II
Calendar No. 150
107TH CONGRESS
1ST SESSION
H. R. 2563
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 5, 2001
Received and read the first time
SEPTEMBER 6, 2001
Read the second time and placed on the calendar
AN ACT
To amend the Public Health Service Act, the Employee Re-
tirement Income Security Act of 1974, and the Internal
Revenue Code of 1986 to protect consumers in managed
care plans and other health coverage.
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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Bipartisan Patient Protection Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—IMPROVING MANAGED CARE
Subtitle A—Utilization Review; Claims; and Internal and External Appeals
Sec. 101. Utilization review activities.
Sec. 102. Procedures for initial claims for benefits and prior authorization de-
terminations.
Sec. 103. Internal appeals of claims denials.
Sec. 104. Independent external appeals procedures.
Sec. 105. Health care consumer assistance fund.
Subtitle B—Access to Care
Sec. 111. Consumer choice option.
Sec. 112. Choice of health care professional.
Sec. 113. Access to emergency care.
Sec. 114. Timely access to specialists.
Sec. 115. Patient access to obstetrical and gynecological care.
Sec. 116. Access to pediatric care.
Sec. 117. Continuity of care.
Sec. 118. Access to needed prescription drugs.
Sec. 119. Coverage for individuals participating in approved clinical trials.
Sec. 120. Required coverage for minimum hospital stay for mastectomies and
lymph node dissections for the treatment of breast cancer and
coverage for secondary consultations.
Subtitle C—Access to Information
Sec. 121. Patient access to information.
Subtitle D—Protecting the Doctor-Patient Relationship
Sec. 131. Prohibition of interference with certain medical communications.
Sec. 132. Prohibition of discrimination against providers based on licensure.
Sec. 133. Prohibition against improper incentive arrangements.
Sec. 134. Payment of claims.
Sec. 135. Protection for patient advocacy.
Subtitle E—Definitions
Sec. 151. Definitions.
Sec. 152. Preemption; State flexibility; construction.
Sec. 153. Exclusions.
Sec. 154. Treatment of excepted benefits.
Sec. 155. Regulations.
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Sec. 156. Incorporation into plan or coverage documents.
Sec. 157. Preservation of protections.
TITLE II—APPLICATION OF QUALITY CARE STANDARDS TO
GROUP HEALTH PLANS AND HEALTH INSURANCE COVERAGE
UNDER THE PUBLIC HEALTH SERVICE ACT
Sec. 201. Application to group health plans and group health insurance cov-
erage.
Sec. 202. Application to individual health insurance coverage.
Sec. 203. Cooperation between Federal and State authorities.
TITLE III—APPLICATION OF PATIENT PROTECTION STANDARDS
TO FEDERAL HEALTH INSURANCE PROGRAMS
Sec. 301. Application of patient protection standards to Federal health insur-
ance programs.
TITLE IV—AMENDMENTS TO THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974
Subtitle A—General Provisions
Sec. 401. Application of patient protection standards to group health plans and
group health insurance coverage under the Employee Retire-
ment Income Security Act of 1974.
Sec. 402. Availability of civil remedies.
Sec. 403. Limitation on certain class action litigation.
Sec. 404. Limitations on actions.
Sec. 405. Cooperation between Federal and State authorities.
Sec. 406. Sense of the Senate concerning the importance of certain unpaid
services.
Subtitle B—Association Health Plans
Sec. 421. Rules governing association health plans.
Sec. 422. Clarification of treatment of single employer arrangements.
Sec. 423. Clarification of treatment of certain collectively bargained arrange-
ments.
Sec. 424. Enforcement provisions relating to association health plans.
Sec. 425. Cooperation between Federal and State authorities.
Sec. 426. Effective date and transitional and other rules.
TITLE V—AMENDMENTS TO THE INTERNAL REVENUE CODE OF
1986
Subtitle A—Application of Patient Protection Provisions
Sec. 501. Application to group health plans under the Internal Revenue Code
of 1986.
Sec. 502. Conforming enforcement for women’s health and cancer rights.
Subtitle B—Health Care Coverage Access Tax Incentives
Sec. 511. Expansion of availability of Archer medical savings accounts.
Sec. 512. Deduction for 100 percent of health insurance costs of self-employed
individuals.
Sec. 513. Credit for health insurance expenses of small businesses.
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Sec. 514. Certain grants by private foundations to qualified health benefit pur-
chasing coalitions.
Sec. 515. State grant program for market innovation.
TITLE VI—EFFECTIVE DATES; COORDINATION IN
IMPLEMENTATION
Sec. 601. Effective dates.
Sec. 602. Coordination in implementation.
Sec. 603. Severability.
TITLE VII—MISCELLANEOUS PROVISIONS
Sec. 701. No impact on social security trust funds.
Sec. 702. Customs user fees.
Sec. 703. Fiscal year 2002 medicare payments.
Sec. 704. Sense of the Senate with respect to participation in clinical trials and
access to specialty care.
Sec. 705. Sense of the Senate regarding fair review process.
Sec. 706. Annual review.
Sec. 707. Definition of born-alive infant.
TITLE I—IMPROVING MANAGED
CARE
Subtitle 
A—Utilization 
Review;
Claims; and Internal and Exter-
nal Appeals
SEC. 101. UTILIZATION REVIEW ACTIVITIES.
(a) COMPLIANCE WITH REQUIREMENTS.—
(1) IN GENERAL.—A group health plan, and a
health insurance issuer that provides health insur-
ance coverage, shall conduct utilization review activi-
ties in connection with the provision of benefits
under such plan or coverage only in accordance with
a utilization review program that meets the require-
ments of this section and section 503A of the Em-
ployee Retirement Income Security Act of 1974.
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(2) USE OF OUTSIDE AGENTS.—Nothing in this
section shall be construed as preventing a group
health plan or health insurance issuer from arrang-
ing through a contract or otherwise for persons or
entities to conduct utilization review activities on be-
half of the plan or issuer, so long as such activities
are conducted in accordance with a utilization review
program that meets the requirements of this section.
(3) UTILIZATION REVIEW DEFINED.—For pur-
poses of this section, the terms ‘‘utilization review’’
and ‘‘utilization review activities’’ mean procedures
used to monitor or evaluate the use or coverage,
clinical necessity, appropriateness, efficacy, or effi-
ciency of health care services, procedures or settings,
and includes prospective review, concurrent review,
second opinions, case management, discharge plan-
ning, or retrospective review.
(b) WRITTEN POLICIES AND CRITERIA.—
(1) WRITTEN POLICIES.—A utilization review
program shall be conducted consistent with written
policies and procedures that govern all aspects of the
program.
(2) USE OF WRITTEN CRITERIA.—
(A) IN GENERAL.—Such a program shall
utilize written clinical review criteria developed
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with input from a range of appropriate actively
practicing health care professionals, as deter-
mined by the plan, pursuant to the program.
Such criteria shall include written clinical re-
view criteria that are based on valid clinical evi-
dence where available and that are directed spe-
cifically at meeting the needs of at-risk popu-
lations and covered individuals with chronic
conditions or severe illnesses, including gender-
specific criteria and pediatric-specific criteria
where available and appropriate.
(B) CONTINUING USE OF STANDARDS IN
RETROSPECTIVE
REVIEW.—If a health care
service has been specifically pre-authorized or
approved for a participant, beneficiary, or en-
rollee under such a program, the program shall
not, pursuant to retrospective review, revise or
modify the specific standards, criteria, or proce-
dures used for the utilization review for proce-
dures, treatment, and services delivered to the
enrollee during the same course of treatment.
(C) REVIEW OF SAMPLE OF CLAIMS DENI-
ALS.—Such a program shall provide for a peri-
odic evaluation of the clinical appropriateness of
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at least a sample of denials of claims for bene-
fits.
(c) CONDUCT OF PROGRAM ACTIVITIES.—
(1) ADMINISTRATION BY HEALTH CARE PRO-
FESSIONALS.—A utilization review program shall be
administered by qualified health care professionals
who shall oversee review decisions.
(2) USE
OF
QUALIFIED, INDEPENDENT
PER-
SONNEL.—
(A) IN
GENERAL.—A utilization review
program shall provide for the conduct of utiliza-
tion review activities only through personnel
who are qualified and have received appropriate
training in the conduct of such activities under
the program.
(B) PROHIBITION
OF
CONTINGENT
COM-
PENSATION ARRANGEMENTS.—Such a program
shall not, with respect to utilization review ac-
tivities, permit or provide compensation or any-
thing of value to its employees, agents, or con-
tractors in a manner that encourages denials of
claims for benefits.
(C) PROHIBITION OF CONFLICTS.—Such a
program shall not permit a health care profes-
sional who is providing health care services to
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an individual to perform utilization review ac-
tivities in connection with the health care serv-
ices being provided to the individual.
(3) ACCESSIBILITY OF REVIEW.—Such a pro-
gram shall provide that appropriate personnel per-
forming utilization review activities under the pro-
gram, including the utilization review administrator,
are reasonably accessible by toll-free telephone dur-
ing normal business hours to discuss patient care
and allow response to telephone requests, and that
appropriate provision is made to receive and respond
promptly to calls received during other hours.
(4) LIMITS ON FREQUENCY.—Such a program
shall not provide for the performance of utilization
review activities with respect to a class of services
furnished to an individual more frequently than is
reasonably required to assess whether the services
under review are medically necessary and appro-
priate.
SEC. 102. PROCEDURES FOR INITIAL CLAIMS FOR BENE-
FITS AND PRIOR AUTHORIZATION DETER-
MINATIONS.
Part 5 of subtitle B of title I of the Employee Retire-
ment Income Security Act of 1974 is amended by insert-
ing after section 503 (29 U.S.C. 1133) the following:
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‘‘SEC. 503A. PROCEDURES FOR INITIAL CLAIMS FOR BENE-
FITS AND PRIOR AUTHORIZATION DETER-
MINATIONS.
‘‘(a) PROCEDURES OF INITIAL CLAIMS FOR BENE-
FITS.—
‘‘(1) IN GENERAL.—A group health plan, and a
health insurance issuer offering health insurance
coverage in connection with the group health plan,
shall—
‘‘(A) make a determination on an initial
claim for benefits by a participant or bene-
ficiary (or authorized representative) regarding
payment or coverage for items or services under
the terms and conditions of the plan or cov-
erage involved, including any cost-sharing
amount that the participant or beneficiary is re-
quired to pay with respect to such claim for
benefits; and
‘‘(B) notify a participant or beneficiary (or
authorized representative) and the treating
health care professional involved regarding a
determination on an initial claim for benefits
made under the terms and conditions of the
plan or coverage, including any cost-sharing
amounts that the participant or beneficiary may
be required to make with respect to such claim
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for benefits, and of the right of the participant
or beneficiary to an internal appeal under sec-
tion 503B.
‘‘(2) ACCESS TO INFORMATION.—
‘‘(A) TIMELY
PROVISION
OF
NECESSARY
INFORMATION.—With respect to an initial claim
for benefits, the participant or beneficiary (or
authorized representative) and the treating
health care professional (if any) shall provide
the plan or issuer with access to information re-
quested by the plan or issuer that is necessary
to make a determination relating to the claim.
Such access shall be provided not later than 5
days after the date on which the request for in-
formation is received, or, in a case described in
subparagraph (B) or (C) of subsection (b)(1),
by such earlier time as may be necessary to
comply with the applicable timeline under such
subparagraph.
‘‘(B) LIMITED
EFFECT
OF
FAILURE
ON
PLAN
OR
ISSUER’S
OBLIGATIONS.—Failure of
the participant or beneficiary to comply with
the requirements of subparagraph (A) shall not
remove the obligation of the plan or issuer to
make a decision in accordance with the medical
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exigencies of the case and as soon as possible,
based on the available information, and failure
to comply with the time limit established by this
paragraph shall not remove the obligation of
the plan or issuer to comply with the require-
ments of this section.
‘‘(3) ORAL REQUESTS.—In the case of a claim
for benefits involving an expedited or concurrent de-
termination, a participant or beneficiary (or author-
ized representative) may make an initial claim for
benefits orally, but a group health plan, or health in-
surance issuer offering health insurance coverage in
connection with the group health plan, may require
that the participant or beneficiary (or authorized
representative) provide written confirmation of such
request in a timely manner on a form provided by
the plan or issuer. In the case of such an oral re-
quest for benefits, the making of the request (and
the timing of such request) shall be treated as the
making at that time of a claim for such benefits
without regard to whether and when a written con-
firmation of such request is made.
‘‘(b) TIMELINE FOR MAKING DETERMINATIONS.—
‘‘(1) 
PRIOR
AUTHORIZATION
DETERMINA-
TION.—
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‘‘(A) IN GENERAL.—A group health plan,
and a health insurance issuer offering health in-
surance coverage in connection with the group
health plan, shall make a prior authorization
determination on a claim for benefits (whether
oral or written) in accordance with the medical
exigencies of the case and as soon as possible,
but in no case later than 14 days from the date
on which the plan or issuer receives information
that is reasonably necessary to enable the plan
or issuer to make a determination on the re-
quest for prior authorization and in no case
later than 28 days after the date of the claim
for benefits is received.
‘‘(B) EXPEDITED DETERMINATION.—Not-
withstanding subparagraph (A), a group health
plan, and a health insurance issuer offering
health insurance coverage in connection with
the group health plan, shall expedite a prior au-
thorization determination on a claim for bene-
fits described in such subparagraph when a re-
quest for such an expedited determination is
made by a participant or beneficiary (or author-
ized representative) at any time during the
process for making a determination and a
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health care professional certifies, with the re-
quest, that a determination under the proce-
dures described in subparagraph (A) would seri-
ously jeopardize the life or health of the partici-
pant or beneficiary or the ability of the partici-
pant or beneficiary to maintain or regain max-
imum function. Such determination shall be
made in accordance with the medical exigencies
of the case and as soon as possible, but in no
case later than 72 hours after the time the re-
quest is received by the plan or issuer under
this subparagraph.
‘‘(C) ONGOING CARE.—
‘‘(i) CONCURRENT REVIEW.—
‘‘(I) IN
GENERAL.—Subject to
clause (ii), in the case of a concurrent
review of ongoing care (including hos-
pitalization), which results in a termi-
nation or reduction of such care, the
plan or issuer must provide by tele-
phone and in printed form notice of
the concurrent review determination
to the individual or the individual’s
designee and the individual’s health
care provider in accordance with the
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medical exigencies of the case and as
soon as possible, with sufficient time
prior to the termination or reduction
to allow for an appeal under section
503B(b)(3) to be completed before the
termination or reduction takes effect.
‘‘(II) CONTENTS
OF
NOTICE.—
Such notice shall include, with respect
to ongoing health care items and serv-
ices, the number of ongoing services
approved, the new total of approved
services, the date of onset of services,
and the next review date, if any, as
well as a statement of the individual’s
rights to further appeal.
‘‘(ii) 
RULE
OF
CONSTRUCTION.—
Clause (i) shall not be construed as requir-
ing plans or issuers to provide coverage of
care that would exceed the coverage limita-
tions for such care.
‘‘(2) 
RETROSPECTIVE
DETERMINATION.—A
group health plan, and a health insurance issuer of-
fering health insurance coverage in connection with
the group health plan, shall make a retrospective de-
termination on a claim for benefits in accordance
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with the medical exigencies of the case and as soon
as possible, but not later than 30 days after the date
on which the plan or issuer receives information that
is reasonably necessary to enable the plan or issuer
to make a determination on the claim, or, if earlier,
60 days after the date of receipt of the claim for
benefits.
‘‘(c) NOTICE OF A DENIAL OF A CLAIM FOR BENE-
FITS.—Written notice of a denial made under an initial
claim for benefits shall be issued to the participant or ben-
eficiary (or authorized representative) and the treating
health care professional in accordance with the medical ex-
igencies of the case and as soon as possible, but in no
case later than 2 days after the date of the determination
(or, in the case described in subparagraph (B) or (C) of
subsection (b)(1), within the 72-hour or applicable period
referred to in such subparagraph).
‘‘(d) REQUIREMENTS OF NOTICE OF DETERMINA-
TIONS.—The written notice of a denial of a claim for bene-
fits determination under subsection (c) shall be provided
in printed form and written in a manner calculated to be
understood by the participant or beneficiary and shall
include—
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‘‘(1) the specific reasons for the determination
(including a summary of the clinical or scientific evi-
dence used in making the determination);
‘‘(2) the procedures for obtaining additional in-
formation concerning the determination; and
‘‘(3) notification of the right to appeal the de-
termination and instructions on how to initiate an
appeal in accordance with section 503B.
‘‘(e) DEFINITIONS.—For purposes of this section and
sections 503B and 503C:
‘‘(1) 
AUTHORIZED
REPRESENTATIVE.—The
term ‘authorized representative’ means, with respect
to an individual who is a participant or beneficiary,
any health care professional or other person acting
on behalf of the individual with the individual’s con-
sent or without such consent if the individual is
medically unable to provide such consent.
‘‘(2) CLAIM FOR BENEFITS.—The term ‘claim
for benefits’ means any request for coverage (includ-
ing authorization of coverage), for eligibility, or for
payment in whole or in part, for an item or service
under a group health plan or health insurance cov-
erage in connection with the group health plan.
‘‘(3) DENIAL OF CLAIM FOR BENEFITS.—The
term ‘denial’ means, with respect to a claim for ben-
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efits, a denial (in whole or in part) of, or a failure
to act in accordance with the applicable deadlines es-
tablished under this section and section 503B upon,
the claim for benefits and includes a failure to pro-
vide benefits (including items and services) required
to be provided under title I of the Bipartisan Patient
Protection Act.
‘‘(4) 
TREATING
HEALTH
CARE
PROFES-
SIONAL.—The term ‘treating health care profes-
sional’ means, with respect to services to be provided
to a participant or beneficiary, a health care profes-
sional who is primarily responsible for delivering
those services to the participant or beneficiary.
‘‘(5) OTHER DEFINITIONS.—Section 151 of the
Bipartisan Patient Protection Act shall apply.’’.
SEC. 103. INTERNAL APPEALS OF CLAIMS DENIALS.
Part 5 of subtitle B of title I of the Employee Retire-
ment Income Security Act of 1974 (as amended by section
503A) is amended further by inserting after section 503A
(29 U.S.C. 1133A) the following:
‘‘SEC. 503B. INTERNAL APPEALS OF CLAIMS DENIALS.
‘‘(a) RIGHT TO INTERNAL APPEAL.—
‘‘(1) IN GENERAL.—A participant or beneficiary
(or authorized representative) may appeal any denial
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of a claim for benefits under section 503A under the
procedures described in this section.
‘‘(2) TIME FOR APPEAL.—
‘‘(A) IN GENERAL.—A group health plan,
and a health insurance issuer offering health in-
surance coverage in connection with the group
health plan, shall ensure that a participant or
beneficiary (or authorized representative) has a
period of not less than 180 days beginning on
the date of a denial of a claim for benefits
under section 503A in which to appeal such de-
nial under this section.
‘‘(B) DATE OF DENIAL.—For purposes of
subparagraph (A), the date of the denial shall
be deemed to be the date as of which the partic-
ipant or beneficiary knew of the denial of the
claim for benefits.
‘‘(3) FAILURE TO ACT.—The failure of a plan
or issuer to issue a determination on a claim for
benefits under section 503A within the applicable
timeline established for such a determination under
such section is a denial of a claim for benefits for
purposes this section and sections 503B and 503C
as of the date of the applicable deadline.
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timely manner on a form provided by the plan or
issuer. In the case of such an oral request for an ap-
peal of a denial, the making of the request (and the
timing of such request) shall be treated as the mak-
ing at that time of a request for an appeal without
regard to whether and when a written confirmation
of such request is made.
‘‘(2) ACCESS TO INFORMATION.—
‘‘(A) TIMELY
PROVISION
OF
NECESSARY
INFORMATION.—With respect to an appeal of a
denial of a claim for benefits, the participant or
beneficiary (or authorized representative) and
the treating health care professional (if any)
shall provide the plan or issuer with access to
information requested by the plan or issuer that
is necessary to make a determination relating to
the appeal. Such access shall be provided not
later than 5 days after the date on which the
request for information is received, or, in a case
described in subparagraph (B) or (C) of para-
graph (3), by such earlier time as may be nec-
essary to comply with the applicable timeline
under such subparagraph.
‘‘(B) LIMITED
EFFECT
OF
FAILURE
ON
PLAN
OR
ISSUER’S
OBLIGATIONS.—Failure of
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the participant or beneficiary to comply with
the requirements of subparagraph (A) shall not
remove the obligation of the plan or issuer to
make a decision in accordance with the medical
exigencies of the case and as soon as possible,
based on the available information, and failure
to comply with the time limit established by this
paragraph shall not remove the obligation of
the plan or issuer to comply with the require-
ments of this section.
‘‘(3) 
PRIOR
AUTHORIZATION
DETERMINA-
TIONS.—
‘‘(A) IN GENERAL.—Except as provided in
this paragraph or paragraph (4), a group
health plan, and a health insurance issuer offer-
ing health insurance coverage in connection
with the group health plan, shall make a deter-
mination on an appeal of a denial of a claim for
benefits under this subsection in accordance
with the medical exigencies of the case and as
soon as possible, but in no case later than 14
days from the date on which the plan or issuer
receives information that is reasonably nec-
essary to enable the plan or issuer to make a
determination on the appeal and in no case
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later than 28 days after the date the request
for the appeal is received.
‘‘(B) EXPEDITED DETERMINATION.—Not-
withstanding subparagraph (A), a group health
plan, and a health insurance issuer offering
health insurance coverage in connection with
the group health plan, shall expedite a prior au-
thorization determination on an appeal of a de-
nial of a claim for benefits described in sub-
paragraph (A), when a request for such an ex-
pedited determination is made by a participant
or beneficiary (or authorized representative) at
any time during the process for making a deter-
mination and a health care professional cer-
tifies, with the request, that a determination
under the procedures described in subparagraph
(A) would seriously jeopardize the life or health
of the participant or beneficiary or the ability of
the participant or beneficiary to maintain or re-
gain maximum function. Such determination
shall be made in accordance with the medical
exigencies of the case and as soon as possible,
but in no case later than 72 hours after the
time the request for such appeal is received by
the plan or issuer under this subparagraph.
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‘‘(C) ONGOING CARE DETERMINATIONS.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), in the case of a concurrent review de-
termination 
described 
in 
section
503A(b)(1)(C)(i)(I), which results in a ter-
mination or reduction of such care, the
plan or issuer must provide notice of the
determination on the appeal under this
section by telephone and in printed form to
the individual or the individual’s designee
and the individual’s health care provider in
accordance with the medical exigencies of
the case and as soon as possible, with suf-
ficient time prior to the termination or re-
duction to allow for an external appeal
under section 503C to be completed before
the termination or reduction takes effect.
‘‘(ii) 
RULE
OF
CONSTRUCTION.—
Clause (i) shall not be construed as requir-
ing plans or issuers to provide coverage of
care that would exceed the coverage limita-
tions for such care.
‘‘(4) 
RETROSPECTIVE
DETERMINATION.—A
group health plan, and a health insurance issuer of-
fering health insurance coverage in connection with
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the group health plan, shall make a retrospective de-
termination on an appeal of a denial of a claim for
benefits in no case later than 30 days after the date
on which the plan or issuer receives necessary infor-
mation that is reasonably necessary to enable the
plan or issuer to make a determination on the ap-
peal and in no case later than 60 days after the date
the request for the appeal is received.
‘‘(c) CONDUCT OF REVIEW.—
‘‘(1) IN GENERAL.—A review of a denial of a
claim for benefits under this section shall be con-
ducted by an individual with appropriate expertise
who was not involved in the initial determination.
‘‘(2) PEER REVIEW OF MEDICAL DECISIONS BY
HEALTH CARE PROFESSIONALS.—A review of an ap-
peal of a denial of a claim for benefits that is based
on a lack of medical necessity and appropriateness,
or based on an experimental or investigational treat-
ment, or requires an evaluation of medical facts—
‘‘(A) shall be made by a physician
(allopathic or osteopathic); or
‘‘(B) in a claim for benefits provided by a
non-physician health professional, shall be made
by a review panel including at least one prac-
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ticing non-physician health professional of the
same or similar specialty,
with appropriate expertise (including, in the case of
a child, appropriate pediatric expertise) and acting
within the appropriate scope of practice within the
State in which the service is provided or rendered,
who was not involved in the initial determination.
‘‘(d) NOTICE OF DETERMINATION.—
‘‘(1) IN GENERAL.—Written notice of a deter-
mination made under an internal appeal of a denial
of a claim for benefits shall be issued to the partici-
pant or beneficiary (or authorized representative)
and the treating health care professional in accord-
ance with the medical exigencies of the case and as
soon as possible, but in no case later than 2 days
after the date of completion of the review (or, in the
case described in subparagraph (B) or (C) of sub-
section (b)(3), within the 72-hour or applicable pe-
riod referred to in such subparagraph).
‘‘(2) FINAL DETERMINATION.—The decision by
a plan or issuer under this section shall be treated
as the final determination of the plan or issuer on
a denial of a claim for benefits. The failure of a plan
or issuer to issue a determination on an appeal of
a denial of a claim for benefits under this section
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within the applicable timeline established for such a
determination shall be treated as a final determina-
tion on an appeal of a denial of a claim for benefits
for purposes of proceeding to external review under
section 503C.
‘‘(3) REQUIREMENTS
OF
NOTICE.—With re-
spect to a determination made under this section,
the notice described in paragraph (1) shall be pro-
vided in printed form and written in a manner cal-
culated to be understood by the participant or bene-
ficiary and shall include—
‘‘(A) the specific reasons for the deter-
mination (including a summary of the clinical
or scientific evidence used in making the deter-
mination);
‘‘(B) the procedures for obtaining addi-
tional information concerning the determina-
tion; and
‘‘(C) notification of the right to an inde-
pendent external review under section 503C and
instructions on how to initiate such a review.’’.
SEC. 104. INDEPENDENT EXTERNAL APPEALS PROCE-
DURES.
(a) IN GENERAL.—Part 5 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (as
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amended by sections 503A and 503B) is amended further
by inserting after section 503B (29 U.S.C. 1133B) the
following:
‘‘SEC. 503C. INDEPENDENT EXTERNAL APPEALS PROCE-
DURES.
‘‘(a) RIGHT TO EXTERNAL APPEAL.—A group health
plan, and a health insurance issuer offering health insur-
ance coverage in connection with the group health plan,
shall provide in accordance with this section participants
and beneficiaries (or authorized representatives) with ac-
cess to an independent external review for any denial of
a claim for benefits.
‘‘(b) INITIATION OF THE INDEPENDENT EXTERNAL
REVIEW PROCESS.—
‘‘(1) TIME TO FILE.—A request for an inde-
pendent external review under this section shall be
filed with the plan or issuer not later than 180 days
after the date on which the participant or bene-
ficiary receives notice of the denial under section
503B(d) or notice of waiver of internal review under
section 503B(a)(4) or the date on which the plan or
issuer has failed to make a timely decision under
section 503B(d)(2) and notifies the participant or
beneficiary that it has failed to make a timely deci-
sion and that the beneficiary must file an appeal
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with an external review entity within 180 days if the
participant or beneficiary desires to file such an ap-
peal.
‘‘(2) FILING OF REQUEST.—
‘‘(A) IN
GENERAL.—Subject to the suc-
ceeding provisions of this subsection, a group
health plan, or health insurance issuer offering
health insurance coverage in connection with
the group health plan, may—
‘‘(i) except as provided in subpara-
graph (B)(i), require that a request for re-
view be in writing;
‘‘(ii) limit the filing of such a request
to the participant or beneficiary involved
(or an authorized representative);
‘‘(iii) except if waived by the plan or
issuer under section 503B(a)(4), condition
access to an independent external review
under this section upon a final determina-
tion of a denial of a claim for benefits
under the internal review procedure under
section 503B;
‘‘(iv) except as provided in subpara-
graph (B)(ii), require payment of a filing
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fee to the plan or issuer of a sum that does
not exceed $25; and
‘‘(v) require that a request for review
include the consent of the participant or
beneficiary (or authorized representative)
for the release of necessary medical infor-
mation or records of the participant or
beneficiary to the qualified external review
entity only for purposes of conducting ex-
ternal review activities.
‘‘(B) REQUIREMENTS AND EXCEPTION RE-
LATING TO GENERAL RULE.—
‘‘(i) ORAL REQUESTS PERMITTED IN
EXPEDITED OR CONCURRENT CASES.—In
the case of an expedited or concurrent ex-
ternal review as provided for under sub-
section (e), the request for such review
may be made orally. A group health plan,
or health insurance issuer offering health
insurance coverage in connection with the
group health plan, may require that the
participant or beneficiary (or authorized
representative) provide written confirma-
tion of such request in a timely manner on
a form provided by the plan or issuer.
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Such written confirmation shall be treated
as a consent for purposes of subparagraph
(A)(v). In the case of such an oral request
for such a review, the making of the re-
quest (and the timing of such request)
shall be treated as the making at that time
of a request for such a review without re-
gard to whether and when a written con-
firmation of such request is made.
‘‘(ii) EXCEPTION TO FILING FEE RE-
QUIREMENT.—
‘‘(I) INDIGENCY.—Payment of a
filing fee shall not be required under
subparagraph (A)(iv) where there is a
certification (in a form and manner
specified in guidelines established by
the appropriate Secretary) that the
participant or beneficiary is indigent
(as defined in such guidelines).
‘‘(II) FEE NOT REQUIRED.—Pay-
ment of a filing fee shall not be re-
quired under subparagraph (A)(iv) if
the plan or issuer waives the internal
appeals 
process 
under 
section
503B(a)(4).
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‘‘(III) REFUNDING
OF
FEE.—
The filing fee paid under subpara-
graph (A)(iv) shall be refunded if the
determination under the independent
external review is to reverse the denial
which is the subject of the review.
‘‘(IV) COLLECTION
OF
FILING
FEE.—The failure to pay such a filing
fee shall not prevent the consideration
of a request for review but, subject to
the preceding provisions of this clause,
shall constitute a legal liability to pay.
‘‘(c) REFERRAL TO QUALIFIED EXTERNAL REVIEW
ENTITY UPON REQUEST.—
‘‘(1) IN GENERAL.—Upon the filing of a re-
quest for independent external review with the group
health plan, or health insurance issuer offering
health insurance coverage in connection with the
group health plan, the plan or issuer shall imme-
diately refer such request, and forward the plan or
issuer’s initial decision (including the information
described in section 503B(d)(3)(A)), to a qualified
external review entity selected in accordance with
this section.
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‘‘(2) ACCESS TO PLAN OR ISSUER AND HEALTH
PROFESSIONAL INFORMATION.—With respect to an
independent external review conducted under this
section, the participant or beneficiary (or authorized
representative), the plan or issuer, and the treating
health care professional (if any) shall provide the ex-
ternal review entity with information that is nec-
essary to conduct a review under this section, as de-
termined and requested by the entity. Such informa-
tion shall be provided not later than 5 days after the
date on which the request for information is re-
ceived, or, in a case described in clause (ii) or (iii)
of subsection (e)(1)(A), by such earlier time as may
be necessary to comply with the applicable timeline
under such clause.
‘‘(3) SCREENING OF REQUESTS BY QUALIFIED
EXTERNAL REVIEW ENTITIES.—
‘‘(A) IN GENERAL.—With respect to a re-
quest referred to a qualified external review en-
tity under paragraph (1) relating to a denial of
a claim for benefits, the entity shall refer such
request for the conduct of an independent med-
ical review unless the entity determines that—
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‘‘(i) any of the conditions described in
clauses (ii) or (iii) of subsection (b)(2)(A)
have not been met;
‘‘(ii) the denial of the claim for bene-
fits does not involve a medically reviewable
decision under subsection (d)(2);
‘‘(iii) the denial of the claim for bene-
fits relates to a decision regarding whether
an individual is a participant or beneficiary
who is enrolled under the terms and condi-
tions of the plan or coverage (including the
applicability of any waiting period under
the plan or coverage); or
‘‘(iv) the denial of the claim for bene-
fits is a decision as to the application of
cost-sharing requirements or the applica-
tion of a specific exclusion or express limi-
tation on the amount, duration, or scope of
coverage of items or services under the
terms and conditions of the plan or cov-
erage unless the decision is a denial de-
scribed in subsection (d)(2).
Upon making a determination that any of
clauses (i) through (iv) applies with respect to
the request, the entity shall determine that the
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denial of a claim for benefits involved is not eli-
gible for independent medical review under sub-
section (d), and shall provide notice in accord-
ance with subparagraph (C).
‘‘(B) PROCESS FOR MAKING DETERMINA-
TIONS.—
‘‘(i) NO
DEFERENCE
TO
PRIOR
DE-
TERMINATIONS.—In 
making 
determina-
tions under subparagraph (A), there shall
be no deference given to determinations
made by the plan or issuer or the rec-
ommendation of a treating health care pro-
fessional (if any).
‘‘(ii) USE
OF
APPROPRIATE
PER-
SONNEL.—A qualified external review enti-
ty shall use appropriately qualified per-
sonnel to make determinations under this
section.
‘‘(C) NOTICES AND GENERAL TIMELINES
FOR DETERMINATION.—
‘‘(i) NOTICE IN CASE OF DENIAL OF
REFERRAL.—If the entity under this para-
graph does not make a referral to an inde-
pendent medical review panel, the entity
shall provide notice to the plan or issuer,
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the participant or beneficiary (or author-
ized representative) filing the request, and
the treating health care professional (if
any) that the denial is not subject to inde-
pendent medical review. Such notice—
‘‘(I) shall be written (and, in ad-
dition, may be provided orally) in a
manner calculated to be understood
by a participant;
‘‘(II) shall include the reasons for
the determination;
‘‘(III) include any relevant terms
and conditions of the plan or cov-
erage; and
‘‘(IV) include a description of
any further recourse available to the
individual.
‘‘(ii) GENERAL TIMELINE FOR DETER-
MINATIONS.—Upon receipt of information
under paragraph (2), the qualified external
review entity, and if required the inde-
pendent medical review panel, shall make a
determination within the overall timeline
that is applicable to the case under review
as described in subsection (e), except that
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if the entity determines that a referral to
an independent medical review panel is not
required, the entity shall provide notice of
such determination to the participant or
beneficiary (or authorized representative)
within such timeline and within 2 days of
the date of such determination.
‘‘(d) INDEPENDENT MEDICAL REVIEW.—
‘‘(1) IN GENERAL.—If a qualified external re-
view entity determines under subsection (c) that a
denial of a claim for benefits is eligible for inde-
pendent medical review, the entity shall refer the de-
nial involved to an independent medical review panel
composed of 3 independent medical reviewers for the
conduct of an independent medical review under this
subsection.
‘‘(2) MEDICALLY REVIEWABLE DECISIONS.—A
denial of a claim for benefits is eligible for inde-
pendent medical review if the benefit for the item or
service for which the claim is made would be a cov-
ered benefit under the terms and conditions of the
plan or coverage but for one (or more) of the fol-
lowing determinations:
‘‘(A) DENIALS BASED ON MEDICAL NECES-
SITY AND APPROPRIATENESS.—A determination
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that the item or service is not covered because
it is not medically necessary and appropriate or
based on the application of substantially equiva-
lent terms.
‘‘(B) DENIALS BASED ON EXPERIMENTAL
OR
INVESTIGATIONAL
TREATMENT.—A deter-
mination that the item or service is not covered
because it is experimental or investigational or
based on the application of substantially equiva-
lent terms.
‘‘(C) DENIALS OTHERWISE BASED ON AN
EVALUATION
OF
MEDICAL
FACTS.—A deter-
mination that the item or service or condition
is not covered based on grounds that require an
evaluation of the medical facts by a health care
professional in the specific case involved to de-
termine the coverage and extent of coverage of
the item or service or condition.
‘‘(3) INDEPENDENT MEDICAL REVIEW DETER-
MINATION.—
‘‘(A) IN GENERAL.—An independent med-
ical review panel under this section shall make
a new independent determination with respect
to whether or not the denial of a claim for a
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benefit that is the subject of the review should
be upheld or reversed.
‘‘(B) STANDARD FOR DETERMINATION.—
The independent medical review panel’s deter-
mination relating to the medical necessity and
appropriateness, or the experimental or inves-
tigational nature, or the evaluation of the med-
ical facts, of the item, service, or condition in-
volved shall be based on the medical condition
of the participant or beneficiary (including the
medical records of the participant or bene-
ficiary) and valid, relevant scientific evidence
and clinical evidence, including peer-reviewed
medical literature or findings and including ex-
pert opinion.
‘‘(C) NO COVERAGE FOR EXCLUDED BENE-
FITS.—Nothing in this subsection shall be con-
strued to permit an independent medical review
panel to require that a group health plan, or
health insurance issuer offering health insur-
ance coverage in connection with the group
health plan, provide coverage for items or serv-
ices for which benefits are specifically excluded
or expressly limited under the plan or coverage
in the plain language of the plan document
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(and 
which 
are 
disclosed 
under 
section
121(b)(1)(C) of the Bipartisan Patient Protec-
tion Act). Notwithstanding any other provision
of this Act, any exclusion of an exact medical
procedure, any exact time limit on the duration
or frequency of coverage, and any exact dollar
limit on the amount of coverage that is specifi-
cally enumerated and defined (in the plain lan-
guage of the plan or coverage documents) under
the plan or coverage offered by a group health
plan or health insurance issuer offering health
insurance coverage in connection with the group
health plan and that is disclosed under section
121(b)(1) of the Bipartisan Patient Protection
Act) shall be considered to govern the scope of
the benefits that may be required: Provided,
That the terms and conditions of the plan or
coverage relating to such an exclusion or limit
are in compliance with the requirements of law.
‘‘(D) EVIDENCE AND INFORMATION TO BE
USED IN MEDICAL REVIEWS.—In making a de-
termination under this subsection, the inde-
pendent medical review panel shall also consider
appropriate and available evidence and informa-
tion, including the following:
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‘‘(i) The determination made by the
plan or issuer with respect to the claim
upon internal review and the evidence,
guidelines, or rationale used by the plan or
issuer in reaching such determination.
‘‘(ii) The recommendation of the
treating health care professional and the
evidence, guidelines, and rationale used by
the treating health care professional in
reaching such recommendation.
‘‘(iii) Additional relevant evidence or
information obtained by the review panel
or submitted by the plan, issuer, partici-
pant, or beneficiary (or an authorized rep-
resentative), or treating health care profes-
sional.
‘‘(iv) The plan or coverage document.
‘‘(E) INDEPENDENT DETERMINATION.—In
making determinations under this section, a
qualified external review entity and an inde-
pendent medical review panel shall—
‘‘(i) consider the claim under review
without deference to the determinations
made by the plan or issuer or the rec-
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ommendation of the treating health care
professional (if any); and
‘‘(ii) consider, but not be bound by,
the definition used by the plan or issuer of
‘medically necessary and appropriate’, or
‘experimental or investigational’, or other
substantially equivalent terms that are
used by the plan or issuer to describe med-
ical necessity and appropriateness or ex-
perimental or investigational nature of the
treatment.
‘‘(F) DETERMINATION
OF
INDEPENDENT
MEDICAL
REVIEW
PANEL.—An independent
medical review panel shall, in accordance with
the deadlines described in subsection (e), pre-
pare a written determination to uphold or re-
verse the denial under review. Such written de-
termination shall include—
‘‘(i) the determination of the review
panel;
‘‘(ii) the specific reasons of the review
panel for such determination, including a
summary of the clinical or scientific evi-
dence used in making the determination;
and
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‘‘(iii) with respect to a determination
to reverse the denial under review, a time-
frame within which the plan or issuer must
comply with such determination.
‘‘(G) NONBINDING
NATURE
OF
ADDI-
TIONAL
RECOMMENDATIONS.—In addition to
the determination under subparagraph (F), the
review panel may provide the plan or issuer and
the treating health care professional with addi-
tional recommendations in connection with such
a determination, but any such recommendations
shall not affect (or be treated as part of) the
determination and shall not be binding on the
plan or issuer.
‘‘(e) TIMELINES AND NOTIFICATIONS.—
‘‘(1) TIMELINES FOR INDEPENDENT MEDICAL
REVIEW.—
‘‘(A) PRIOR AUTHORIZATION DETERMINA-
TION.—
‘‘(i) IN GENERAL.—The independent
medical review panel shall make a deter-
mination on a denial of a claim for benefits
that is referred to the review panel under
subsection (c)(3) in accordance with the
medical exigencies of the case and as soon
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as possible, but in no case later than 14
days after the date of receipt of informa-
tion under subsection (c)(2) if the review
involves a prior authorization of items or
services and in no case later than 21 days
after the date the request for external re-
view is received.
‘‘(ii) EXPEDITED DETERMINATION.—
Notwithstanding clause (i) and subject to
clause (iii), the independent medical review
panel shall make an expedited determina-
tion on a denial of a claim for benefits de-
scribed in clause (i), when a request for
such an expedited determination is made
by a participant or beneficiary (or author-
ized representative) at any time during the
process for making a determination, and a
health care professional certifies, with the
request, that a determination under the
timeline described in clause (i) would seri-
ously jeopardize the life or health of the
participant or beneficiary or the ability of
the participant or beneficiary to maintain
or regain maximum function. Such deter-
mination shall be made in accordance with
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the medical exigencies of the case and as
soon as possible, but in no case later than
72 hours after the time the request for ex-
ternal review is received by the qualified
external review entity.
‘‘(iii) ONGOING
CARE
DETERMINA-
TION.—Notwithstanding clause (i), in the
case of a review described in such clause
that involves a termination or reduction of
care, the notice of the determination shall
be completed not later than 24 hours after
the time the request for external review is
received by the qualified external review
entity and before the end of the approved
period of care.
‘‘(B) RETROSPECTIVE DETERMINATION.—
The independent medical review panel shall
complete a review in the case of a retrospective
determination on an appeal of a denial of a
claim for benefits that is referred to the review
panel under subsection (c)(3) in no case later
than 30 days after the date of receipt of infor-
mation under subsection (c)(2) and in no case
later than 60 days after the date the request
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for external review is received by the qualified
external review entity.
‘‘(2) NOTIFICATION OF DETERMINATION.—The
external review entity shall ensure that the plan or
issuer, the participant, or beneficiary (or authorized
representative) and the treating health care profes-
sional (if any) receives a copy of the written deter-
mination of the independent medical review panel
prepared under subsection (d)(3)(F). Nothing in this
paragraph shall be construed as preventing an entity
or review panel from providing an initial oral notice
of the review panel’s determination.
‘‘(3) FORM OF NOTICES.—Determinations and
notices under this subsection shall be written in a
manner calculated to be understood by a participant.
‘‘(f) COMPLIANCE.—
‘‘(1) APPLICATION OF DETERMINATIONS.—
‘‘(A) EXTERNAL REVIEW DETERMINATIONS
BINDING ON PLAN.—The determinations of an
external review entity and an independent med-
ical review panel under this section shall be
binding upon the plan or issuer involved.
‘‘(B) 
COMPLIANCE
WITH
DETERMINA-
TION.—If the determination of an independent
medical review panel is to reverse the denial,
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the plan or issuer, upon the receipt of such de-
termination, shall authorize coverage to comply
with the medical review panel’s determination
in accordance with the timeframe established by
the medical review panel.
‘‘(2) FAILURE TO COMPLY.—
‘‘(A) IN
GENERAL.—If a plan or issuer
fails to comply with the timeframe established
under paragraph (1)(B) with respect to a par-
ticipant or beneficiary, where such failure to
comply is caused by the plan or issuer, the par-
ticipant, or beneficiary may obtain the items or
services involved (in a manner consistent with
the determination of the independent medical
review panel) from any provider regardless of
whether such provider is a participating pro-
vider under the plan or coverage.
‘‘(B) REIMBURSEMENT.—
‘‘(i) IN GENERAL.—Where a partici-
pant or beneficiary obtains items or serv-
ices in accordance with subparagraph (A),
the plan or issuer involved shall provide for
reimbursement of the costs of such items
or services. Such reimbursement shall be
made to the treating health care profes-
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sional or to the participant or beneficiary
(in the case of a participant or beneficiary
who pays for the costs of such items or
services).
‘‘(ii) AMOUNT.—The plan or issuer
shall fully reimburse a professional, partici-
pant or beneficiary under clause (i) for the
total costs of the items or services provided
(regardless of any plan limitations that
may apply to the coverage of such items or
services) so long as the items or services
were provided in a manner consistent with
the determination of the independent med-
ical review panel.
‘‘(C) FAILURE TO REIMBURSE.—Where a
plan or issuer fails to provide reimbursement to
a professional, participant, or beneficiary in ac-
cordance with this paragraph, the professional,
participant, or beneficiary may commence a
civil action (or utilize other remedies available
under law) to recover only the amount of any
such reimbursement that is owed by the plan or
issuer and any necessary legal costs or expenses
(including attorney’s fees) incurred in recov-
ering such reimbursement.
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‘‘(D) AVAILABLE
REMEDIES.—The rem-
edies provided under this paragraph are in ad-
dition to any other available remedies.
‘‘(3) PENALTIES AGAINST AUTHORIZED OFFI-
CIALS FOR REFUSING TO AUTHORIZE THE DETER-
MINATION OF AN EXTERNAL REVIEW ENTITY.—
‘‘(A) MONETARY PENALTIES.—
‘‘(i) IN
GENERAL.—In any case in
which the determination of an external re-
view entity is not followed by a group
health plan, or by a health insurance issuer
offering health insurance coverage in con-
nection with the group health plan, any
person who, acting in the capacity of au-
thorizing the benefit, causes such refusal
may, in the discretion of a court of com-
petent jurisdiction, be liable to an ag-
grieved participant or beneficiary for a civil
penalty in an amount of up to $1,000 a
day from the date on which the determina-
tion was transmitted to the plan or issuer
by the external review entity until the date
the refusal to provide the benefit is cor-
rected.
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‘‘(ii) ADDITIONAL PENALTY FOR FAIL-
ING TO FOLLOW TIMELINE.—In any case
in which treatment was not commenced by
the plan in accordance with the determina-
tion of an independent medical review
panel, the Secretary shall assess a civil
penalty of $10,000 against the plan and
the plan shall pay such penalty to the par-
ticipant or beneficiary involved.
‘‘(B) CEASE
AND
DESIST
ORDER
AND
ORDER OF ATTORNEY’S FEES.—In any action
described in subparagraph (A) brought by a
participant or beneficiary with respect to a
group health plan, or a health insurance issuer
offering health insurance coverage in connection
with the group health plan, in which a plaintiff
alleges that a person referred to in such sub-
paragraph has taken an action resulting in a
refusal of a benefit determined by an external
review entity to be covered, or has failed to take
an action for which such person is responsible
under the terms and conditions of the plan or
coverage and which is necessary under the plan
or coverage for authorizing a benefit, the court
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shall cause to be served on the defendant an
order requiring the defendant—
‘‘(i) to cease and desist from the al-
leged action or failure to act; and
‘‘(ii) to pay to the plaintiff a reason-
able attorney’s fee and other reasonable
costs relating to the prosecution of the ac-
tion on the charges on which the plaintiff
prevails.
‘‘(C) ADDITIONAL CIVIL PENALTIES.—
‘‘(i) IN GENERAL.—In addition to any
penalty imposed under subparagraph (A)
or (B), the appropriate Secretary may as-
sess a civil penalty against a person acting
in the capacity of authorizing a benefit de-
termined by an external review entity for
one or more group health plans, or health
insurance issuers offering health insurance
coverage in connection with the group
health plan, for—
‘‘(I) any pattern or practice of
repeated refusal to authorize a benefit
determined by an external review enti-
ty to be covered; or
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‘‘(II) any pattern or practice of
repeated violations of the require-
ments of this section with respect to
such plan or coverage.
‘‘(ii) STANDARD
OF
PROOF
AND
AMOUNT OF PENALTY.—Such penalty shall
be payable only upon proof by clear and
convincing evidence of such pattern or
practice and shall be in an amount not to
exceed the lesser of—
‘‘(I) 25 percent of the aggregate
value of benefits shown by the appro-
priate Secretary to have not been pro-
vided, or unlawfully delayed, in viola-
tion of this section under such pattern
or practice; or
‘‘(II) $500,000.
‘‘(D) REMOVAL AND DISQUALIFICATION.—
Any person acting in the capacity of author-
izing benefits who has engaged in any such pat-
tern or practice described in subparagraph
(C)(i) with respect to a plan or coverage, upon
the petition of the appropriate Secretary, may
be removed by the court from such position,
and from any other involvement, with respect to
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such a plan or coverage, and may be precluded
from returning to any such position or involve-
ment for a period determined by the court.
‘‘(4) PROTECTION OF LEGAL RIGHTS.—Nothing
in this section or section 503A or 503B shall be con-
strued as altering or eliminating any cause of action
or legal rights or remedies of participants or bene-
ficiaries, and others under State or Federal law (in-
cluding sections 502 and 503 of the Employee Re-
tirement Income Security Act of 1974), including
the right to file judicial actions to enforce rights.
‘‘(g) QUALIFICATIONS OF INDEPENDENT MEDICAL
REVIEWERS.—
‘‘(1) IN GENERAL.—In referring a denial to an
independent medical review panel to conduct inde-
pendent medical review under subsection (c), the
qualified external review entity shall ensure that—
‘‘(A) each independent medical reviewer
meets the qualifications described in paragraphs
(2) and (3);
‘‘(B) with respect to each review, the re-
view panel meets the requirements of paragraph
(4) and at least 1 reviewer on the panel meets
the requirements described in paragraph (5);
and
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‘‘(C) compensation provided by the entity
to each reviewer is consistent with paragraph
(6).
‘‘(2) LICENSURE AND EXPERTISE.—Each inde-
pendent medical reviewer shall be a physician
(allopathic or osteopathic) or health care profes-
sional who—
‘‘(A) is appropriately credentialed or li-
censed in 1 or more States to deliver health
care services; and
‘‘(B) typically treats the condition, makes
the diagnosis, or provides the type of treatment
under review.
‘‘(3) INDEPENDENCE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), each independent medical reviewer
in a case shall—
‘‘(i) not be a related party (as defined
in paragraph (7));
‘‘(ii) not have a material familial, fi-
nancial, or professional relationship with
such a party; and
‘‘(iii) not otherwise have a conflict of
interest with such a party (as determined
under regulations).
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‘‘(B) EXCEPTION.—Nothing in subpara-
graph (A) shall be construed to—
‘‘(i) prohibit an individual, solely on
the basis of affiliation with the plan or
issuer, from serving as an independent
medical reviewer if—
‘‘(I) a non-affiliated individual is
not reasonably available;
‘‘(II) the affiliated individual is
not involved in the provision of items
or services in the case under review;
‘‘(III) the fact of such an affili-
ation is disclosed to the plan or issuer
and the participant or beneficiary (or
authorized representative) and neither
party objects; and
‘‘(IV) the affiliated individual is
not an employee of the plan or issuer
and does not provide services exclu-
sively or primarily to or on behalf of
the plan or issuer;
‘‘(ii) prohibit an individual who has
staff privileges at the institution where the
treatment involved takes place from serv-
ing as an independent medical reviewer
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merely on the basis of such affiliation if
the affiliation is disclosed to the plan or
issuer and the participant or beneficiary
(or authorized representative), and neither
party objects; or
‘‘(iii) prohibit receipt of compensation
by an independent medical reviewer from
an entity if the compensation is provided
consistent with paragraph (6).
‘‘(4) PRACTICING HEALTH CARE PROFESSIONAL
IN SAME FIELD.—
‘‘(A) IN
GENERAL.—In a case involving
treatment, or the provision of items or
services—
‘‘(i) by a physician, each reviewer
shall be a practicing physician (allopathic
or osteopathic) of the same or similar spe-
cialty, as a physician who, acting within
the appropriate scope of practice within
the State in which the service is provided
or rendered, typically treats the condition,
makes the diagnosis, or provides the type
of treatment under review; or
‘‘(ii) by a non-physician health care
professional, the independent medical re-
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view panel shall include at least one prac-
ticing non-physician health care profes-
sional of the same or similar specialty as
the non-physician health care professional
who, acting within the appropriate scope of
practice within the State in which the serv-
ice is provided or rendered, typically treats
the condition, makes the diagnosis, or pro-
vides the type of treatment under review.
‘‘(B) PRACTICING
DEFINED.—For pur-
poses of this paragraph, the term ‘practicing’
means, with respect to an individual who is a
physician or other health care professional that
the individual provides health care services to
individual patients on average at least 2 days
per week.
‘‘(5) PEDIATRIC EXPERTISE.—In the case of an
external review relating to a child, a reviewer shall
have expertise under paragraph (2) in pediatrics.
‘‘(6) LIMITATIONS
ON
REVIEWER
COMPENSA-
TION.—Compensation provided by a qualified exter-
nal review entity to an independent medical reviewer
in connection with a review under this section
shall—
‘‘(A) not exceed a reasonable level; and
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‘‘(B) not be contingent on the decision ren-
dered by the reviewer.
‘‘(7) RELATED PARTY DEFINED.—For purposes
of this section, the term ‘related party’ means, with
respect to a denial of a claim under a plan or cov-
erage relating to a participant or beneficiary, any of
the following:
‘‘(A) The plan, plan sponsor, or issuer in-
volved, or any fiduciary, officer, director, or em-
ployee of such plan, plan sponsor, or issuer.
‘‘(B) The participant or beneficiary (or au-
thorized representative).
‘‘(C) The health care professional that pro-
vides the items or services involved in the de-
nial.
‘‘(D) The institution at which the items or
services (or treatment) involved in the denial
are provided.
‘‘(E) The manufacturer of any drug or
other item that is included in the items or serv-
ices involved in the denial.
‘‘(F) Any other party determined under
any regulations to have a substantial interest in
the denial involved.
‘‘(h) QUALIFIED EXTERNAL REVIEW ENTITIES.—
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‘‘(1) SELECTION OF QUALIFIED EXTERNAL RE-
VIEW ENTITIES.—
‘‘(A) LIMITATION ON PLAN OR ISSUER SE-
LECTION.—The appropriate Secretary shall im-
plement procedures—
‘‘(i) to assure that the selection proc-
ess among qualified external review entities
will not create any incentives for external
review entities to make a decision in a bi-
ased manner; and
‘‘(ii) for auditing a sample of deci-
sions by such entities to assure that no
such decisions are made in a biased man-
ner.
No such selection process under the procedures
implemented by the appropriate Secretary may
give either the patient or the plan or issuer any
ability to determine or influence the selection of
a qualified external review entity to review the
case of any participant or beneficiary.
‘‘(B) STATE
AUTHORITY
WITH
RESPECT
TO
QUALIFIED
EXTERNAL
REVIEW
ENTITIES
FOR HEALTH INSURANCE ISSUERS.—With re-
spect to health insurance issuers offering health
insurance coverage in connection with the group
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health plan in a State, the State may provide
for external review activities to be conducted by
a qualified external review entity that is des-
ignated by the State or that is selected by the
State in a manner determined by the State to
assure an unbiased determination.
‘‘(2) CONTRACT
WITH
QUALIFIED
EXTERNAL
REVIEW ENTITY.—Except as provided in paragraph
(1)(B), the external review process of a plan or
issuer under this section shall be conducted under a
contract between the plan or issuer and 1 or more
qualified external review entities (as defined in para-
graph (4)(A)).
‘‘(3) TERMS AND CONDITIONS OF CONTRACT.—
The terms and conditions of a contract under para-
graph (2) shall—
‘‘(A) be consistent with the standards the
appropriate Secretary shall establish to assure
there is no real or apparent conflict of interest
in the conduct of external review activities; and
‘‘(B) provide that the costs of the external
review process shall be borne by the plan or
issuer.
Subparagraph (B) shall not be construed as apply-
ing to the imposition of a filing fee under subsection
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(b)(2)(A)(iv) or costs incurred by the participant or
beneficiary (or authorized representative) or treating
health care professional (if any) in support of the re-
view, including the provision of additional evidence
or information.
‘‘(4) QUALIFICATIONS.—
‘‘(A) IN
GENERAL.—In this section, the
term ‘qualified external review entity’ means, in
relation to a plan or issuer, an entity that is
initially certified (and periodically recertified)
under subparagraph (C) as meeting the fol-
lowing requirements:
‘‘(i) The entity has (directly or
through contracts or other arrangements)
sufficient medical, legal, and other exper-
tise and sufficient staffing to carry out du-
ties of a qualified external review entity
under this section on a timely basis, in-
cluding making determinations under sub-
section (b)(2)(A) and providing for inde-
pendent medical reviews under subsection
(d).
‘‘(ii) The entity is not a plan or issuer
or an affiliate or a subsidiary of a plan or
issuer, and is not an affiliate or subsidiary
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of a professional or trade association of
plans or issuers or of health care providers.
‘‘(iii) The entity has provided assur-
ances that it will conduct external review
activities consistent with the applicable re-
quirements of this section and standards
specified in subparagraph (C), including
that it will not conduct any external review
activities in a case unless the independence
requirements of subparagraph (B) are met
with respect to the case.
‘‘(iv) The entity has provided assur-
ances that it will provide information in a
timely manner under subparagraph (D).
‘‘(v) The entity meets such other re-
quirements as the appropriate Secretary
provides by regulation.
‘‘(B) INDEPENDENCE REQUIREMENTS.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), an entity meets the independence re-
quirements of this subparagraph with re-
spect to any case if the entity—
‘‘(I) is not a related party (as de-
fined in subsection (g)(7));
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‘‘(II) does not have a material fa-
milial, financial, or professional rela-
tionship with such a party; and
‘‘(III) does not otherwise have a
conflict of interest with such a party
(as determined under regulations).
‘‘(ii) EXCEPTION
FOR
REASONABLE
COMPENSATION.—Nothing in clause (i)
shall be construed to prohibit receipt by a
qualified external review entity of com-
pensation from a plan or issuer for the
conduct of external review activities under
this section if the compensation is provided
consistent with clause (iii).
‘‘(iii) LIMITATIONS ON ENTITY COM-
PENSATION.—Compensation provided by a
plan or issuer to a qualified external review
entity in connection with reviews under
this section shall—
‘‘(I) not exceed a reasonable
level; and
‘‘(II) not be contingent on any
decision rendered by the entity or by
any independent medical review panel.
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‘‘(C) 
CERTIFICATION
AND
RECERTIFI-
CATION PROCESS.—
‘‘(i) IN GENERAL.—The initial certifi-
cation and recertification of a qualified ex-
ternal review entity shall be made—
‘‘(I) under a process that is rec-
ognized or approved by the appro-
priate Secretary; or
‘‘(II) by a qualified private
standard-setting organization that is
approved by the appropriate Secretary
under clause (iii).
In taking action under subclause (I), the
appropriate Secretary shall give deference
to entities that are under contract with the
Federal Government or with an applicable
State authority to perform functions of the
type performed by qualified external review
entities.
‘‘(ii) PROCESS.—The appropriate Sec-
retary shall not recognize or approve a
process under clause (i)(I) unless the proc-
ess applies standards (as promulgated in
regulations) that ensure that a qualified
external review entity—
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‘‘(I) will carry out (and has car-
ried out, in the case of recertification)
the responsibilities of such an entity
in accordance with this section, in-
cluding meeting applicable deadlines;
‘‘(II) will meet (and has met, in
the case of recertification) appropriate
indicators of fiscal integrity;
‘‘(III) will maintain (and has
maintained, in the case of recertifi-
cation) 
appropriate 
confidentiality
with respect to individually identifi-
able health information obtained in
the course of conducting external re-
view activities; and
‘‘(IV) in the case of recertifi-
cation, shall review the matters de-
scribed in clause (iv).
‘‘(iii) APPROVAL OF QUALIFIED PRI-
VATE
STANDARD-SETTING
ORGANIZA-
TIONS.—For purposes of clause (i)(II), the
appropriate Secretary may approve a quali-
fied private standard-setting organization
if such Secretary finds that the organiza-
tion only certifies (or recertifies) external
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review entities that meet at least the
standards required for the certification (or
recertification) of external review entities
under clause (ii).
‘‘(iv) CONSIDERATIONS IN RECERTIFI-
CATIONS.—In conducting recertifications of
a qualified external review entity under
this paragraph, the appropriate Secretary
or organization conducting the recertifi-
cation shall review compliance of the entity
with the requirements for conducting ex-
ternal review activities under this section,
including the following:
‘‘(I) Provision of information
under subparagraph (D).
‘‘(II) Adherence to applicable
deadlines (both by the entity and by
independent medical review panels it
refers cases to).
‘‘(III) Compliance with limita-
tions on compensation (with respect to
both the entity and independent med-
ical review panels it refers cases to).
‘‘(IV) Compliance with applicable
independence requirements.
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‘‘(V) Compliance with the re-
quirement of subsection (d)(1) that
only medically reviewable decisions
shall be the subject of independent
medical review and with the require-
ment of subsection (d)(3) that inde-
pendent medical review panels may
not require coverage for specifically
excluded benefits.
‘‘(v) PERIOD
OF
CERTIFICATION
OR
RECERTIFICATION.—A certification or re-
certification provided under this paragraph
shall extend for a period not to exceed 2
years.
‘‘(vi) REVOCATION.—A certification or
recertification under this paragraph may
be revoked by the appropriate Secretary or
by the organization providing such certifi-
cation upon a showing of cause. The Sec-
retary, or organization, shall revoke a cer-
tification or deny a recertification with re-
spect to an entity if there is a showing that
the entity has a pattern or practice of or-
dering coverage for benefits that are spe-
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cifically excluded under the plan or cov-
erage.
‘‘(vii) PETITION
FOR
DENIAL
OR
WITHDRAWAL.—An individual may petition
the Secretary, or an organization providing
the certification involves, for a denial of re-
certification or a withdrawal of a certifi-
cation with respect to an entity under this
subparagraph if there is a pattern or prac-
tice of such entity failing to meet a re-
quirement of this section.
‘‘(viii) SUFFICIENT NUMBER OF ENTI-
TIES.—The appropriate Secretary shall
certify and recertify a number of external
review entities which is sufficient to ensure
the timely and efficient provision of review
services.
‘‘(D) PROVISION OF INFORMATION.—
‘‘(i) IN GENERAL.—A qualified exter-
nal review entity shall provide to the ap-
propriate Secretary, in such manner and at
such times as such Secretary may require,
such information (relating to the denials
which have been referred to the entity for
the conduct of external review under this
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section) as such Secretary determines ap-
propriate to assure compliance with the
independence and other requirements of
this section to monitor and assess the qual-
ity of its external review activities and lack
of bias in making determinations. Such in-
formation shall include information de-
scribed in clause (ii) but shall not include
individually identifiable medical informa-
tion.
‘‘(ii) 
INFORMATION
TO
BE
IN-
CLUDED.—The information described in
this subclause with respect to an entity is
as follows:
‘‘(I) The number and types of de-
nials for which a request for review
has been received by the entity.
‘‘(II) The disposition by the enti-
ty of such denials, including the num-
ber referred to a independent medical
review panel and the reasons for such
dispositions (including the application
of exclusions), on a plan or issuer-spe-
cific basis and on a health care spe-
cialty-specific basis.
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‘‘(III) The length of time in mak-
ing determinations with respect to
such denials.
‘‘(IV) Updated information on
the information required to be sub-
mitted as a condition of certification
with respect to the entity’s perform-
ance of external review activities.
‘‘(iii) INFORMATION TO BE PROVIDED
TO CERTIFYING ORGANIZATION.—
‘‘(I) IN GENERAL.—In the case
of a qualified external review entity
which is certified (or recertified)
under 
this 
subsection 
by 
a
qualifiedprivate standard-setting orga-
nization, at the request of the organi-
zation, the entity shall provide the or-
ganization with the information pro-
vided to the appropriate Secretary
under clause (i).
‘‘(II) 
ADDITIONAL
INFORMA-
TION.—Nothing in this subparagraph
shall be construed as preventing such
an organization from requiring addi-
tional information as a condition of
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certification or recertification of an
entity.
‘‘(iv) USE OF INFORMATION.—Infor-
mation provided under this subparagraph
may be used by the appropriate Secretary
and qualified private standard-setting or-
ganizations to conduct oversight of quali-
fied external review entities, including re-
certification of such entities, and shall be
made available to the public in an appro-
priate manner.
‘‘(E) 
LIMITATION
ON
LIABILITY.—No
qualified external review entity having a con-
tract with a plan or issuer, and no person who
is employed by any such entity or who furnishes
professional services to such entity (including as
an independent medical review panel), shall be
held by reason of the performance of any duty,
function, or activity required or authorized pur-
suant to this section, to be civilly liable under
any law of the United States or of any State
(or political subdivision thereof) if there was no
actual malice or gross misconduct in the per-
formance of such duty, function, or activity.
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‘‘(5) REPORT.—Not later than 12 months after
the general effective date referred to in section 601
of the Bipartisan Patient Protection Act, the Gen-
eral Accounting Office shall prepare and submit to
the appropriate committees of Congress a report
concerning—
‘‘(A) the information that is provided
under paragraph (3)(D);
‘‘(B) the number of denials that have been
upheld by independent medical review panels
and the number of denials that have been re-
versed by such panels; and
‘‘(C) the extent to which independent med-
ical review panels are requiring coverage for
benefits that are specifically excluded under the
plans or coverage.’’.
SEC. 105. HEALTH CARE CONSUMER ASSISTANCE FUND.
(a) GRANTS.—
(1) IN GENERAL.—The Secretary of Health and
Human Services (referred to in this section as the
‘‘Secretary’’) shall establish a fund, to be known as
the ‘‘Health Care Consumer Assistance Fund’’, to be
used to award grants to eligible States to carry out
consumer assistance activities (including programs
established by States prior to the enactment of this
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Act) designed to provide information, assistance, and
referrals to consumers of health insurance products.
(2) STATE ELIGIBILITY.—To be eligible to re-
ceive a grant under this subsection a State shall pre-
pare and submit to the Secretary an application at
such time, in such manner, and containing such in-
formation as the Secretary may require, including a
State plan that describes—
(A) the manner in which the State will en-
sure that the health care consumer assistance
office (established under paragraph (4)) will
educate and assist health care consumers in ac-
cessing needed care;
(B) the manner in which the State will co-
ordinate and distinguish the services provided
by the health care consumer assistance office
with the services provided by Federal, State and
local health-related ombudsman, information,
protection and advocacy, insurance, and fraud
and abuse programs;
(C) the manner in which the State will
provide information, outreach, and services to
underserved, minority populations with limited
English proficiency and populations residing in
rural areas;
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(D) the manner in which the State will
oversee the health care consumer assistance of-
fice, its activities, product materials and evalu-
ate program effectiveness;
(E) the manner in which the State will en-
sure that funds made available under this sec-
tion will be used to supplement, and not sup-
plant, any other Federal, State, or local funds
expended to provide services for programs de-
scribed under this section and those described
in subparagraphs (C) and (D);
(F) the manner in which the State will en-
sure that health care consumer office personnel
have the professional background and training
to carry out the activities of the office; and
(G) the manner in which the State will en-
sure that consumers have direct access to con-
sumer assistance personnel during regular busi-
ness hours.
(3) AMOUNT OF GRANT.—
(A) IN GENERAL.—From amounts appro-
priated under subsection (b) for a fiscal year,
the Secretary shall award a grant to a State in
an amount that bears the same ratio to such
amounts as the number of individuals within
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the State covered under a group health plan or
under health insurance coverage in connection
with the group health plan offered by a health
insurance issuer bears to the total number of
individuals so covered in all States (as deter-
mined by the Secretary). Any amounts provided
to a State under this subsection that are not
used by the State shall be remitted to the Sec-
retary and reallocated in accordance with this
subparagraph.
(B) MINIMUM AMOUNT.—In no case shall
the amount provided to a State under a grant
under this subsection for a fiscal year be less
than an amount equal to 0.5 percent of the
amount appropriated for such fiscal year to
carry out this section.
(C) NON-FEDERAL
CONTRIBUTIONS.—A
State will provide for the collection of non-Fed-
eral contributions for the operation of the office
in an amount that is not less than 25 percent
of the amount of Federal funds provided to the
State under this section.
(4) PROVISION OF FUNDS FOR ESTABLISHMENT
OF OFFICE.—
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(A) IN
GENERAL.—From amounts pro-
vided under a grant under this subsection, a
State shall, directly or through a contract with
an independent, nonprofit entity with dem-
onstrated experience in serving the needs of
health care consumers, provide for the estab-
lishment and operation of a State health care
consumer assistance office.
(B) ELIGIBILITY OF ENTITY.—To be eligi-
ble to enter into a contract under subparagraph
(A), an entity shall demonstrate that it has the
technical, organizational, and professional ca-
pacity to deliver the services described in sub-
section (b) to all public and private health in-
surance participants or beneficiaries.
(C) EXISTING STATE ENTITY.—Nothing in
this section shall prevent the funding of an ex-
isting health care consumer assistance program
that otherwise meets the requirements of this
section.
(b) USE OF FUNDS.—
(1) BY STATE.—A State shall use amounts pro-
vided under a grant awarded under this section to
carry out consumer assistance activities directly or
by contract with an independent, non-profit organi-
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zation. An eligible entity may use some reasonable
amount of such grant to ensure the adequate train-
ing of personnel carrying out such activities. To re-
ceive amounts under this subsection, an eligible enti-
ty shall provide consumer assistance services,
including—
(A) the operation of a toll-free telephone
hotline to respond to consumer requests;
(B) the dissemination of appropriate edu-
cational materials on available health insurance
products and on how best to access health care
and the rights and responsibilities of health
care consumers;
(C) the provision of education on effective
methods to promptly and efficiently resolve
questions, problems, and grievances;
(D) the coordination of educational and
outreach efforts with health plans, health care
providers, payers, and governmental agencies;
(E) referrals to appropriate private and
public entities to resolve questions, problems
and grievances; and
(F) the provision of information and as-
sistance, including acting as an authorized rep-
resentative, regarding internal, external, or ad-
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ministrative grievances or appeals procedures in
nonlitigative settings to appeal the denial, ter-
mination, or reduction of health care services,
or the refusal to pay for such services, under a
group health plan or health insurance coverage
in connection with the group health plan offered
by a health insurance issuer.
(2) CONFIDENTIALITY AND ACCESS TO INFOR-
MATION.—
(A) STATE
ENTITY.—With respect to a
State that directly establishes a health care con-
sumer assistance office, such office shall estab-
lish and implement procedures and protocols in
accordance with applicable Federal and State
laws.
(B) CONTRACT ENTITY.—With respect to a
State that, through contract, establishes a
health care consumer assistance office, such of-
fice shall establish and implement procedures
and protocols, consistent with applicable Fed-
eral and State laws, to ensure the confiden-
tiality of all information shared by a partici-
pant, beneficiary, or their personal representa-
tive and their health care providers, group
health plans, or health insurance insurers with
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the office and to ensure that no such informa-
tion is used by the office, or released or dis-
closed to State agencies or outside persons or
entities without the prior written authorization
(in accordance with section 164.508 of title 45,
Code of Federal Regulations) of the individual
or personal representative. The office may, con-
sistent with applicable Federal and State con-
fidentiality laws, collect, use or disclose aggre-
gate information that is not individually identi-
fiable (as defined in section 164.501 of title 45,
Code of Federal Regulations). The office shall
provide a written description of the policies and
procedures of the office with respect to the
manner in which health information may be
used or disclosed to carry out consumer assist-
ance activities. The office shall provide health
care providers, group health plans, or health in-
surance issuers with a written authorization (in
accordance with section 164.508 of title 45,
Code of Federal Regulations) to allow the office
to obtain medical information relevant to the
matter before the office.
(3) AVAILABILITY
OF
SERVICES.—The health
care consumer assistance office of a State shall not
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discriminate in the provision of information, refer-
rals, and services regardless of the source of the in-
dividual’s health insurance coverage in connection
with the group health plan or prospective coverage,
including individuals covered under a group health
plan or health insurance coverage in connection with
the group health plan offered by a health insurance
issuer, the medicare or medicaid programs under
title XVIII or XIX of the Social Security Act (42
U.S.C. 1395 and 1396 et seq.), or under any other
Federal or State health care program.
(4) DESIGNATION OF RESPONSIBILITIES.—
(A) WITHIN EXISTING STATE ENTITY.—If
the health care consumer assistance office of a
State is located within an existing State regu-
latory agency or office of an elected State offi-
cial, the State shall ensure that—
(i) there is a separate delineation of
the funding, activities, and responsibilities
of the office as compared to the other
funding, activities, and responsibilities of
the agency; and
(ii) the office establishes and imple-
ments procedures and protocols to ensure
the 
confidentiality 
of 
all 
information
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shared by a participant, beneficiary, or
their personal representative and their
health care providers, group health plans,
or health insurance issuers with the office
and to ensure that no information is dis-
closed to the State agency or office without
the written authorization of the individual
or their personal representative in accord-
ance with paragraph (2).
(B) CONTRACT ENTITY.—In the case of an
entity that enters into a contract with a State
under subsection (a)(3), the entity shall provide
assurances that the entity has no conflict of in-
terest in carrying out the activities of the office
and that the entity is independent of group
health plans, health insurance issuers, pro-
viders, payers, and regulators of health care.
(5) SUBCONTRACTS.—The health care con-
sumer assistance office of a State may carry out ac-
tivities and provide services through contracts en-
tered into with 1 or more nonprofit entities so long
as the office can demonstrate that all of the require-
ments of this section are complied with by the office.
(6) TERM.—A contract entered into under this
subsection shall be for a term of 3 years.
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(c) REPORT.—Not later than 1 year after the Sec-
retary first awards grants under this section, and annually
thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report concerning
the activities funded under this section and the effective-
ness of such activities in resolving health care-related
problems and grievances.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
Subtitle B—Access to Care
SEC. 111. CONSUMER CHOICE OPTION.
(a) IN GENERAL.—If—
(1) a health insurance issuer providing health
insurance coverage in connection with a group health
plan offers to enrollees health insurance coverage
which provides for coverage of services (including
physician pathology services) only if such services
are furnished through health care professionals and
providers who are members of a network of health
care professionals and providers who have entered
into a contract with the issuer to provide such serv-
ices, or
(2) a group health plan offers to participants or
beneficiaries health benefits which provide for cov-
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erage of services only if such services are furnished
through health care professionals and providers who
are members of a network of health care profes-
sionals and providers who have entered into a con-
tract with the plan to provide such services,
then the issuer or plan shall also offer or arrange to be
offered to such enrollees, participants, or beneficiaries (at
the time of enrollment and during an annual open season
as provided under subsection (c)) the option of health in-
surance coverage or health benefits which provide for cov-
erage of such services which are not furnished through
health care professionals and providers who are members
of such a network unless such enrollees, participants, or
beneficiaries are offered such non-network coverage
through another group health plan or through another
health insurance issuer in the group market.
(b) ADDITIONAL COSTS.—The amount of any addi-
tional premium charged by the health insurance issuer or
group health plan for the additional cost of the creation
and maintenance of the option described in subsection (a)
and the amount of any additional cost sharing imposed
under such option shall be borne by the enrollee, partici-
pant, or beneficiary unless it is paid by the health plan
sponsor or group health plan through agreement with the
health insurance issuer.
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(c) OPEN SEASON.—An enrollee, participant, or ben-
eficiary, may change to the offering provided under this
section only during a time period determined by the health
insurance issuer or group health plan. Such time period
shall occur at least annually.
SEC. 112. CHOICE OF HEALTH CARE PROFESSIONAL.
(a) PRIMARY CARE.—If a group health plan, or a
health insurance issuer that offers health insurance cov-
erage, requires or provides for designation by a partici-
pant, beneficiary, or enrollee of a participating primary
care provider, then the plan or issuer shall permit each
participant, beneficiary, and enrollee to designate any par-
ticipating primary care provider who is available to accept
such individual.
(b) SPECIALISTS.—
(1) IN GENERAL.—Subject to paragraph (2), a
group health plan and a health insurance issuer that
offers health insurance coverage shall permit each
participant, beneficiary, or enrollee to receive medi-
cally necessary and appropriate specialty care, pur-
suant to appropriate referral procedures, from any
qualified participating health care professional who
is available to accept such individual for such care.
(2) LIMITATION.—Paragraph (1) shall not
apply to specialty care if the plan or issuer clearly
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informs participants, beneficiaries, and enrollees of
the limitations on choice of participating health care
professionals with respect to such care.
(3) CONSTRUCTION.—Nothing in this sub-
section shall be construed as affecting the applica-
tion of section 114 (relating to timely access to spe-
cialists).
SEC. 113. ACCESS TO EMERGENCY CARE.
(a) COVERAGE OF EMERGENCY SERVICES.—
(1) IN GENERAL.—If a group health plan, or
health insurance coverage offered by a health insur-
ance issuer, provides or covers any benefits with re-
spect to services in an emergency department of a
hospital, the plan or issuer shall cover emergency
services (as defined in paragraph (2)(B))—
(A) without the need for any prior author-
ization determination;
(B) whether the health care provider fur-
nishing such services is a participating provider
with respect to such services;
(C) in a manner so that, if such services
are provided to a participant, beneficiary, or
enrollee—
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(i) by a nonparticipating health care
provider with or without prior authoriza-
tion, or
(ii) by a participating health care pro-
vider without prior authorization,
the participant, beneficiary, or enrollee is not
liable for amounts that exceed the amounts of
liability that would be incurred if the services
were provided by a participating health care
provider with prior authorization; and
(D) without regard to any other term or
condition of such coverage (other than exclusion
or coordination of benefits, or an affiliation or
waiting period, permitted under section 2701 of
the Public Health Service Act, section 701 of
the Employee Retirement Income Security Act
of 1974, or section 9801 of the Internal Rev-
enue Code of 1986, and other than applicable
cost-sharing).
(2) DEFINITIONS.—In this section:
(A) EMERGENCY
MEDICAL
CONDITION.—
The term ‘‘emergency medical condition’’ means
a medical condition manifesting itself by acute
symptoms of sufficient severity (including se-
vere pain) such that a prudent layperson, who
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possesses an average knowledge of health and
medicine, could reasonably expect the absence
of immediate medical attention to result in a
condition described in clause (i), (ii), or (iii) of
section 1867(e)(1)(A) of the Social Security
Act.
(B) EMERGENCY
SERVICES.—The term
‘‘emergency services’’ means, with respect to an
emergency medical condition—
(i) a medical screening examination
(as required under section 1867 of the So-
cial Security Act) that is within the capa-
bility of the emergency department of a
hospital, including ancillary services rou-
tinely available to the emergency depart-
ment to evaluate such emergency medical
condition, and
(ii) within the capabilities of the staff
and facilities available at the hospital, such
further medical examination and treatment
as are required under section 1867 of such
Act to stabilize the patient.
(C) STABILIZE.—The term ‘‘to stabilize’’,
with respect to an emergency medical condition
(as defined in subparagraph (A)), has the
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meaning given in section 1867(e)(3) of the So-
cial Security Act (42 U.S.C. 1395dd(e)(3)).
(b) REIMBURSEMENT FOR MAINTENANCE CARE AND
POST-STABILIZATION CARE.—A group health plan, and
health insurance coverage offered by a health insurance
issuer, must provide reimbursement for maintenance care
and post-stabilization care in accordance with the require-
ments of section 1852(d)(2) of the Social Security Act (42
U.S.C. 1395w–22(d)(2)). Such reimbursement shall be
provided in a manner consistent with subsection (a)(1)(C).
(c) COVERAGE OF EMERGENCY AMBULANCE SERV-
ICES.—
(1) IN GENERAL.—If a group health plan, or
health insurance coverage provided by a health in-
surance issuer, provides any benefits with respect to
ambulance services and emergency services, the plan
or issuer shall cover emergency ambulance services
(as defined in paragraph (2)) furnished under the
plan or coverage under the same terms and condi-
tions under subparagraphs (A) through (D) of sub-
section (a)(1) under which coverage is provided for
emergency services.
(2) EMERGENCY AMBULANCE SERVICES.—For
purposes of this subsection, the term ‘‘emergency
ambulance services’’ means ambulance services (as
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defined for purposes of section 1861(s)(7) of the So-
cial Security Act) furnished to transport an indi-
vidual who has an emergency medical condition (as
defined in subsection (a)(2)(A)) to a hospital for the
receipt of emergency services (as defined in sub-
section (a)(2)(B)) in a case in which the emergency
services are covered under the plan or coverage pur-
suant to subsection (a)(1) and a prudent layperson,
with an average knowledge of health and medicine,
could reasonably expect that the absence of such
transport would result in placing the health of the
individual in serious jeopardy, serious impairment of
bodily function, or serious dysfunction of any bodily
organ or part.
SEC. 114. TIMELY ACCESS TO SPECIALISTS.
(a) TIMELY ACCESS.—
(1) IN GENERAL.—A group health plan and a
health insurance issuer offering health insurance
coverage shall ensure that participants, beneficiaries,
and enrollees receive timely access to specialists who
are appropriate to the condition of, and accessible
to, the participant, beneficiary, or enrollee, when
such specialty care is a covered benefit under the
plan or coverage.
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(2) RULE
OF
CONSTRUCTION.—Nothing in
paragraph (1) shall be construed—
(A) to require the coverage under a group
health plan or health insurance coverage of ben-
efits or services;
(B) to prohibit a plan or issuer from in-
cluding providers in the network only to the ex-
tent necessary to meet the needs of the plan’s
or issuer’s participants, beneficiaries, or enroll-
ees; or
(C) to override any State licensure or
scope-of-practice law.
(3) ACCESS TO CERTAIN PROVIDERS.—
(A) IN
GENERAL.—With respect to spe-
cialty care under this section, if a participating
specialist is not available and qualified to pro-
vide such care to the participant, beneficiary, or
enrollee, the plan or issuer shall provide for cov-
erage of such care by a nonparticipating spe-
cialist.
(B) TREATMENT
OF
NONPARTICIPATING
PROVIDERS.—If a participant, beneficiary, or
enrollee receives care from a nonparticipating
specialist pursuant to subparagraph (A), such
specialty care shall be provided at no additional
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cost to the participant, beneficiary, or enrollee
beyond what the participant, beneficiary, or en-
rollee would otherwise pay for such specialty
care if provided by a participating specialist.
(b) REFERRALS.—
(1) AUTHORIZATION.—Subject to subsection
(a)(1), a group health plan or health insurance
issuer may require an authorization in order to ob-
tain coverage for specialty services under this sec-
tion. Any such authorization—
(A) shall be for an appropriate duration of
time or number of referrals, including an au-
thorization for a standing referral where appro-
priate; and
(B) may not be refused solely because the
authorization involves services of a nonpartici-
pating 
specialist 
(described 
in 
subsection
(a)(3)).
(2) REFERRALS FOR ONGOING SPECIAL CONDI-
TIONS.—
(A) IN GENERAL.—Subject to subsection
(a)(1), a group health plan and a health insur-
ance issuer shall permit a participant, bene-
ficiary, or enrollee who has an ongoing special
condition (as defined in subparagraph (B)) to
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receive a referral to a specialist for the treat-
ment of such condition and such specialist may
authorize such referrals, procedures, tests, and
other medical services with respect to such con-
dition, or coordinate the care for such condi-
tion, subject to the terms of a treatment plan
(if any) referred to in subsection (c) with re-
spect to the condition.
(B) ONGOING
SPECIAL
CONDITION
DE-
FINED.—In this subsection, the term ‘‘ongoing
special condition’’ means a condition or disease
that—
(i) is life-threatening, degenerative,
potentially disabling, or congenital; and
(ii) requires specialized medical care
over a prolonged period of time.
(c) TREATMENT PLANS.—
(1) IN
GENERAL.—A group health plan or
health insurance issuer may require that the spe-
cialty care be provided—
(A) pursuant to a treatment plan, but only
if the treatment plan—
(i) is developed by the specialist, in
consultation with the case manager or pri-
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mary care provider, and the participant,
beneficiary, or enrollee, and
(ii) is approved by the plan or issuer
in a timely manner, if the plan or issuer
requires such approval; and
(B) in accordance with applicable quality
assurance and utilization review standards of
the plan or issuer.
(2) NOTIFICATION.—Nothing in paragraph (1)
shall be construed as prohibiting a plan or issuer
from requiring the specialist to provide the plan or
issuer with regular updates on the specialty care
provided, as well as all other reasonably necessary
medical information.
(d) SPECIALIST DEFINED.—For purposes of this sec-
tion, the term ‘‘specialist’’ means, with respect to the con-
dition of the participant, beneficiary, or enrollee, a health
care professional, facility, or center that has adequate ex-
pertise through appropriate training and experience (in-
cluding, in the case of a child, appropriate pediatric exper-
tise) to provide high quality care in treating the condition.
SEC. 115. PATIENT ACCESS TO OBSTETRICAL AND GYNECO-
LOGICAL CARE.
(a) GENERAL RIGHTS.—
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(1) DIRECT ACCESS.—A group health plan, and
a health insurance issuer offering health insurance
coverage, described in subsection (b) may not re-
quire authorization or referral by the plan, issuer, or
any person (including a primary care provider de-
scribed in subsection (b)(2)) in the case of a female
participant, beneficiary, or enrollee who seeks cov-
erage for obstetrical or gynecological care provided
by a participating health care professional who spe-
cializes in obstetrics or gynecology.
(2) 
OBSTETRICAL
AND
GYNECOLOGICAL
CARE.—A group health plan and a health insurance
issuer described in subsection (b) shall treat the pro-
vision of obstetrical and gynecological care, and the
ordering of related obstetrical and gynecological
items and services, pursuant to the direct access de-
scribed under paragraph (1), by a participating
health care professional who specializes in obstetrics
or gynecology as the authorization of the primary
care provider.
(b) APPLICATION OF SECTION.—A group health plan,
or health insurance issuer offering health insurance cov-
erage, described in this subsection is a group health plan
or coverage that—
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(1) 
provides 
coverage 
for 
obstetric 
or
gynecologic care; and
(2) requires the designation by a participant,
beneficiary, or enrollee of a participating primary
care provider.
(c) CONSTRUCTION.—Nothing in subsection (a) shall
be construed to—
(1) waive any exclusions of coverage under the
terms and conditions of the plan or health insurance
coverage with respect to coverage of obstetrical or
gynecological care; or
(2) preclude the group health plan or health in-
surance issuer involved from requiring that the ob-
stetrical or gynecological provider notify the primary
care health care professional or the plan or issuer of
treatment decisions.
SEC. 116. ACCESS TO PEDIATRIC CARE.
(a) PEDIATRIC CARE.—In the case of a person who
has a child who is a participant, beneficiary, or enrollee
under a group health plan, or health insurance coverage
offered by a health insurance issuer, if the plan or issuer
requires or provides for the designation of a participating
primary care provider for the child, the plan or issuer shall
permit such person to designate a physician (allopathic or
osteopathic) who specializes in pediatrics as the child’s pri-
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mary care provider if such provider participates in the net-
work of the plan or issuer.
(b) CONSTRUCTION.—Nothing in subsection (a) shall
be construed to waive any exclusions of coverage under
the terms and conditions of the plan or health insurance
coverage with respect to coverage of pediatric care.
SEC. 117. CONTINUITY OF CARE.
(a) TERMINATION OF PROVIDER.—
(1) IN GENERAL.—If—
(A) a contract between a group health
plan, or a health insurance issuer offering
health insurance coverage, and a treating health
care provider is terminated (as defined in para-
graph (e)(4)); or
(B) benefits or coverage provided by a
health care provider are terminated because of
a change in the terms of provider participation
in such plan or coverage,
the plan or issuer shall meet the requirements of
paragraph (3) with respect to each continuing care
patient.
(2) TREATMENT
OF
TERMINATION
OF
CON-
TRACT
WITH
HEALTH
INSURANCE
ISSUER.—If a
contract for the provision of health insurance cov-
erage between a group health plan and a health in-
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surance issuer is terminated and, as a result of such
termination, coverage of services of a health care
provider is terminated with respect to an individual,
the provisions of paragraph (1) (and the succeeding
provisions of this section) shall apply under the plan
in the same manner as if there had been a contract
between the plan and the provider that had been ter-
minated, but only with respect to benefits that are
covered under the plan after the contract termi-
nation.
(3) REQUIREMENTS.—The requirements of this
paragraph are that the plan or issuer—
(A) notify the continuing care patient in-
volved, or arrange to have the patient notified
pursuant to subsection (d)(2), on a timely basis
of the termination described in paragraph (1)
(or paragraph (2), if applicable) and the right
to elect continued transitional care from the
provider under this section;
(B) provide the patient with an oppor-
tunity to notify the plan or issuer of the pa-
tient’s need for transitional care; and
(C) subject to subsection (c), permit the
patient to elect to continue to be covered with
respect to the course of treatment by such pro-
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vider with the provider’s consent during a tran-
sitional period (as provided for under subsection
(b)).
(4) CONTINUING CARE PATIENT.—For purposes
of this section, the term ‘‘continuing care patient’’
means a participant, beneficiary, or enrollee who—
(A) is undergoing a course of treatment
for a serious and complex condition from the
provider at the time the plan or issuer receives
or provides notice of provider, benefit, or cov-
erage termination described in paragraph (1)
(or paragraph (2), if applicable);
(B) is undergoing a course of institutional
or inpatient care from the provider at the time
of such notice;
(C) is scheduled to undergo non-elective
surgery from the provider at the time of such
notice;
(D) is pregnant and undergoing a course
of treatment for the pregnancy from the pro-
vider at the time of such notice; or
(E) is or was determined to be terminally
ill (as determined under section 1861(dd)(3)(A)
of the Social Security Act) at the time of such
notice, but only with respect to a provider that
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was treating the terminal illness before the date
of such notice.
(b) TRANSITIONAL PERIODS.—
(1) SERIOUS AND COMPLEX CONDITIONS.—The
transitional period under this subsection with re-
spect to a continuing care patient described in sub-
section (a)(4)(A) shall extend for up to 90 days (as
determined by the treating health care professional)
from the date of the notice described in subsection
(a)(3)(A).
(2) INSTITUTIONAL OR INPATIENT CARE.—The
transitional period under this subsection for a con-
tinuing 
care 
patient 
described 
in 
subsection
(a)(4)(B) shall extend until the earlier of—
(A) the expiration of the 90-day period be-
ginning on the date on which the notice under
subsection (a)(3)(A) is provided; or
(B) the date of discharge of the patient
from such care or the termination of the period
of institutionalization, or, if later, the date of
completion of reasonable follow-up care.
(3) SCHEDULED
NON-ELECTIVE
SURGERY.—
The transitional period under this subsection for a
continuing care patient described in subsection
(a)(4)(C) shall extend until the completion of the
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surgery involved and post-surgical follow-up care re-
lating to the surgery and occurring within 90 days
after the date of the surgery.
(4) 
PREGNANCY.—The 
transitional 
period
under this subsection for a continuing care patient
described in subsection (a)(4)(D) shall extend
through the provision of post-partum care directly
related to the delivery.
(5) TERMINAL ILLNESS.—The transitional pe-
riod under this subsection for a continuing care pa-
tient described in subsection (a)(4)(E) shall extend
for the remainder of the patient’s life for care that
is directly related to the treatment of the terminal
illness or its medical manifestations.
(c) PERMISSIBLE
TERMS
AND
CONDITIONS.—A
group health plan or health insurance issuer may condi-
tion coverage of continued treatment by a provider under
this section upon the provider agreeing to the following
terms and conditions:
(1) The treating health care provider agrees to
accept reimbursement from the plan or issuer and
continuing care patient involved (with respect to
cost-sharing) at the rates applicable prior to the
start of the transitional period as payment in full
(or, in the case described in subsection (a)(2), at the
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rates applicable under the replacement plan or cov-
erage after the date of the termination of the con-
tract with the group health plan or health insurance
issuer) and not to impose cost-sharing with respect
to the patient in an amount that would exceed the
cost-sharing that could have been imposed if the
contract referred to in subsection (a)(1) had not
been terminated.
(2) The treating health care provider agrees to
adhere to the quality assurance standards of the
plan or issuer responsible for payment under para-
graph (1) and to provide to such plan or issuer nec-
essary medical information related to the care pro-
vided.
(3) The treating health care provider agrees
otherwise to adhere to such plan’s or issuer’s policies
and procedures, including procedures regarding re-
ferrals and obtaining prior authorization and pro-
viding services pursuant to a treatment plan (if any)
approved by the plan or issuer.
(d) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed—
(1) to require the coverage of benefits which
would not have been covered if the provider involved
remained a participating provider; or
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(2) with respect to the termination of a con-
tract under subsection (a) to prevent a group health
plan or health insurance issuer from requiring that
the health care provider—
(A) notify participants, beneficiaries, or en-
rollees of their rights under this section; or
(B) provide the plan or issuer with the
name of each participant, beneficiary, or en-
rollee who the provider believes is a continuing
care patient.
(e) DEFINITIONS.—In this section:
(1) CONTRACT.—The term ‘‘contract’’ includes,
with respect to a plan or issuer and a treating
health care provider, a contract between such plan
or issuer and an organized network of providers that
includes the treating health care provider, and (in
the case of such a contract) the contract between the
treating health care provider and the organized net-
work.
(2) HEALTH
CARE
PROVIDER.—The term
‘‘health care provider’’ or ‘‘provider’’ means—
(A) any individual who is engaged in the
delivery of health care services in a State and
who is required by State law or regulation to be
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licensed or certified by the State to engage in
the delivery of such services in the State; and
(B) any entity that is engaged in the deliv-
ery of health care services in a State and that,
if it is required by State law or regulation to be
licensed or certified by the State to engage in
the delivery of such services in the State, is so
licensed.
(3) SERIOUS AND COMPLEX CONDITION.—The
term ‘‘serious and complex condition’’ means, with
respect to a participant, beneficiary, or enrollee
under the plan or coverage—
(A) in the case of an acute illness, a condi-
tion that is serious enough to require special-
ized medical treatment to avoid the reasonable
possibility of death or permanent harm; or
(B) in the case of a chronic illness or con-
dition, is an ongoing special condition (as de-
fined in section 114(b)(2)(B)).
(4) TERMINATED.—The term ‘‘terminated’’ in-
cludes, with respect to a contract, the expiration or
nonrenewal of the contract, but does not include a
termination of the contract for failure to meet appli-
cable quality standards or for fraud.
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SEC. 118. ACCESS TO NEEDED PRESCRIPTION DRUGS.
(a) IN GENERAL.—To the extent that a group health
plan, or health insurance coverage offered by a health in-
surance issuer, provides coverage for benefits with respect
to prescription drugs, and limits such coverage to drugs
included in a formulary, the plan or issuer shall—
(1) ensure the participation of physicians and
pharmacists in developing and reviewing such for-
mulary;
(2) provide for disclosure of the formulary to
providers; and
(3) in accordance with the applicable quality as-
surance and utilization review standards of the plan
or issuer, provide for exceptions from the formulary
limitation when a non-formulary alternative is medi-
cally necessary and appropriate and, in the case of
such an exception, apply the same cost-sharing re-
quirements that would have applied in the case of a
drug covered under the formulary.
(b) COVERAGE OF APPROVED DRUGS AND MEDICAL
DEVICES.—
(1) IN GENERAL.—A group health plan (and
health insurance coverage offered in connection with
such a plan) that provides any coverage of prescrip-
tion drugs or medical devices shall not deny coverage
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of such a drug or device on the basis that the use
is investigational, if the use—
(A) in the case of a prescription drug—
(i) is included in the labeling author-
ized by the application in effect for the
drug pursuant to subsection (b) or (j) of
section 505 of the Federal Food, Drug,
and Cosmetic Act, without regard to any
postmarketing 
requirements 
that 
may
apply under such Act; or
(ii) is included in the labeling author-
ized by the application in effect for the
drug under section 351 of the Public
Health Service Act, without regard to any
postmarketing 
requirements 
that 
may
apply pursuant to such section; or
(B) in the case of a medical device, is in-
cluded in the labeling authorized by a regula-
tion under subsection (d) or (e) of section 513
of the Federal Food, Drug, and Cosmetic Act,
an order under subsection (f) of such section, or
an application approved under section 515 of
such Act, without regard to any postmarketing
requirements that may apply under such Act.
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(2) CONSTRUCTION.—Nothing in this sub-
section shall be construed as requiring a group
health plan (or health insurance coverage offered in
connection with such a plan) to provide any coverage
of prescription drugs or medical devices.
SEC. 119. COVERAGE FOR INDIVIDUALS PARTICIPATING IN
APPROVED CLINICAL TRIALS.
(a) COVERAGE.—
(1) IN GENERAL.—If a group health plan, or
health insurance issuer that is providing health in-
surance coverage, provides coverage to a qualified in-
dividual (as defined in subsection (b)), the plan or
issuer—
(A) may not deny the individual participa-
tion in the clinical trial referred to in subsection
(b)(2);
(B) subject to subsection (c), may not deny
(or limit or impose additional conditions on) the
coverage of routine patient costs for items and
services furnished in connection with participa-
tion in the trial; and
(C) may not discriminate against the indi-
vidual on the basis of the enrollee’s participa-
tion in such trial.
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(2) EXCLUSION OF CERTAIN COSTS.—For pur-
poses of paragraph (1)(B), routine patient costs do
not include the cost of the tests or measurements
conducted primarily for the purpose of the clinical
trial involved.
(3) USE OF IN-NETWORK PROVIDERS.—If one
or more participating providers is participating in a
clinical trial, nothing in paragraph (1) shall be con-
strued as preventing a plan or issuer from requiring
that a qualified individual participate in the trial
through such a participating provider if the provider
will accept the individual as a participant in the
trial.
(b) QUALIFIED INDIVIDUAL DEFINED.—For pur-
poses of subsection (a), the term ‘‘qualified individual’’
means an individual who is a participant or beneficiary
in a group health plan, or who is an enrollee under health
insurance coverage, and who meets the following condi-
tions:
(1)(A) The individual has a life-threatening or
serious illness for which no standard treatment is ef-
fective.
(B) The individual is eligible to participate in
an approved clinical trial according to the trial pro-
tocol with respect to treatment of such illness.
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(C) The individual’s participation in the trial
offers meaningful potential for significant clinical
benefit for the individual.
(2) Either—
(A) the referring physician is a partici-
pating health care professional and has con-
cluded that the individual’s participation in
such trial would be appropriate based upon the
individual meeting the conditions described in
paragraph (1); or
(B) the participant, beneficiary, or enrollee
provides medical and scientific information es-
tablishing that the individual’s participation in
such trial would be appropriate based upon the
individual meeting the conditions described in
paragraph (1).
(c) PAYMENT.—
(1) IN GENERAL.—Under this section a group
health plan and a health insurance issuer shall pro-
vide for payment for routine patient costs described
in subsection (a)(2) but is not required to pay for
costs of items and services that are reasonably ex-
pected (as determined by the appropriate Secretary)
to be paid for by the sponsors of an approved clin-
ical trial.
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(2) PAYMENT RATE.—In the case of covered
items and services provided by—
(A) a participating provider, the payment
rate shall be at the agreed upon rate; or
(B) a nonparticipating provider, the pay-
ment rate shall be at the rate the plan or issuer
would normally pay for comparable services
under subparagraph (A).
(d) APPROVED CLINICAL TRIAL DEFINED.—
(1) IN
GENERAL.—In this section, the term
‘‘approved clinical trial’’ means a clinical research
study or clinical investigation—
(A) approved and funded (which may in-
clude funding through in-kind contributions) by
one or more of the following:
(i) the National Institutes of Health;
(ii) a cooperative group or center of
the National Institutes of Health, includ-
ing a qualified nongovernmental research
entity to which the National Cancer Insti-
tute has awarded a center support grant;
(iii) either of the following if the con-
ditions described in paragraph (2) are
met—
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(I) the Department of Veterans
Affairs;
(II) the Department of Defense;
or
(B) approved by the Food and Drug Ad-
ministration.
(2) CONDITIONS
FOR
DEPARTMENTS.—The
conditions described in this paragraph, for a study
or investigation conducted by a Department, are
that the study or investigation has been reviewed
and approved through a system of peer review that
the appropriate Secretary determines—
(A) to be comparable to the system of peer
review of studies and investigations used by the
National Institutes of Health; and
(B) assures unbiased review of the highest
ethical standards by qualified individuals who
have no interest in the outcome of the review.
(e) CONSTRUCTION.—Nothing in this section shall be
construed to limit a plan’s or issuer’s coverage with re-
spect to clinical trials.
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SEC. 120. REQUIRED COVERAGE FOR MINIMUM HOSPITAL
STAY FOR MASTECTOMIES AND LYMPH NODE
DISSECTIONS 
FOR 
THE 
TREATMENT 
OF
BREAST CANCER AND COVERAGE FOR SEC-
ONDARY CONSULTATIONS.
(a) INPATIENT CARE.—
(1) IN GENERAL.—A group health plan, and a
health insurance issuer providing health insurance
coverage, that provides medical and surgical benefits
shall ensure that inpatient coverage with respect to
the treatment of breast cancer is provided for a pe-
riod of time as is determined by the attending physi-
cian, in consultation with the patient, to be medi-
cally necessary and appropriate following—
(A) a mastectomy;
(B) a lumpectomy; or
(C) a lymph node dissection for the treat-
ment of breast cancer.
(2) EXCEPTION.—Nothing in this section shall
be construed as requiring the provision of inpatient
coverage if the attending physician and patient de-
termine that a shorter period of hospital stay is
medically appropriate.
(b) PROHIBITION ON CERTAIN MODIFICATIONS.—In
implementing the requirements of this section, a group
health plan, and a health insurance issuer providing health
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insurance coverage, may not modify the terms and condi-
tions of coverage based on the determination by a partici-
pant, beneficiary, or enrollee to request less than the min-
imum coverage required under subsection (a).
(c) SECONDARY CONSULTATIONS.—
(1) IN GENERAL.—A group health plan, and a
health insurance issuer providing health insurance
coverage, that provides coverage with respect to
medical and surgical services provided in relation to
the diagnosis and treatment of cancer shall ensure
that full coverage is provided for secondary consulta-
tions by specialists in the appropriate medical fields
(including pathology, radiology, and oncology) to
confirm or refute such diagnosis. Such plan or issuer
shall ensure that full coverage is provided for such
secondary consultation whether such consultation is
based on a positive or negative initial diagnosis. In
any case in which the attending physician certifies in
writing that services necessary for such a secondary
consultation are not sufficiently available from spe-
cialists operating under the plan or coverage with re-
spect to whose services coverage is otherwise pro-
vided under such plan or by such issuer, such plan
or issuer shall ensure that coverage is provided with
respect to the services necessary for the secondary
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consultation with any other specialist selected by the
attending physician for such purpose at no addi-
tional cost to the individual beyond that which the
individual would have paid if the specialist was par-
ticipating in the network of the plan or issuer.
(2) EXCEPTION.—Nothing in paragraph (1)
shall be construed as requiring the provision of sec-
ondary consultations where the patient determines
not to seek such a consultation.
(d) PROHIBITION ON PENALTIES OR INCENTIVES.—
A group health plan, and a health insurance issuer pro-
viding health insurance coverage, may not—
(1) penalize or otherwise reduce or limit the re-
imbursement of a provider or specialist because the
provider or specialist provided care to a participant,
beneficiary, or enrollee in accordance with this sec-
tion;
(2) provide financial or other incentives to a
physician or specialist to induce the physician or
specialist to keep the length of inpatient stays of pa-
tients following a mastectomy, lumpectomy, or a
lymph node dissection for the treatment of breast
cancer below certain limits or to limit referrals for
secondary consultations; or
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(3) provide financial or other incentives to a
physician or specialist to induce the physician or
specialist to refrain from referring a participant,
beneficiary, or enrollee for a secondary consultation
that would otherwise be covered by the plan or cov-
erage involved under subsection (c).
Subtitle C—Access to Information
SEC. 121. PATIENT ACCESS TO INFORMATION.
(a) REQUIREMENT.—
(1) DISCLOSURE.—
(A) IN GENERAL.—A group health plan,
and a health insurance issuer that provides cov-
erage in connection with health insurance cov-
erage, shall provide for the disclosure to partici-
pants, beneficiaries, and enrollees—
(i) of the information described in
subsection (b) at the time of the initial en-
rollment of the participant, beneficiary, or
enrollee under the plan or coverage;
(ii) of such information on an annual
basis—
(I) in conjunction with the elec-
tion period of the plan or coverage if
the plan or coverage has such an elec-
tion period; or
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(II) in the case of a plan or cov-
erage that does not have an election
period, in conjunction with the begin-
ning of the plan or coverage year; and
(iii) of information relating to any
material reduction to the benefits or infor-
mation described in such subsection or
subsection (c), in the form of a notice pro-
vided not later than 30 days before the
date on which the reduction takes effect.
(B) PARTICIPANTS, BENEFICIARIES, AND
ENROLLEES.—The disclosure required under
subparagraph (A) shall be provided—
(i) jointly to each participant, bene-
ficiary, and enrollee who reside at the same
address; or
(ii) in the case of a beneficiary or en-
rollee who does not reside at the same ad-
dress as the participant or another en-
rollee, separately to the participant or
other enrollees and such beneficiary or en-
rollee.
(2) PROVISION OF INFORMATION.—Information
shall be provided to participants, beneficiaries, and
enrollees under this section at the last known ad-
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dress maintained by the plan or issuer with respect
to such participants, beneficiaries, or enrollees, to
the extent that such information is provided to par-
ticipants, beneficiaries, or enrollees via the United
States Postal Service or other private delivery serv-
ice.
(b) REQUIRED INFORMATION.—The informational
materials to be distributed under this section shall include
for each option available under the group health plan or
health insurance coverage the following:
(1) BENEFITS.—A description of the covered
benefits, including—
(A) any in- and out-of-network benefits;
(B) specific preventive services covered
under the plan or coverage if such services are
covered;
(C) any specific exclusions or express limi-
tations 
of 
benefits 
described 
in 
section
503C(d)(3)(C) of the Bipartisan Patient Pro-
tection Act;
(D) any other benefit limitations, including
any annual or lifetime benefit limits and any
monetary limits or limits on the number of vis-
its, days, or services, and any specific coverage
exclusions; and
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(E) any definition of medical necessity
used in making coverage determinations by the
plan, issuer, or claims administrator.
(2) COST SHARING.—A description of any cost-
sharing requirements, including—
(A) any premiums, deductibles, coinsur-
ance, copayment amounts, and liability for bal-
ance billing, for which the participant, bene-
ficiary, or enrollee will be responsible under
each option available under the plan;
(B) any maximum out-of-pocket expense
for which the participant, beneficiary, or en-
rollee may be liable;
(C) any cost-sharing requirements for out-
of-network benefits or services received from
nonparticipating providers; and
(D) any additional cost-sharing or charges
for benefits and services that are furnished
without meeting applicable plan or coverage re-
quirements, such as prior authorization or
precertification.
(3) DISENROLLMENT.—Information relating to
the disenrollment of a participant, beneficiary, or en-
rollee.
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(4) SERVICE AREA.—A description of the plan
or issuer’s service area, including the provision of
any out-of-area coverage.
(5) PARTICIPATING PROVIDERS.—A directory of
participating providers (to the extent a plan or
issuer provides coverage through a network of pro-
viders) that includes, at a minimum, the name, ad-
dress, and telephone number of each participating
provider, and information about how to inquire
whether a participating provider is currently accept-
ing new patients.
(6) CHOICE OF PRIMARY CARE PROVIDER.—A
description of any requirements and procedures to
be used by participants, beneficiaries, and enrollees
in selecting, accessing, or changing their primary
care provider, including providers both within and
outside of the network (if the plan or issuer permits
out-of-network services), and the right to select a pe-
diatrician as a primary care provider under section
116 for a participant, beneficiary, or enrollee who is
a child if such section applies.
(7) PREAUTHORIZATION
REQUIREMENTS.—A
description of the requirements and procedures to be
used to obtain preauthorization for health services,
if such preauthorization is required.
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(8) EXPERIMENTAL
AND
INVESTIGATIONAL
TREATMENTS.—A description of the process for de-
termining whether a particular item, service, or
treatment is considered experimental or investiga-
tional, and the circumstances under which such
treatments are covered by the plan or issuer.
(9) SPECIALTY CARE.—A description of the re-
quirements and procedures to be used by partici-
pants, beneficiaries, and enrollees in accessing spe-
cialty care and obtaining referrals to participating
and nonparticipating specialists, including any limi-
tations on choice of health care professionals re-
ferred to in section 112(b)(2) and the right to timely
access to specialists care under section 114 if such
section applies.
(10) CLINICAL TRIALS.—A description of the
circumstances and conditions under which participa-
tion in clinical trials is covered under the terms and
conditions of the plan or coverage, and the right to
obtain coverage for approved clinical trials under
section 119 if such section applies.
(11) PRESCRIPTION DRUGS.—To the extent the
plan or issuer provides coverage for prescription
drugs, a statement of whether such coverage is lim-
ited to drugs included in a formulary, a description
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of any provisions and cost-sharing required for ob-
taining on- and off-formulary medications, and a de-
scription of the rights of participants, beneficiaries,
and enrollees in obtaining access to access to pre-
scription drugs under section 118 if such section ap-
plies.
(12) EMERGENCY
SERVICES.—A summary of
the rules and procedures for accessing emergency
services, including the right of a participant, bene-
ficiary, or enrollee to obtain emergency services
under the prudent layperson standard under section
113, if such section applies, and any educational in-
formation that the plan or issuer may provide re-
garding the appropriate use of emergency services.
(13) CLAIMS AND APPEALS.—A description of
the plan or issuer’s rules and procedures pertaining
to claims and appeals, a description of the rights
(including deadlines for exercising rights) of partici-
pants, beneficiaries, and enrollees under subtitle A
in obtaining covered benefits, filing a claim for bene-
fits, and appealing coverage decisions internally and
externally (including telephone numbers and mailing
addresses of the appropriate authority), and a de-
scription of any additional legal rights and remedies
available under section 502 of the Employee Retire-
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ment Income Security Act of 1974 and applicable
State law.
(14) ADVANCE DIRECTIVES AND ORGAN DONA-
TION.—A description of procedures for advance di-
rectives and organ donation decisions if the plan or
issuer maintains such procedures.
(15) INFORMATION ON PLANS AND ISSUERS.—
The name, mailing address, and telephone number
or numbers of the plan administrator and the issuer
to be used by participants, beneficiaries, and enroll-
ees seeking information about plan or coverage bene-
fits and services, payment of a claim, or authoriza-
tion for services and treatment. Notice of whether
the benefits under the plan or coverage are provided
under a contract or policy of insurance issued by an
issuer, or whether benefits are provided directly by
the plan sponsor who bears the insurance risk.
(16) TRANSLATION SERVICES.—A summary de-
scription of any translation or interpretation services
(including the availability of printed information in
languages other than English, audio tapes, or infor-
mation in Braille) that are available for non-English
speakers and participants, beneficiaries, and enroll-
ees with communication disabilities and a description
of how to access these items or services.
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(17) ACCREDITATION INFORMATION.—Any in-
formation that is made public by accrediting organi-
zations in the process of accreditation if the plan or
issuer is accredited, or any additional quality indica-
tors (such as the results of enrollee satisfaction sur-
veys) that the plan or issuer makes public or makes
available to participants, beneficiaries, and enrollees.
(18) NOTICE OF REQUIREMENTS.—A descrip-
tion of any rights of participants, beneficiaries, and
enrollees that are established by the provisions of
this Act (excluding those described in paragraphs
(1) through (17)) and of the amendments made
thereby if such provisions apply. The description re-
quired under this paragraph may be combined with
the notices of the type described in sections 711(d),
713(b), or 606(a)(1) of the Employee Retirement
Income Security Act of 1974 and with any other no-
tice provision that the appropriate Secretary deter-
mines may be combined, so long as such combina-
tion does not result in any reduction in the informa-
tion that would otherwise be provided to the recipi-
ent.
(19) AVAILABILITY OF ADDITIONAL INFORMA-
TION.—A statement that the information described
in subsection (c), and instructions on obtaining such
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information (including telephone numbers and, if
available, Internet websites), shall be made available
upon request.
(20) 
DESIGNATED
DECISIONMAKERS.—The
name and address of the designated decisionmaker
(or decisionmakers) appointed under paragraph (2)
of section 502(n) of the Employee Retirement In-
come Security Act of 1974 for purposes of such sec-
tion and a description of the participants and bene-
ficiaries with respect to whom each designated deci-
sionmaker under the plan has assumed liability
under section 502(n) of such Act.
(c) ADDITIONAL INFORMATION.—The informational
materials to be provided upon the request of a participant,
beneficiary, or enrollee shall include for each option avail-
able under a group health plan or health insurance cov-
erage the following:
(1) STATUS OF PROVIDERS.—The State licen-
sure status of the plan or issuer’s participating
health care professionals and participating health
care facilities, and, if available, the education, train-
ing, specialty qualifications or certifications of such
professionals.
(2) COMPENSATION
METHODS.—A summary
description by category of the applicable methods
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(such as capitation, fee-for-service, salary, bundled
payments, per diem, or a combination thereof) used
for compensating prospective or treating health care
professionals (including primary care providers and
specialists) and facilities in connection with the pro-
vision of health care under the plan or coverage.
(3) PRESCRIPTION DRUGS.—Information about
whether a specific prescription medication is in-
cluded in the formulary of the plan or issuer, if the
plan or issuer uses a defined formulary.
(4) UTILIZATION REVIEW ACTIVITIES.—A de-
scription of procedures used and requirements (in-
cluding circumstances, timeframes, and appeals
rights) under any utilization review program under
section 101 and section 503A of the Employee Re-
tirement Income Security Act of 1974, including any
drug formulary program under section 118.
(5) EXTERNAL
APPEALS
INFORMATION.—Ag-
gregate information on the number and outcomes of
external medical reviews, relative to the sample size
(such as the number of covered lives) under the plan
or under the coverage of the issuer.
(d) MANNER OF DISCLOSURE.—The information de-
scribed in this section shall be disclosed in an accessible
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medium and format that is calculated to be understood
by a participant or enrollee.
(e) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a group health plan,
or a health insurance issuer in connection with health in-
surance coverage, from—
(1) distributing any other additional informa-
tion determined by the plan or issuer to be impor-
tant or necessary in assisting participants, bene-
ficiaries, and enrollees in the selection of a health
plan or health insurance coverage; and
(2) complying with the provisions of this section
by providing information in brochures, through the
Internet or other electronic media, or through other
similar means, so long as—
(A) the disclosure of such information in
such form is in accordance with requirements
as the appropriate Secretary may impose; and
(B) in connection with any such disclosure
of information through the Internet or other
electronic media—
(i) the recipient has affirmatively con-
sented to the disclosure of such informa-
tion in such form;
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(ii) the recipient is capable of access-
ing the information so disclosed on the re-
cipient’s individual workstation or at the
recipient’s home;
(iii) the recipient retains an ongoing
right to receive paper disclosure of such in-
formation and receives, in advance of any
attempt at disclosure of such information
to him or her through the Internet or
other electronic media, notice in printed
form of such ongoing right and of the
proper software required to view informa-
tion so disclosed; and
(iv) the plan administrator appro-
priately ensures that the intended recipient
is receiving the information so disclosed
and provides the information in printed
form if the information is not received.
Subtitle D—Protecting the Doctor-
Patient Relationship
SEC. 131. PROHIBITION OF INTERFERENCE WITH CERTAIN
MEDICAL COMMUNICATIONS.
(a) GENERAL RULE.—The provisions of any contract
or agreement, or the operation of any contract or agree-
ment, between a group health plan or health insurance
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issuer in relation to health insurance coverage (including
any partnership, association, or other organization that
enters into or administers such a contract or agreement)
and a health care provider (or group of health care pro-
viders) shall not prohibit or otherwise restrict a health
care professional from advising such a participant, bene-
ficiary, or enrollee who is a patient of the professional
about the health status of the individual or medical care
or treatment for the individual’s condition or disease, re-
gardless of whether benefits for such care or treatment
are provided under the plan or coverage, if the professional
is acting within the lawful scope of practice.
(b) NULLIFICATION.—Any contract provision or
agreement that restricts or prohibits medical communica-
tions in violation of subsection (a) shall be null and void.
SEC. 132. PROHIBITION OF DISCRIMINATION AGAINST PRO-
VIDERS BASED ON LICENSURE.
(a) IN GENERAL.—A group health plan, and a health
insurance issuer with respect to health insurance coverage,
shall not discriminate with respect to participation or in-
demnification as to any provider who is acting within the
scope of the provider’s license or certification under appli-
cable State law, solely on the basis of such license or cer-
tification.
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(b) CONSTRUCTION.—Subsection (a) shall not be
construed—
(1) as requiring the coverage under a group
health plan or health insurance coverage of a par-
ticular benefit or service or to prohibit a plan or
issuer from including providers only to the extent
necessary to meet the needs of the plan’s or issuer’s
participants, beneficiaries, or enrollees or from es-
tablishing any measure designed to maintain quality
and control costs consistent with the responsibilities
of the plan or issuer;
(2) to override any State licensure or scope-of-
practice law; or
(3) as requiring a plan or issuer that offers net-
work coverage to include for participation every will-
ing provider who meets the terms and conditions of
the plan or issuer.
SEC. 133. PROHIBITION AGAINST IMPROPER INCENTIVE
ARRANGEMENTS.
(a) IN GENERAL.—A group health plan and a health
insurance issuer offering health insurance coverage may
not operate any physician incentive plan (as defined in
subparagraph (B) of section 1852(j)(4) of the Social Secu-
rity Act) unless the requirements described in clauses (i),
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(ii)(I), and (iii) of subparagraph (A) of such section are
met with respect to such a plan.
(b) APPLICATION.—For purposes of carrying out
paragraph (1), any reference in section 1852(j)(4) of the
Social Security Act to the Secretary, a Medicare+Choice
organization, or an individual enrolled with the organiza-
tion shall be treated as a reference to the applicable au-
thority, a group health plan or health insurance issuer,
respectively, and a participant, beneficiary, or enrollee
with the plan or organization, respectively.
(c) CONSTRUCTION.—Nothing in this section shall be
construed as prohibiting all capitation and similar ar-
rangements or all provider discount arrangements.
SEC. 134. PAYMENT OF CLAIMS.
A group health plan, and a health insurance issuer
offering health insurance coverage, shall provide for
prompt payment of claims submitted for health care serv-
ices or supplies furnished to a participant, beneficiary, or
enrollee with respect to benefits covered by the plan or
issuer, in a manner that is no less protective than the pro-
visions of section 1842(c)(2) of the Social Security Act
(42 U.S.C. 1395u(c)(2)).
SEC. 135. PROTECTION FOR PATIENT ADVOCACY.
(a) PROTECTION FOR USE OF UTILIZATION REVIEW
AND GRIEVANCE PROCESS.—A group health plan, and a
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health insurance issuer with respect to the provision of
health insurance coverage, may not retaliate against a par-
ticipant, beneficiary, enrollee, or health care provider
based on the participant’s, beneficiary’s, enrollee’s or pro-
vider’s use of, or participation in, a utilization review proc-
ess or a grievance process of the plan or issuer (including
an internal or external review or appeal process) under
this title or under sections 503A, 503B, and 503C of the
Employee Retirement Income Security Act of 1974.
(b) PROTECTION
FOR
QUALITY
ADVOCACY
BY
HEALTH CARE PROFESSIONALS.—
(1) IN GENERAL.—A group health plan and a
health insurance issuer may not retaliate or dis-
criminate against a protected health care profes-
sional because the professional in good faith—
(A) discloses information relating to the
care, services, or conditions affecting one or
more participants, beneficiaries, or enrollees of
the plan or issuer to an appropriate public reg-
ulatory agency, an appropriate private accredi-
tation body, or appropriate management per-
sonnel of the plan or issuer; or
(B) initiates, cooperates, or otherwise par-
ticipates in an investigation or proceeding by
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such an agency with respect to such care, serv-
ices, or conditions.
If an institutional health care provider is a partici-
pating provider with such a plan or issuer or other-
wise receives payments for benefits provided by such
a plan or issuer, the provisions of the previous sen-
tence shall apply to the provider in relation to care,
services, or conditions affecting one or more patients
within an institutional health care provider in the
same manner as they apply to the plan or issuer in
relation to care, services, or conditions provided to
one or more participants, beneficiaries, or enrollees;
and for purposes of applying this sentence, any ref-
erence to a plan or issuer is deemed a reference to
the institutional health care provider.
(2) GOOD
FAITH
ACTION.—For purposes of
paragraph (1), a protected health care professional
is considered to be acting in good faith with respect
to disclosure of information or participation if, with
respect to the information disclosed as part of the
action—
(A) the disclosure is made on the basis of
personal knowledge and is consistent with that
degree of learning and skill ordinarily possessed
by health care professionals with the same li-
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censure or certification and the same experi-
ence;
(B) the professional reasonably believes the
information to be true;
(C) the information evidences either a vio-
lation of a law, rule, or regulation, of an appli-
cable accreditation standard, or of a generally
recognized professional or clinical standard or
that a patient is in imminent hazard of loss of
life or serious injury; and
(D) subject to subparagraphs (B) and (C)
of paragraph (3), the professional has followed
reasonable internal procedures of the plan,
issuer, or institutional health care provider es-
tablished for the purpose of addressing quality
concerns before making the disclosure.
(3) EXCEPTION AND SPECIAL RULE.—
(A) GENERAL EXCEPTION.—Paragraph (1)
does not protect disclosures that would violate
Federal or State law or diminish or impair the
rights of any person to the continued protection
of confidentiality of communications provided
by such law.
(B) NOTICE OF INTERNAL PROCEDURES.—
Subparagraph (D) of paragraph (2) shall not
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apply unless the internal procedures involved
are reasonably expected to be known to the
health care professional involved. For purposes
of this subparagraph, a health care professional
is reasonably expected to know of internal pro-
cedures if those procedures have been made
available to the professional through distribu-
tion or posting.
(C) INTERNAL PROCEDURE EXCEPTION.—
Subparagraph (D) of paragraph (2) also shall
not apply if—
(i) the disclosure relates to an immi-
nent hazard of loss of life or serious injury
to a patient;
(ii) the disclosure is made to an ap-
propriate private accreditation body pursu-
ant to disclosure procedures established by
the body; or
(iii) the disclosure is in response to an
inquiry made in an investigation or pro-
ceeding of an appropriate public regulatory
agency and the information disclosed is
limited to the scope of the investigation or
proceeding.
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(4) ADDITIONAL
CONSIDERATIONS.—It shall
not be a violation of paragraph (1) to take an ad-
verse action against a protected health care profes-
sional if the plan, issuer, or provider taking the ad-
verse action involved demonstrates that it would
have taken the same adverse action even in the ab-
sence of the activities protected under such para-
graph.
(5) NOTICE.—A group health plan, health in-
surance issuer, and institutional health care provider
shall post a notice, to be provided or approved by
the Secretary of Labor, setting forth excerpts from,
or summaries of, the pertinent provisions of this
subsection and information pertaining to enforce-
ment of such provisions.
(6) CONSTRUCTIONS.—
(A) DETERMINATIONS
OF
COVERAGE.—
Nothing in this subsection shall be construed to
prohibit a plan or issuer from making a deter-
mination not to pay for a particular medical
treatment or service or the services of a type of
health care professional.
(B) ENFORCEMENT OF PEER REVIEW PRO-
TOCOLS AND INTERNAL PROCEDURES.—Noth-
ing in this subsection shall be construed to pro-
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hibit a plan, issuer, or provider from estab-
lishing and enforcing reasonable peer review or
utilization review protocols or determining
whether a protected health care professional has
complied with those protocols or from estab-
lishing and enforcing internal procedures for
the purpose of addressing quality concerns.
(C) RELATION TO OTHER RIGHTS.—Noth-
ing in this subsection shall be construed to
abridge rights of participants, beneficiaries, en-
rollees, and protected health care professionals
under other applicable Federal or State laws.
(7) PROTECTED HEALTH CARE PROFESSIONAL
DEFINED.—For purposes of this subsection, the
term ‘‘protected health care professional’’ means an
individual who is a licensed or certified health care
professional and who—
(A) with respect to a group health plan or
health insurance issuer, is an employee of the
plan or issuer or has a contract with the plan
or issuer for provision of services for which ben-
efits are available under the plan or issuer; or
(B) with respect to an institutional health
care provider, is an employee of the provider or
has a contract or other arrangement with the
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provider respecting the provision of health care
services.
Subtitle E—Definitions
SEC. 151. DEFINITIONS.
(a) INCORPORATION OF GENERAL DEFINITIONS.—
Except as otherwise provided, the provisions of section
2791 of the Public Health Service Act shall apply for pur-
poses of this title in the same manner as they apply for
purposes of title XXVII of such Act.
(b) SECRETARY.—Except as otherwise provided, the
term ‘‘Secretary’’ means the Secretary of Health and
Human Services, in consultation with the Secretary of
Labor and the term ‘‘appropriate Secretary’’ means the
Secretary of Health and Human Services in relation to
carrying out this title under sections 2706 and 2751 of
the Public Health Service Act and the Secretary of Labor
in relation to carrying out this title under section 714 of
the Employee Retirement Income Security Act of 1974.
(c) ADDITIONAL DEFINITIONS.—For purposes of this
title:
(1) APPLICABLE AUTHORITY.—The term ‘‘ap-
plicable authority’’ means—
(A) in the case of a group health plan, the
Secretary of Health and Human Services and
the Secretary of Labor; and
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(B) in the case of a health insurance issuer
with respect to a specific provision of this title,
the applicable State authority (as defined in
section 2791(d) of the Public Health Service
Act), or the Secretary of Health and Human
Services, if such Secretary is enforcing such
provision 
under 
section 
2722(a)(2) 
or
2761(a)(2) of the Public Health Service Act.
(2) ENROLLEE.—The term ‘‘enrollee’’ means,
with respect to health insurance coverage offered by
a health insurance issuer, an individual enrolled with
the issuer to receive such coverage.
(3) GROUP HEALTH PLAN.—The term ‘‘group
health plan’’ has the meaning given such term in
section 733(a) of the Employee Retirement Income
Security Act of 1974, except that such term includes
a employee welfare benefit plan treated as a group
health plan under section 732(d) of such Act or de-
fined as such a plan under section 607(1) of such
Act.
(4) HEALTH CARE PROFESSIONAL.—The term
‘‘health care professional’’ means an individual who
is licensed, accredited, or certified under State law
to provide specified health care services and who is
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operating within the scope of such licensure, accredi-
tation, or certification.
(5) HEALTH
CARE
PROVIDER.—The term
‘‘health care provider’’ includes a physician or other
health care professional, as well as an institutional
or other facility or agency that provides health care
services and that is licensed, accredited, or certified
to provide health care items and services under ap-
plicable State law.
(6) NETWORK.—The term ‘‘network’’ means,
with respect to a group health plan or health insur-
ance issuer offering health insurance coverage, the
participating health care professionals and providers
through whom the plan or issuer provides health
care items and services to participants, beneficiaries,
or enrollees.
(7) 
NONPARTICIPATING.—The 
term 
‘‘non-
participating’’ means, with respect to a health care
provider that provides health care items and services
to a participant, beneficiary, or enrollee under group
health plan or health insurance coverage, a health
care provider that is not a participating health care
provider with respect to such items and services.
(8) PARTICIPATING.—The term ‘‘participating’’
means, with respect to a health care provider that
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provides health care items and services to a partici-
pant, beneficiary, or enrollee under group health
plan or health insurance coverage offered by a
health insurance issuer, a health care provider that
furnishes such items and services under a contract
or other arrangement with the plan or issuer.
(9) PRIOR AUTHORIZATION.—The term ‘‘prior
authorization’’ means the process of obtaining prior
approval from a health insurance issuer or group
health plan for the provision or coverage of medical
services.
(10) TERMS
AND
CONDITIONS.—The term
‘‘terms and conditions’’ includes, with respect to a
group health plan or health insurance coverage, re-
quirements imposed under this title and sections
503A, 503B, and 503C of the Employee Retirement
Income Security Act of 1974 with respect to the
plan or coverage.
(11) REFERENCES TO PROVISIONS GOVERNING
CONSIDERATION
OF
CLAIMS
AND
APPEALS
OF
CLAIMS DECISIONS.—Any reference in this title to
section 503A, 503B, or 503C of the Employee Re-
tirement Income Security Act of 1974 shall be
deemed, for purposes of the Public Health Service
Act and the Internal Revenue Code of 1986, a ref-
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erence to the provisions of such section as made ap-
plicable under section 2707 or 2753 of the Public
Health Service Act or section 9813 of the Internal
Revenue Code of 1986, as applicable.
SEC. 152. PREEMPTION; STATE FLEXIBILITY; CONSTRUC-
TION.
(a) CONTINUED APPLICABILITY
OF STATE LAW
WITH RESPECT TO HEALTH INSURANCE ISSUERS.—
(1) IN GENERAL.—Subject to paragraph (2),
this title (and the amendments made thereby) shall
not be construed to supersede any provision of State
law which establishes, implements, or continues in
effect any standard or requirement solely relating to
health insurance issuers (in connection with group
health insurance coverage or otherwise) except to the
extent that such standard or requirement prevents
the application of a requirement of this title (or such
amendments).
(2) CONTINUED
PREEMPTION
WITH
RESPECT
TO GROUP HEALTH PLANS.—Nothing in this title (or
the amendments made thereby) shall be construed to
affect or modify the provisions of section 514 of the
Employee Retirement Income Security Act of 1974
with respect to group health plans.
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(3) CONSTRUCTION.—In applying this section,
a State law that provides for equal access to, and
availability of, all categories of licensed health care
providers and services shall not be treated as pre-
venting the application of any requirement of this
title (or the amendments made thereby).
(b) APPLICATION
OF SUBSTANTIALLY COMPLIANT
STATE LAWS.—
(1) IN GENERAL.—In the case of a State law
that imposes, with respect to health insurance cov-
erage offered by a health insurance issuer and with
respect to a group health plan that is a non-Federal
governmental plan, a requirement that substantially
complies (within the meaning of subsection (c)) with
a patient protection requirement (as defined in para-
graph (3)) and does not prevent the application of
other requirements under this Act or the amend-
ments made thereby (except in the case of other sub-
stantially compliant requirements), in applying the
requirements of this title under section 2707 and
2753 (as applicable) of the Public Health Service
Act (as added by title II), subject to subsection
(a)(2)—
(A) the State law shall not be treated as
being superseded under subsection (a); and
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(B) the State law shall apply instead of the
patient protection requirement otherwise appli-
cable with respect to health insurance coverage
and non-Federal governmental plans.
(2) LIMITATION.—In the case of a group health
plan covered under title I of the Employee Retire-
ment Income Security Act of 1974, paragraph (1)
shall be construed to apply only with respect to the
health insurance coverage (if any) offered in connec-
tion with the plan and only with respect to patient
protection requirements under section 101 and sub-
titles B, C, and D and this subtitle.
(3) DEFINITIONS.—In this section:
(A) 
PATIENT
PROTECTION
REQUIRE-
MENT.—The term ‘‘patient protection require-
ment’’ means a requirement under this title (or
the amendments made thereby), and includes
(as a single requirement) a group or related set
of requirements under a section or similar unit
under this title (or such amendments).
(B) 
SUBSTANTIALLY
COMPLIANT.—The
terms ‘‘substantially compliant’’, substantially
complies’’, or ‘‘substantial compliance’’ with re-
spect to a State law, mean that the State law
has the same or similar features as the patient
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protection requirements and has a similar ef-
fect.
(c) DETERMINATIONS
OF SUBSTANTIAL COMPLI-
ANCE.—
(1) CERTIFICATION BY STATES.—A State may
submit to the Secretary a certification that a State
law provides for patient protections that are at least
substantially compliant with one or more patient
protection requirements. Such certification shall be
accompanied by such information as may be re-
quired to permit the Secretary to make the deter-
mination described in paragraph (2)(A).
(2) REVIEW.—
(A) IN
GENERAL.—The Secretary shall
promptly review a certification submitted under
paragraph (1) with respect to a State law to de-
termine if the State law substantially complies
with the patient protection requirement (or re-
quirements) to which the law relates.
(B) APPROVAL DEADLINES.—
(i) INITIAL REVIEW.—Such a certifi-
cation is considered approved unless the
Secretary notifies the State in writing,
within 90 days after the date of receipt of
the certification, that the certification is
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disapproved (and the reasons for dis-
approval) or that specified additional infor-
mation is needed to make the determina-
tion described in subparagraph (A).
(ii) 
ADDITIONAL
INFORMATION.—
With respect to a State that has been noti-
fied by the Secretary under clause (i) that
specified additional information is needed
to make the determination described in
subparagraph (A), the Secretary shall
make the determination within 60 days
after the date on which such specified ad-
ditional information is received by the Sec-
retary.
(3) APPROVAL.—
(A) IN GENERAL.—The Secretary shall ap-
prove a certification under paragraph (1)
unless—
(i) the State fails to provide sufficient
information to enable the Secretary to
make a determination under paragraph
(2)(A); or
(ii) the Secretary determines that the
State law involved does not provide for pa-
tient protections that substantially comply
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with the patient protection requirement (or
requirements) to which the law relates.
(B) STATE CHALLENGE.—A State that has
a certification disapproved by the Secretary
under subparagraph (A) may challenge such
disapproval in the appropriate United States
district court.
(C) DEFERENCE
TO
STATES.—With re-
spect to a certification submitted under para-
graph (1), the Secretary shall give deference to
the State’s interpretation of the State law in-
volved with respect to the patient protection in-
volved.
(D) PUBLIC
NOTIFICATION.—The Sec-
retary shall—
(i) provide a State with a notice of the
determination to approve or disapprove a
certification under this paragraph;
(ii) promptly publish in the Federal
Register a notice that a State has sub-
mitted a certification under paragraph (1);
(iii) promptly publish in the Federal
Register the notice described in clause (i)
with respect to the State; and
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(iv) annually publish the status of all
States with respect to certifications.
(4) CONSTRUCTION.—Nothing in this sub-
section shall be construed as preventing the certifi-
cation (and approval of certification) of a State law
under this subsection solely because it provides for
greater protections for patients than those protec-
tions otherwise required to establish substantial
compliance.
(5) PETITIONS.—
(A) PETITION PROCESS.—Effective on the
date on which the provisions of this Act become
effective, as provided for in section 601, a
group health plan, health insurance issuer, par-
ticipant, beneficiary, or enrollee may submit a
petition to the Secretary for an advisory opinion
as to whether or not a standard or requirement
under a State law applicable to the plan, issuer,
participant, beneficiary, or enrollee that is not
the subject of a certification under this sub-
section, is superseded under subsection (a)(1)
because such standard or requirement prevents
the application of a requirement of this title (or
the amendments made thereby).
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(B) OPINION.—The Secretary shall issue
an advisory opinion with respect to a petition
submitted under subparagraph (A) within the
60-day period beginning on the date on which
such petition is submitted.
(d) DEFINITIONS.—For purposes of this section:
(1) STATE
LAW.—The term ‘‘State law’’ in-
cludes all laws, decisions, rules, regulations, or other
State action having the effect of law, of any State.
A law of the United States applicable only to the
District of Columbia shall be treated as a State law
rather than a law of the United States.
(2) STATE.—The term ‘‘State’’ includes a
State, the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, American Samoa, the North-
ern Mariana Islands, any political subdivisions of
such, or any agency or instrumentality of such.
SEC. 153. EXCLUSIONS.
(a) NO BENEFIT REQUIREMENTS.—Nothing in this
title or the amendments made thereby shall be construed
to require a group health plan or a health insurance issuer
offering health insurance coverage to include specific items
and services under the terms of such a plan or coverage,
other than those provided under the terms and conditions
of such plan or coverage.
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(b) EXCLUSION FROM ACCESS TO CARE MANAGED
CARE PROVISIONS FOR FEE-FOR-SERVICE COVERAGE.—
(1) IN GENERAL.—The provisions of sections
111 through 117 shall not apply to a group health
plan or health insurance coverage if the only cov-
erage offered under the plan or coverage is fee-for-
service coverage (as defined in paragraph (2)).
(2) FEE-FOR-SERVICE
COVERAGE
DEFINED.—
For purposes of this subsection, the term ‘‘fee-for-
service coverage’’ means coverage under a group
health plan or health insurance coverage that—
(A) reimburses hospitals, health profes-
sionals, and other providers on a fee-for-service
basis without placing the provider at financial
risk;
(B) does not vary reimbursement for such
a provider based on an agreement to contract
terms and conditions or the utilization of health
care items or services relating to such provider;
(C) allows access to any provider that is
lawfully authorized to provide the covered serv-
ices and that agrees to accept the terms and
conditions of payment established under the
plan or by the issuer; and
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(D) for which the plan or issuer does not
require prior authorization before providing for
any health care services.
SEC. 154. TREATMENT OF EXCEPTED BENEFITS.
(a) IN GENERAL.—The requirements of this title and
the amendments made thereby shall not apply to excepted
benefits (as defined in section 733(c) of the Employee Re-
tirement Income Security Act of 1974), other than bene-
fits described in section 733(c)(2)(A) of such Act, in the
same manner as the provisions of part 7 of subtitle B of
title I of such Act do not apply to such benefits under
subsections (b) and (c) of section 732 of such Act.
(b) COVERAGE
OF
CERTAIN
LIMITED
SCOPE
PLANS.—Only for purposes of applying the requirements
of this title and sections 503A, 503B, and 503C of the
Employee Retirement Income Security Act of 1974 under
sections 2707 and 2753 of the Public Health Service Act,
sections 503(b) and 714 of the Employee Retirement In-
come Security Act of 1974, and section 9813 of the Inter-
nal Revenue Code of 1986, the following sections shall be
deemed not to apply:
(1) Section 2791(c)(2)(A) of the Public Health
Service Act.
(2) Section 733(c)(2)(A) of the Employee Re-
tirement Income Security Act of 1974.
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(3) Section 9832(c)(2)(A) of the Internal Rev-
enue Code of 1986.
SEC. 155. REGULATIONS.
The Secretaries of Health and Human Services,
Labor, and the Treasury shall issue such regulations as
may be necessary or appropriate to carry out this title and
the amendments made thereby. Such regulations shall be
issued consistent with section 104 of Health Insurance
Portability and Accountability Act of 1996. Such Secre-
taries may promulgate any interim final rules as the Sec-
retaries determine are appropriate to carry out this title
and the amendments made thereby.
SEC. 156. INCORPORATION INTO PLAN OR COVERAGE DOC-
UMENTS.
The requirements of this title and the amendments
made thereby with respect to a group health plan or health
insurance coverage are, subject to section 154, deemed to
be incorporated into, and made a part of, such plan or
the policy, certificate, or contract providing such coverage
and are enforceable under law as if directly included in
the documentation of such plan or such policy, certificate,
or contract.
SEC. 157. PRESERVATION OF PROTECTIONS.
(a) IN GENERAL.—The rights under this Act (includ-
ing the right to maintain a civil action and any other
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rights under the amendments made by this Act) may not
be waived, deferred, or lost pursuant to any agreement
not authorized under this Act (or such amendments).
(b) EXCEPTION.—Subsection (a) shall not apply to
an agreement providing for arbitration or participation in
any other nonjudicial procedure to resolve a dispute if the
agreement is entered into knowingly and voluntarily by the
parties involved after the dispute has arisen or is pursuant
to the terms of a collective bargaining agreement. Nothing
in this subsection shall be construed to permit the waiver
of the requirements of sections 503B and 503C of the Em-
ployee Retirement Income Security Act of 1974 (relating
to internal and external review).
TITLE 
II—APPLICATION 
OF
QUALITY CARE STANDARDS
TO GROUP HEALTH PLANS
AND 
HEALTH 
INSURANCE
COVERAGE UNDER THE PUB-
LIC HEALTH SERVICE ACT
SEC. 201. APPLICATION TO GROUP HEALTH PLANS AND
GROUP HEALTH INSURANCE COVERAGE.
(a) IN GENERAL.—Subpart 2 of part A of title
XXVII of the Public Health Service Act is amended by
adding at the end the following new section:
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‘‘SEC. 2707. PATIENT PROTECTION STANDARDS.
‘‘Each group health plan shall comply with the pa-
tient protection requirements under title I of the Bipar-
tisan Patient Protection Act and sections 503A through
503C of the Employee Retirement Income Security Act
of 1974, and each health insurance issuer shall comply
with such patient protection requirements with respect to
group health insurance coverage it offers, and such re-
quirements shall be deemed to be incorporated into this
subsection.’’.
(b) 
CONFORMING
AMENDMENT.—Section
2721(b)(2)(A) of such Act (42 U.S.C. 300gg–21(b)(2)(A))
is amended by inserting ‘‘(other than section 2707)’’ after
‘‘requirements of such subparts’’.
SEC. 202. APPLICATION TO INDIVIDUAL HEALTH INSUR-
ANCE COVERAGE.
Part B of title XXVII of the Public Health Service
Act is amended by inserting after section 2752 the fol-
lowing new section:
‘‘SEC. 2753. PATIENT PROTECTION STANDARDS.
‘‘Each health insurance issuer shall comply with the
patient protection requirements under title I of the Bipar-
tisan Patient Protection Act and sections 503A through
503C of the Employee Retirement Income Security Act
of 1974 (with respect to enrollees under individual health
insurance coverage in the same manner as they apply to
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participants and beneficiaries under group health insur-
ance coverage) with respect to individual health insurance
coverage it offers, and such requirements shall be deemed
to be incorporated into this subsection.’’.
SEC. 203. COOPERATION BETWEEN FEDERAL AND STATE
AUTHORITIES.
Part C of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg–91 et seq.) is amended by adding
at the end the following:
‘‘SEC. 2793. COOPERATION BETWEEN FEDERAL AND STATE
AUTHORITIES.
‘‘(a) AGREEMENT WITH STATES.—A State may enter
into an agreement with the Secretary for the delegation
to the State of some or all of the Secretary’s authority
under this title to enforce the requirements applicable
under sections 2707 and 2753 with respect to health in-
surance coverage offered by a health insurance issuer and
with respect to a group health plan that is a non-Federal
governmental plan.
‘‘(b) DELEGATIONS.—Any department, agency, or in-
strumentality of a State to which authority is delegated
pursuant to an agreement entered into under this section
may, if authorized under State law and to the extent con-
sistent with such agreement, exercise the powers of the
Secretary under this title which relate to such authority.’’.
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TITLE III—APPLICATION OF PA-
TIENT PROTECTION STAND-
ARDS TO FEDERAL HEALTH
INSURANCE PROGRAMS
SEC. 301. APPLICATION OF PATIENT PROTECTION STAND-
ARDS TO FEDERAL HEALTH INSURANCE PRO-
GRAMS.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that enrollees in Federal health insurance programs
should have the same rights and privileges as those af-
forded under title I, under the amendments made by such
title, and under the amendments made by subtitle A of
title IV to participants and beneficiaries under group
health plans.
(b) CONFORMING FEDERAL HEALTH INSURANCE
PROGRAMS.—It is the sense of Congress that the Presi-
dent should require, by executive order, the Federal offi-
cial with authority over each Federal health insurance pro-
gram, to the extent feasible, to take such steps as are nec-
essary to implement the rights and privileges described in
subsection (a) with respect to such program.
(c) GAO REPORT
ON
ADDITIONAL
STEPS
RE-
QUIRED.—Not later than 1 year after the date of the en-
actment of this Act, the Comptroller General of the United
States shall submit to Congress a report on statutory
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changes that are required to implement such rights and
privileges in a manner that is consistent with the missions
of the Federal health insurance programs and that avoids
unnecessary duplication or disruption of such programs.
(d) FEDERAL HEALTH INSURANCE PROGRAM.—In
this section, the term ‘‘Federal health insurance program’’
means a Federal program that provides creditable cov-
erage (as defined in section 2701(c)(1) of the Public
Health Service Act) and includes a health program of the
Department of Veterans Affairs.
TITLE IV—AMENDMENTS TO THE
EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974
Subtitle A—General Provisions
SEC. 401. APPLICATION OF PATIENT PROTECTION STAND-
ARDS TO GROUP HEALTH PLANS AND GROUP
HEALTH INSURANCE COVERAGE UNDER THE
EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.
Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 is
amended by adding at the end the following new section:
‘‘SEC. 714. PATIENT PROTECTION STANDARDS.
‘‘(a) IN GENERAL.—Subject to subsection (b), a
group health plan (and a health insurance issuer offering
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group health insurance coverage in connection with such
a plan) shall comply with the requirements of section 101
and subtitles B, C, D, and E of title I of the Bipartisan
Patient Protection Act (as in effect as of the date of the
enactment of such Act), and such requirements shall be
deemed to be incorporated into this subsection.
‘‘(b) PLAN SATISFACTION OF CERTAIN REQUIRE-
MENTS.—
‘‘(1) SATISFACTION
OF
CERTAIN
REQUIRE-
MENTS
THROUGH
INSURANCE.—For purposes of
subsection (a), insofar as a group health plan pro-
vides benefits in the form of health insurance cov-
erage through a health insurance issuer, the plan
shall be treated as meeting the following require-
ments of title I of the Bipartisan Patient Protection
Act with respect to such benefits and not be consid-
ered as failing to meet such requirements because of
a failure of the issuer to meet such requirements so
long as the plan sponsor or its representatives did
not cause such failure by the issuer:
‘‘(A) Section 111 (relating to consumer
choice option).
‘‘(B) Section 112 (relating to choice of
health care professional).
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‘‘(C) Section 113 (relating to access to
emergency care).
‘‘(D) Section 114 (relating to timely access
to specialists).
‘‘(E) Section 115 (relating to patient ac-
cess to obstetrical and gynecological care).
‘‘(F) Section 116 (relating to access to pe-
diatric care).
‘‘(G) Section 117 (relating to continuity of
care), but only insofar as a replacement issuer
assumes the obligation for continuity of care.
‘‘(H) Section 118 (relating to access to
needed prescription drugs).
‘‘(I) Section 119 (relating to coverage for
individuals participating in approved clinical
trials).
‘‘(J) Section 120 (relating to required cov-
erage 
for 
minimum 
hospital 
stay 
for
mastectomies and lymph node dissections for
the treatment of breast cancer and coverage for
secondary consultations).
‘‘(K) Section 134 (relating to payment of
claims).
‘‘(2) INFORMATION.—With respect to informa-
tion required to be provided or made available under
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section 121 of the Bipartisan Patient Protection
Act, in the case of a group health plan that provides
benefits in the form of health insurance coverage
through a health insurance issuer, the Secretary
shall determine the circumstances under which the
plan is not required to provide or make available the
information (and is not liable for the issuer’s failure
to provide or make available the information), if the
issuer is obligated to provide and make available (or
provides and makes available) such information.
‘‘(3) APPLICATION TO PROHIBITIONS.—Pursu-
ant to rules of the Secretary, if a health insurance
issuer offers health insurance coverage in connection
with a group health plan and takes an action in vio-
lation of any of the following sections of the Bipar-
tisan Patient Protection Act, the group health plan
shall not be liable for such violation unless the plan
caused such violation:
‘‘(A) Section 131 (relating to prohibition of
interference with certain medical communica-
tions).
‘‘(B) Section 132 (relating to prohibition
of discrimination against providers based on li-
censure).
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‘‘(C) Section 133 (relating to prohibition
against improper incentive arrangements).
‘‘(D) Section 135 (relating to protection
for patient advocacy).
‘‘(4) CONSTRUCTION.—Nothing in this sub-
section shall be construed to affect or modify the re-
sponsibilities of the fiduciaries of a group health
plan under part 4 of subtitle B.
‘‘(5) TREATMENT OF SUBSTANTIALLY COMPLI-
ANT STATE LAWS.—For purposes of applying this
subsection in connection with health insurance cov-
erage, any reference in this subsection to a require-
ment in a section or other provision in the Bipar-
tisan Patient Protection Act with respect to a health
insurance issuer is deemed to include a reference to
a requirement under a State law that substantially
complies (as determined under section 152(c) of
such Act) with the requirement in such section or
other provisions.
‘‘(6) APPLICATION TO CERTAIN PROHIBITIONS
AGAINST RETALIATION.—With respect to compliance
with the requirements of section 135(b)(1) of the Bi-
partisan Patient Protection Act, for purposes of this
subtitle the term ‘group health plan’ is deemed to in-
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clude a reference to an institutional health care pro-
vider.
‘‘(c) ENFORCEMENT OF CERTAIN REQUIREMENTS.—
‘‘(1) COMPLAINTS.—Any protected health care
professional who believes that the professional has
been retaliated or discriminated against in violation
of section 135(b)(1) of the Bipartisan Patient Pro-
tection Act may file with the Secretary a complaint
within 180 days of the date of the alleged retaliation
or discrimination.
‘‘(2) INVESTIGATION.—The Secretary shall in-
vestigate such complaints and shall determine if a
violation of such section has occurred and, if so,
shall issue an order to ensure that the protected
health care professional does not suffer any loss of
position, pay, or benefits in relation to the plan,
issuer, or provider involved, as a result of the viola-
tion found by the Secretary.
‘‘(d) CONFORMING REGULATIONS.—The Secretary
shall issue regulations to coordinate the requirements on
group health plans and health insurance issuers under this
section with the requirements imposed under the other
provisions of this title. In order to reduce duplication and
clarify the rights of participants and beneficiaries with re-
spect to information that is required to be provided, such
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regulations shall coordinate the information disclosure re-
quirements under section 121 of the Bipartisan Patient
Protection Act with the reporting and disclosure require-
ments imposed under part 1, so long as such coordination
does not result in any reduction in the information that
would otherwise be provided to participants and bene-
ficiaries.’’.
(b) SATISFACTION OF ERISA CLAIMS PROCEDURE
REQUIREMENT.—Section 503 of such Act (29 U.S.C.
1133) is amended by inserting ‘‘(a)’’ after ‘‘SEC. 503.’’
and by adding at the end the following new subsection:
‘‘(b)(1)(A) Subject to subparagraphs (B) and (C), a
group health plan (and a health insurance issuer offering
group health insurance coverage in connection with such
a plan) shall comply with the requirements of sections
503A, 503B, and 503C, and such requirements shall be
deemed to be incorporated into this subsection.
‘‘(B) With respect to the internal appeals process re-
quired to be established under section 503B, in the case
of a group health plan that provides benefits in the form
of health insurance coverage through a health insurance
issuer, the Secretary shall determine the circumstances
under which the plan is not required to provide for such
process and system (and is not liable for the issuer’s fail-
ure to provide for such process and system), if the issuer
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is obligated to provide for (and provides for) such process
and system.
‘‘(C) Pursuant to rules of the Secretary, insofar as
a group health plan enters into a contract with a qualified
external review entity for the conduct of external appeal
activities in accordance with section 503C, the plan shall
be treated as meeting the requirement of such section and
is not liable for the entity’s failure to meet any require-
ments under such section.
‘‘(2) In the case of a group health plan, compliance
with the requirements of sections 503A, 503B, and 503C,
and compliance with regulations promulgated by the Sec-
retary, in connection with a denial of a claim under a
group health plan shall be deemed compliance with sub-
section (a) with respect to such claim denial.
‘‘(3) Terms used in this subsection which are defined
in section 733 shall have the meanings provided such
terms in such section.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 732(a)
of such Act (29 U.S.C. 1185(a)) is amended by striking
‘‘section 711’’ and inserting ‘‘sections 711 and 714’’.
(2) The table of contents in section 1 of such Act
is amended by inserting after the item relating to section
713 the following new item:
‘‘Sec. 714. Patient protection standards.’’.