reason of nonpayment of premiums, the issuer— 
‘‘(1) shall provide, during the 14-day period be-
ginning on the date of such cancellation or non-re-
newal, written notice to the administrator of the 
plan and to each participant receiving such coverage 
under the plan of the cancellation or non-renewal of 
the coverage, of the reason for such cancellation or 
non-renewal, and of the right of reinstatement pro-
vided under paragraph (2); and 
‘‘(2) shall reinstate the coverage as if the cov-
erage had not lapsed if the premiums due, and such 
reasonable administrative fee as the State regulating 
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such coverage may specify, are paid to the issuer by 
not later than 60 days after the date the cancella-
tion or non-renewal would otherwise have become ef-
fective. 
‘‘(b) RELATION TO STATE LAW.—Nothing in this 
title shall be construed as preventing a State from pro-
viding for— 
‘‘(1) reinstatement of lapsed group health in-
surance coverage in a case not described in sub-
section (a); or 
‘‘(2) reinstatement of coverage after a period of 
nonpayment of longer than that specified in such 
subsection.’’. 
(b) INDIVIDUAL HEALTH INSURANCE COVERAGE.— 
Such Act is amended by inserting after section 2753 the 
following new section: 
‘‘SEC. 2754. RIGHT OF REINSTATEMENT FOR HEALTH IN-
SURANCE COVERAGE TERMINATED BY REA-
SON OF NONPAYMENT OF PREMIUMS. 
‘‘(a) APPLICATION OF RULES.—The provisions of 
section 2714 shall apply to health insurance coverage of-
fered by a health insurance issuer in the individual market 
in the same manner as they apply to health insurance cov-
erage offered by a health insurance issuer in connection 
with a group health plan. 
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‘‘(b) 
APPLICATION
TO
COVERAGE
OBTAINED 
THROUGH AN ASSOCIATION OR ORGANIZATION.—In ap-
plying subsection (a), if— 
‘‘(1) such health insurance coverage is offered 
through an association or other organization; 
‘‘(2) the association or organization is respon-
sible for payment of the premium for such coverage; 
and 
‘‘(3) the association or organization fails to 
make payment of such premium, 
the issuer shall provide the required notice both to the as-
sociation or organization and to the individuals whose cov-
erage is affected by such non-payment and repayment of 
premiums owed may be made by either the association or 
such individuals.’’. 
(c) EFFECTIVE DATES.— 
(1) GROUP HEALTH INSURANCE.—The amend-
ment made by subsection (a) shall apply to group 
health insurance coverage offered for plans years be-
ginning on or after 1 year after the date of the en-
actment of this Act. 
(2) INDIVIDUAL
HEALTH
INSURANCE.—The 
amendment made by subsection (b) shall apply to in-
dividual health insurance coverage as of the date 
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that is 1 year after the date of the enactment of this 
Act. 
Æ 
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