I
106TH CONGRESS
1ST SESSION
H. R. 991
To amend the Public Health Service Act and other laws to apply the health
insurance portability requirements applicable to group health plans to
students covered under college-sponsored health plans.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1999
Mr. COSTELLO (for himself, Mr. OBERSTAR, Mr. NADLER, Mr. BENTSEN, Mr.
FROST, Mr. MCGOVERN, Mr. FORD, Mrs. CHRISTIAN-CHRISTENSEN, Mr.
LIPINSKI, Ms. SCHAKOWSKY, Mrs. MINK of Hawaii, Mr. SANDLIN, Mr.
MEEKS of New York, Mr. LAFALCE, Mr. SANDERS, Mr. SHOWS, Mr.
BALDACCI, Mr. BLAGOJEVICH, Mr. HALL of Ohio, Mr. RUSH, Mr.
BONIOR, Mr. GEORGE MILLER of California, Mr. KENNEDY of Rhode Is-
land, Mr. LAHOOD, Mr. BARRETT of Wisconsin, Mr. WYNN, Mr. SABO,
and Mr. KLECZKA) introduced the following bill; which was referred to
the Committee on Commerce, and in addition to the Committees on Edu-
cation and the Workforce, and Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Public Health Service Act and other laws
to apply the health insurance portability requirements
applicable to group health plans to students covered
under college-sponsored health plans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Student Health Insur-
ance Portability Protection Act of 1999’’.
SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PRO-
TECTIONS TO STUDENTS UNDER COLLEGE-
SPONSORED HEALTH PLANS.
(a) IN GENERAL.—Title XXVII of the Public Health
Service Act is amended by inserting after section 2723 the
following new section:
‘‘SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS
TO STUDENTS UNDER COLLEGE-SPONSORED
HEALTH PLANS.
‘‘(a) IN GENERAL.—Subject to the succeeding provi-
sions of this section, the provisions of subpart 1 shall
apply to health insurance coverage offered in connection
with a college-sponsored health plan (as defined in sub-
section (b)) in the same manner as they apply to health
insurance coverage offered in connection with a group
health plan.
‘‘(b) COLLEGE-SPONSORED
HEALTH
PLAN
DE-
FINED.—For purposes of this section, the term ‘college-
sponsored health plan’ means health benefits offered by
or through an institution of higher education (as defined
in section 481(a) of the Higher Education Act of 1965
(20 U.S.C. 1088(a))) in relation to students at the institu-
tion, but does not include benefits offered to such a stu-
dent as a participant or beneficiary in a group health plan.
‘‘(c) APPLICATION OF EXCEPTIONS, ENFORCEMENT,
PREEMPTION; DEFINITIONS.—In applying subsection
(a)—
‘‘(1) subject to paragraph (2), the previous pro-
visions of this subpart shall apply in relation to such
subsection in the same manner as they apply in rela-
tion to subpart 1; and
‘‘(2) in applying the other provisions of this
title under this section—
‘‘(A) any reference in such provisions to a
group health plan is deemed a reference to a
college-sponsored health plan;
‘‘(B) any reference in such provisions to a
participant or beneficiary in a group health
plan is deemed a reference to an enrollee in a
college-sponsored health plan; and
‘‘(C) any reference in such provisions to an
employee in relation to the group health plan is
deemed a reference to a student in relation to
the college-sponsored health plan.’’.
(b) CLARIFICATION OF COVERAGE UNDER COLLEGE-
SPONSORED
HEALTH
PLAN
AS
CREDITABLE
COV-
ERAGE.—
(1) AMENDMENT TO PUBLIC HEALTH SERVICE
ACT.—Section 2701(c)(1)(B) of the Public Health
Service Act (42 U.S.C. 300gg(c)(1)(B)) is amended
by inserting ‘‘(including such coverage under a col-
lege-sponsored health plan, as defined in section
2724(b))’’ after ‘‘coverage’’.
(2) AMENDMENT TO EMPLOYEE RETIREMENT
INCOME
SECURITY
ACT
OF
1974.—Section
701(c)(1)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is
amended by inserting ‘‘(including such coverage
under a college-sponsored health plan, as defined in
section 2724(b) of the Public Health Service Act)’’
after ‘‘coverage’’.
(3) AMENDMENT TO THE INTERNAL REVENUE
CODE OF 1986.—Section 9801(c)(1)(B) of the Inter-
nal Revenue Code of 1986 is amended by inserting
‘‘(including such coverage under a college-sponsored
health plan, as defined in section 2724(b) of the
Public Health Service Act)’’ after ‘‘coverage’’.
(c) EFFECTIVE DATE; TRANSITION.—
(1) IN
GENERAL.—The amendment made by
subsection (a) apply to coverage under college-spon-
sored health plans for students matriculating or en-
rolling for periods beginning on or after August 1,