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 shall be construed to require a group health plan or 
a health insurance issuer offering health insurance cov-
erage to include specific items and services (including 
abortions) under the terms of such plan or coverage, other 
than those provided under the terms of such plan or cov-
erage. 
(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- 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
service coverage’’ means coverage under a group 
health plan or health insurance coverage that— 
(A) reimburses hospitals, health profes-
sionals, and other providers on the basis of a 
rate determined by the plan or issuer 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) does not restrict the selection of pro-
viders among those who are lawfully authorized 
to provide the covered services and agree to ac-
cept the terms and conditions of payment estab-
lished under the plan or by the issuer; and 
(D) for which the plan or issuer does not 
require prior authorization before providing cov-
erage for any services. 
SEC. 154. COVERAGE OF LIMITED SCOPE PLANS. 
Only for purposes of applying the requirements of 
this title under sections 2707 and 2753 of the Public 
Health Service Act and section 714 of the Employee Re-
tirement 
Income 
Security 
Act 
of 
1974, 
section 
2791(c)(2)(A), and section 733(c)(2)(A) of the Employee 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
Retirement Income Security Act of 1974 shall be deemed 
not to apply. 
SEC. 155. REGULATIONS. 
The Secretaries of Health and Human Services and 
Labor shall issue such regulations as may be necessary 
or appropriate to carry out this title. Such regulations 
shall be issued consistent with section 104 of Health In-
surance Portability and Accountability Act of 1996. Such 
Secretaries may promulgate any interim final rules as the 
Secretaries determine are appropriate to carry out this 
title. 
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: 
‘‘SEC. 2707. PATIENT PROTECTION STANDARDS. 
‘‘(a) IN GENERAL.—Each group health plan shall 
comply with patient protection requirements under title I 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
of the Bipartisan Consensus Managed Care Improvement 
Act of 2007, and each health insurance issuer shall comply 
with patient protection requirements under such title with 
respect to group health insurance coverage it offers, and 
such requirements shall be deemed to be incorporated into 
this subsection. 
‘‘(b) NOTICE.—A group health plan shall comply with 
the notice requirement under section 711(d) of the Em-
ployee Retirement Income Security Act of 1974 with re-
spect to the requirements referred to in subsection (a) and 
a health insurance issuer shall comply with such notice 
requirement as if such section applied to such issuer and 
such issuer were a group health plan.’’. 
(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. 
‘‘(a) IN GENERAL.—Each health insurance issuer 
shall comply with patient protection requirements under 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
title I of the Bipartisan Consensus Managed Care Im-
provement Act of 2007 with respect to individual health 
insurance coverage it offers, and such requirements shall 
be deemed to be incorporated into this subsection. 
‘‘(b) NOTICE.—A health insurance issuer under this 
part shall comply with the notice requirement under sec-
tion 711(d) of the Employee Retirement Income Security 
Act of 1974 with respect to the requirements of such title 
as if such section applied to such issuer and such issuer 
were a group health plan.’’. 
TITLE 
III—AMENDMENTS 
TO 
THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 
1974 
SEC. 301. APPLICATION OF PATIENT PROTECTION STAND-
ARDS TO GROUP HEALTH PLANS AND GROUP 
HEALTH INSURANCE COVERAGE UNDER THE 
EMPLOYEE RETIREMENT INCOME SECURITY 
ACT OF 1974. 
(a) 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 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
group health insurance coverage in connection with such 
a plan) shall comply with the requirements of title I of 
the Bipartisan Consensus Managed Care Improvement 
Act of 2007 (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 Consensus Man-
aged Care Improvement Act of 2007 with respect to 
such benefits and not be considered 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 112 (relating to choice of pro-
viders). 
‘‘(B) Section 113 (relating to access to 
emergency care). 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
is not liable for the entity’s failure to meet any re-
quirements under such section. 
‘‘(5) 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, the group 
health plan shall not be liable for such violation un-
less 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). 
‘‘(C) Section 133 (relating to prohibition 
against improper incentive arrangements). 
‘‘(D) Section 135 (relating to protection 
for patient advocacy). 
‘‘(6) 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. 
‘‘(7) APPLICATION TO CERTAIN PROHIBITIONS 
AGAINST RETALIATION.—With respect to compliance 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
with the requirements of section 135(b)(1) of the Bi-
partisan Consensus Managed Care Improvement Act 
of 2007, for purposes of this subtitle the term 
‘group health plan’ is deemed to include a reference 
to an institutional health care provider. 
‘‘(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 Consensus 
Managed Care Improvement Act of 2007 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 
may issue regulations to coordinate the requirements on 
group health plans under this section with the require-
ments imposed under the other provisions of this title.’’. 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
(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) In the case of a group health plan (as defined 
in section 733) compliance with the requirements of sub-
title A of title I of the Bipartisan Consensus Managed 
Care Improvement Act of 2007 in the case of a claims 
denial shall be deemed compliance with subsection (a) with 
respect to such claims denial.’’. 
(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.’’. 
(3) Section 502(b)(3) of such Act (29 U.S.C. 
1132(b)(3)) is amended by inserting ‘‘(other than section 
135(b) of the Bipartisan Consensus Managed Care Im-
provement Act of 2007, as incorporated into this sub-
section under section 714 of this Act)’’ after ‘‘part 7’’. 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
SEC. 302. ERISA PREEMPTION NOT TO APPLY TO CERTAIN 
ACTIONS INVOLVING HEALTH INSURANCE 
POLICYHOLDERS. 
(a) IN GENERAL.—Section 514 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1144) 
is amended by adding at the end the following subsection: 
‘‘(f) PREEMPTION NOT TO APPLY TO CERTAIN AC-
TIONS ARISING OUT OF PROVISION OF HEALTH BENE-
FITS.— 
‘‘(1) NON-PREEMPTION OF CERTAIN CAUSES OF 
ACTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
this subsection, nothing in this title shall be 
construed to invalidate, impair, or supersede 
any cause of action by a participant or bene-
ficiary (or the estate of a participant or bene-
ficiary) under State law to recover damages re-
sulting from personal injury or for wrongful 
death against any person— 
‘‘(i) in connection with the provision 
of insurance, administrative services, or 
medical services by such person to or for 
a group health plan as defined in section 
733), or 
‘‘(ii) that arises out of the arrange-
ment by such person for the provision of 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
such insurance, administrative services, or 
medical services by other persons. 
‘‘(B) LIMITATION
ON
PUNITIVE
DAM-
AGES.—The plan or issuer is not liable for any 
punitive, exemplary, or similar damages in the 
case of a cause of action brought under sub-
paragraph (A) if— 
‘‘(i) it relates to an externally appeal-
able decision (as defined in subsection 
(a)(2) of section 103 of the Bipartisan 
Consensus Managed Care Improvement 
Act of 2007); 
‘‘(ii) an external appeal with respect 
to such decision was completed under such 
section 103; 
‘‘(iii) in the case such external appeal 
was initiated by the plan or issuer filing 
the request for the external appeal, the re-
quest was filed on a timely basis before the 
date the action was brought or, if later, 
within 30 days after the date the exter-
nally appealable decision was made; and 
‘‘(iv) the plan or issuer complied with 
the determination of the external appeal 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
entity upon receipt of the determination of 
the external appeal entity. 
The provisions of this subparagraph supersede 
any State law or common law to the contrary. 
‘‘(C) PERSONAL
INJURY
DEFINED.—For 
purposes of this subsection, the term ‘personal 
injury’ means a physical injury and includes an 
injury arising out of the treatment (or failure 
to treat) a mental illness or disease. 
‘‘(2) EXCEPTION FOR EMPLOYERS AND OTHER 
PLAN SPONSORS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), paragraph (1) does not authorize— 
‘‘(i) any cause of action against an 
employer or other plan sponsor maintain-
ing the group health plan (or against an 
employee of such an employer or sponsor 
acting within the scope of employment), or 
‘‘(ii) a right of recovery or indemnity 
by a person against an employer or other 
plan sponsor (or such an employee) for 
damages assessed against the person pur-
suant to a cause of action under paragraph 
(1). 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
100 
‘‘(B) SPECIAL RULE.—Subparagraph (A) 
shall not preclude any cause of action described 
in paragraph (1) against an employer or other 
plan sponsor (or against an employee of such 
an employer or sponsor acting within the scope 
of employment) if— 
‘‘(i) such action is based on the em-
ployer’s or other plan sponsor’s (or em-
ployee’s) exercise of discretionary authority 
to make a decision on a claim for benefits 
covered under the plan or health insurance 
coverage in the case at issue; and 
‘‘(ii) the exercise by such employer or 
other plan sponsor (or employee) of such 
authority resulted in personal injury or 
wrongful death. 
‘‘(C) EXCEPTION.—The exercise of discre-
tionary authority described in subparagraph 
(B)(i) shall not be construed to include— 
‘‘(i) the decision to include or exclude 
from the plan any specific benefit; 
‘‘(ii) any decision to provide extra-con-
tractual benefits; or 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
101 
‘‘(iii) any decision not to consider the 
provision of a benefit while internal or ex-
ternal review is being conducted. 
‘‘(3) FUTILITY OF EXHAUSTION.—An individual 
bringing an action under this subsection is not re-
quired to exhaust administrative processes under 
section 102 or 103 of the Bipartisan Consensus 
Managed Care Improvement Act of 2007 where the 
injury to or death of such individual has occurred 
before the completion of such processes. 
‘‘(4) CONSTRUCTION.—Nothing in this sub-
section shall be construed as— 
‘‘(A) permitting a cause of action under 
State law for the failure to provide an item or 
service which is specifically excluded under the 
group health plan involved; or 
‘‘(B) as preempting a State law which re-
quires an affidavit or certificate of merit in a 
civil action.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to acts and omissions occurring 
on or after the date of the enactment of this Act from 
which a cause of action arises. 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
102 
TITLE 
IV—APPLICATION 
TO 
GROUP 
HEALTH 
PLANS 
UNDER THE INTERNAL REV-
ENUE CODE OF 1986 
SEC. 401. AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986. 
(a) IN GENERAL.—Subchapter B of chapter 100 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following: 
‘‘SEC. 9813. STANDARD RELATING TO PATIENT FREEDOM 
OF CHOICE. 
‘‘A group health plan shall comply with the require-
ments of title I of the Bipartisan Consensus Managed 
Care Improvement Act of 2007 (as in effect as of the date 
of the enactment of such Act), and such requirements 
shall be deemed to be incorporated into this section.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions of such subchapter is amended by adding at the end 
the following new item: 
‘‘Sec. 9813. Standard relating to patient freedom of choice.’’. 
TITLE V—EFFECTIVE DATES; CO-
ORDINATION IN IMPLEMEN-
TATION 
SEC. 501. EFFECTIVE DATES. 
(a) GROUP HEALTH COVERAGE.— 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
103 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by sections 201(a), 301, and 
401 (and title I insofar as it relates to such sections) 
shall apply with respect to group health plans, and 
health insurance coverage offered in connection with 
group health plans, for plan years beginning on or 
after January 1, 2008 (in this section referred to as 
the ‘‘general effective date’’) and also shall apply to 
portions of plan years occurring on and after such 
date. 
(2) TREATMENT OF COLLECTIVE BARGAINING 
AGREEMENTS.—In the case of a group health plan 
maintained pursuant to 1 or more collective bar-
gaining agreements between employee representa-
tives and 1 or more employers ratified before the 
date of enactment of this Act, the amendments made 
by sections 201(a), 301, and 401 (and title I insofar 
as it relates to such sections) shall not apply to plan 
years beginning before the later of— 
(A) the date on which the last collective 
bargaining agreements relating to the plan ter-
minates (determined without regard to any ex-
tension thereof agreed to after the date of en-
actment of this Act), or 
(B) the general effective date. 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
104 
For purposes of subparagraph (A), any plan amend-
ment made pursuant to a collective bargaining 
agreement relating to the plan which amends the 
plan solely to conform to any requirement added by 
this Act shall not be treated as a termination of 
such collective bargaining agreement. 
(b) INDIVIDUAL HEALTH INSURANCE COVERAGE.— 
The amendments made by section 202 shall apply with 
respect to individual health insurance coverage offered, 
sold, issued, renewed, in effect, or operated in the indi-
vidual market on or after the general effective date. 
SEC. 502. COORDINATION IN IMPLEMENTATION. 
The Secretary of Labor, the Secretary of Health and 
Human Services, and the Secretary of the Treasury shall 
ensure, through the execution of an interagency memo-
randum of understanding among such Secretaries, that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which such Secretaries have responsibility 
under the provisions of this Act (and the amend-
ments made thereby) are administered so as to have 
the same effect at all times; and 
(2) coordination of policies relating to enforcing 
the same requirements through such Secretaries in 
order to have a coordinated enforcement strategy 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
105 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
TITLE VI—HEALTH CARE 
PAPERWORK SIMPLIFICATION 
SEC. 601. HEALTH CARE PAPERWORK SIMPLIFICATION. 
(a) ESTABLISHMENT OF PANEL.— 
(1) ESTABLISHMENT.—There is established a 
panel to be known as the Health Care Panel to De-
vise a Uniform Explanation of Benefits (in this sec-
tion referred to as the ‘‘Panel’’). 
(2) DUTIES OF PANEL.— 
(A) IN GENERAL.—The Panel shall devise 
a single form for use by third-party health care 
payers for the remittance of claims to providers. 
(B) DEFINITION.—For purposes of this 
section, the term ‘‘third-party health care 
payer’’ means any entity that contractually 
pays health care bills for an individual. 
(3) MEMBERSHIP.— 
(A) SIZE
AND
COMPOSITION.—The Sec-
retary of Health and Human Services shall de-
termine the number of members and the com-
position of the Panel. Such Panel shall include 
equal numbers of representatives of private in-
surance organizations, consumer groups, State 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
106 
insurance commissioners, State medical soci-
eties, State hospital associations, and State 
medical specialty societies. 
(B) TERMS OF APPOINTMENT.—The mem-
bers of the Panel shall serve for the life of the 
Panel. 
(C) VACANCIES.—A vacancy in the Panel 
shall not affect the power of the remaining 
members to execute the duties of the Panel, but 
any such vacancy shall be filled in the same 
manner in which the original appointment was 
made. 
(4) PROCEDURES.— 
(A) MEETINGS.—The Panel shall meet at 
the call of a majority of its members. 
(B) FIRST
MEETING.—The Panel shall 
convene not later than 60 days after the date 
of the enactment of the Bipartisan Consensus 
Managed Care Improvement Act of 2007. 
(C) QUORUM.—A quorum shall consist of 
a majority of the members of the Panel. 
(D) HEARINGS.—For the purpose of car-
rying out its duties, the Panel may hold such 
hearings and undertake such other activities as 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
107 
the Panel determines to be necessary to carry 
out its duties. 
(5) ADMINISTRATION.— 
(A) COMPENSATION.—Except as provided 
in subparagraph (B), members of the Panel 
shall receive no additional pay, allowances, or 
benefits by reason of their service on the Panel. 
(B) TRAVEL EXPENSES AND PER DIEM.— 
Each member of the Panel who is not an officer 
or employee of the Federal Government shall 
receive travel expenses and per diem in lieu of 
subsistence in accordance with sections 5702 
and 5703 of title 5, United States Code. 
(C) CONTRACT
AUTHORITY.—The Panel 
may contract with and compensate government 
and private agencies or persons for items and 
services, without regard to section 3709 of the 
Revised Statutes (41 U.S.C. 5). 
(D) USE OF MAILS.—The Panel may use 
the United States mails in the same manner 
and under the same conditions as Federal agen-
cies and shall, for purposes of the frank, be 
considered a commission of Congress as de-
scribed in section 3215 of title 39, United 
States Code. 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS
108 
(E) 
ADMINISTRATIVE
SUPPORT
SERV-
ICES.—Upon the request of the Panel, the Sec-
retary of Health and Human Services shall pro-
vide to the Panel on a reimbursable basis such 
administrative support services as the Panel 
may request. 
(6) SUBMISSION OF FORM.—Not later than 2 
years after the first meeting, the Panel shall submit 
a form to the Secretary of Health and Human Serv-
ices for use by third-party health care payers. 
(7) TERMINATION.—The Panel shall terminate 
on the day after submitting the form under para-
graph (6). 
(b) REQUIREMENT FOR USE OF FORM BY THIRD- 
PARTY CARE PAYERS.—A third-party health care payer 
shall be required to use the form devised under subsection 
(a) for plan years beginning on or after 5 years following 
the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
22:40 Feb 28, 2007
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6301
E:\BILLS\H979.IH
H979
pwalker on PROD1PC71 with BILLS