otherwise may be brought by a participant or beneficiary 
under State or Federal law.. 
‘‘(c) APPLICABILITY.—An issue as to whether this 
section applies with respect to a dispute shall be deter-
mined under Federal law. The applicability of this section 
to an agreement to arbitrate and the validity and enforce-
ability of an agreement to which this section applies shall 
be determined by a court, rather than an arbitrator, irre-
spective of whether the party resisting arbitration chal-
lenges the arbitration agreement specifically or in conjunc-
tion with other terms of the contract containing such 
agreement, and irrespective of whether the agreement pur-
ports to delegate such determinations to an arbitrator.’’. 
(b) ERISA.— 
(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 726. PROHIBITION ON INCLUSION OF CERTAIN RE-
QUIREMENTS IN HEALTH INSURANCE CON-
TRACTS. 
‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR-
BITRATION.—A group health plan or a health insurance 
issuer offering group or individual health insurance cov-
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erage may not include in any plan provision, agreement, 
or arrangement, any predispute arbitration clause that re-
quires the arbitration of any claim relating to such plan 
or coverage that otherwise may be brought by a partici-
pant or beneficiary under State or Federal law. Any such 
provisions requiring predispute arbitration shall have no 
force or effect. 
‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC-
TIONS.—A group or individual health plan or a health in-
surance issuer offering group health insurance coverage 
may not include any limitation on the ability of a partici-
pant or beneficiary of such plan or coverage to engage in 
a class action lawsuit relating to the administration of 
such plan or coverage that otherwise may be brought by 
a participant or beneficiary under State or Federal law. 
‘‘(c) APPLICABILITY.—An issue as to whether this 
section applies with respect to a dispute shall be deter-
mined under Federal law. The applicability of this section 
to an agreement to arbitrate and the validity and enforce-
ability of an agreement to which this section applies shall 
be determined by a court, rather than an arbitrator, irre-
spective of whether the party resisting arbitration chal-
lenges the arbitration agreement specifically or in conjunc-
tion with other terms of the contract containing such 
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agreement, and irrespective of whether the agreement pur-
ports to delegate such determinations to an arbitrator.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1 of such Act is amended by adding 
at the end the following new item: 
‘‘Sec. 726. Prohibition on inclusion of certain requirements in health insurance 
contracts.’’. 
(c) IRC.— 
(1) IN
GENERAL.—Subchapter B of chapter 
100 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new section: 
‘‘SEC. 9826. PROHIBITION ON INCLUSION OF CERTAIN RE-
QUIREMENTS IN HEALTH INSURANCE CON-
TRACTS. 
‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR-
BITRATION.—A group health plan or health insurance 
issuer offering group or individual health insurance cov-
erage may not include in any plan provision, agreement, 
or arrangement, any predispute arbitration clause that re-
quires the arbitration of any claim relating to such plan 
or coverage that otherwise may be brought by a partici-
pant or beneficiary under State or Federal law. Any such 
provisions requiring predispute arbitration shall have no 
force or effect. 
‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC-
TIONS.—A group health plan or a health insurance issuer 
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offering group or individual health insurance coverage 
may not include any limitation on the ability of a partici-
pant or beneficiary of such plan or coverage to engage in 
a class action lawsuit relating to the administration of 
such plan or coverage that otherwise may be brought by 
a participant or beneficiary under State or Federal law. 
‘‘(c) APPLICABILITY.—An issue as to whether this 
section applies with respect to a dispute shall be deter-
mined under Federal law. The applicability of this section 
to an agreement to arbitrate and the validity and enforce-
ability of an agreement to which this section applies shall 
be determined by a court, rather than an arbitrator, irre-
spective of whether the party resisting arbitration chal-
lenges the arbitration agreement specifically or in conjunc-
tion with other terms of the contract containing such 
agreement, and irrespective of whether the agreement pur-
ports to delegate such determinations to an arbitrator.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such subchapter is amended by adding at 
the end the following new item: 
‘‘Sec. 9826. Prohibition on inclusion of certain requirements in health insur-
ance contracts.’’. 
Æ 
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