SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cancer Drug Coverage 
Parity Act of 2009’’. 
SEC. 2. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. 
(a) GROUP HEALTH PLANS.— 
(1) ERISA.— 
(A) The Employee Retirement Income Se-
curity Act of 1974 is amended by inserting 
after section 714 the following new section: 
‘‘SEC. 715. PARITY IN COVERAGE FOR ORAL CANCER 
DRUGS. 
‘‘(a) IN GENERAL.—A group health plan, and a 
health insurance issuer providing health insurance cov-
erage in connection with a group health plan, that provides 
benefits with respect to intravenously administered or in-
jected cancer medications shall provide for no less favor-
able 
coverage 
for 
prescribed, 
orally 
administered 
anticancer medication used to kill or slow the growth of 
cancerous cells. The coverage for such medication may be 
subject to annual deductibles and coinsurance provisions 
as may be applicable to intravenously administered or in-
jected cancer medications under the plan or coverage. 
Written notice of the availability of such coverage shall 
be delivered to participants upon enrollment and annually 
thereafter. 
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‘‘(b) APPLICATION
OF
NOTICE, PROHIBITIONS, 
ETC.—The provisions of subsections (b), (c), (d), and 
(e)(2) of section 713 shall apply with respect to the cov-
erage required by subsection (a) in the same manner as 
they apply with respect to the coverage required under 
such section.’’. 
(B) The table of contents of such Act is 
amended by inserting after the item relating to 
section 714 the following new item: 
‘‘Sec. 715. Parity in coverage for oral cancer drugs.’’. 
(2) PHSA.—Title XXVII of the Public Health 
Service Act is amended by inserting after section 
2707 the following new section: 
‘‘SEC. 2708. PARITY IN COVERAGE FOR ORAL CANCER 
DRUGS. 
‘‘(a) IN GENERAL.—A group health plan, and a 
health insurance issuer providing health insurance cov-
erage in connection with a group health plan, that provides 
benefits with respect to intravenously administered or in-
jected cancer medications shall provide for no less favor-
able 
coverage 
for 
prescribed, 
orally 
administered 
anticancer medication used to kill or slow the growth of 
cancerous cells. The coverage for such medication may be 
subject to annual deductibles and coinsurance provisions 
as may be applicable to intravenously administered or in-
jected cancer medications under the plan or coverage. 
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Written notice of the availability of such coverage shall 
be delivered to participants upon enrollment and annually 
thereafter. 
‘‘(b) APPLICATION
OF
NOTICE, PROHIBITIONS, 
ETC.—The provisions of subsections (b), (c), (d), and 
(e)(2) of section 713 of the Employee Retirement Income 
Security Act of 1974 shall apply with respect to the cov-
erage required by subsection (a) in the same manner as 
they apply with respect to the coverage required under 
such section.’’. 
(3) IRC.— 
(A) Subchapter B of chapter 100 of the 
Internal Revenue Code of 1986 is amended by 
adding at the end the following new section: 
‘‘SEC. 9813. PARITY IN COVERAGE FOR ORAL CANCER 
DRUGS. 
‘‘(a) IN GENERAL.—A group health plan that pro-
vides benefits with respect to intravenously administered 
or injected cancer medications shall provide for no less fa-
vorable coverage for prescribed, orally administered 
anticancer medication used to kill or slow the growth of 
cancerous cells. The coverage for such medication may be 
subject to annual deductibles and coinsurance provisions 
as may be applicable to intravenously administered or in-
jected cancer medications under the plan. Written notice 
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of the availability of such coverage shall be delivered to 
participants upon enrollment and annually thereafter. 
‘‘(b) APPLICATION
OF
NOTICE, PROHIBITIONS, 
ETC.—The provisions of subsections (b), (c), (d), and 
(e)(2) of section 713 of the Employee Retirement Income 
Security Act of 1974 shall apply with respect to the cov-
erage required by subsection (a) in the same manner as 
they apply with respect to the coverage required under 
such section.’’. 
(B) The table of sections for such sub-
chapter is amended by adding at the end the 
following new item: 
‘‘9813. Parity in coverage for oral cancer drugs.’’. 
(b) INDIVIDUAL HEALTH INSURANCE COVERAGE.— 
Title XXVII of the Public Health Service Act is amended 
by inserting after section 2753 the following new section: 
‘‘SEC. 2754. PARITY IN COVERAGE FOR ORAL CANCER 
DRUGS. 
‘‘The provisions of section 2708 shall apply to health 
insurance coverage offered by a health insurance issuer 
in the individual market in the same manner as they apply 
to health insurance coverage offered by a health insurance 
issuer in connection with a group health plan in the small 
or large group market.’’. 
(c) EFFECTIVE DATE.— 
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(1) GROUP HEALTH PLANS.—The amendments 
made by subsection (a) shall apply with respect to 
group health plans for plan years beginning after the 
date that is 1 year after the date of enactment of 
this Act. 
(2) INDIVIDUAL
HEALTH
INSURANCE
COV-
ERAGE.—The amendment made by subsection (b) 
shall apply with respect to health insurance coverage 
offered, sold, issued, renewed, in effect, or operated 
in the individual market after the date that is 1 year 
after the date of enactment of this Act. 
Æ 
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