for that period, it is medically inadvis-
able to attempt to satisfy the other-
wise applicable standard. 
‘‘(ii) If reasonable under the cir-
cumstances, the plan or issuer may seek 
verification, such as a statement from an 
individual’s physician, that a health status 
factor makes it unreasonably difficult or 
medically inadvisable for the individual to 
satisfy or attempt to satisfy the otherwise 
applicable standard. 
‘‘(E) The plan or issuer involved shall dis-
close in all plan materials describing the terms 
of the wellness program the availability of a 
reasonable alternative standard (or the possi-
bility of waiver of the otherwise applicable 
standard) required under subparagraph (D). If 
plan materials disclose that such a program is 
available, without describing its terms, the dis-
closure under this subparagraph shall not be re-
quired. 
‘‘(g) EXISTING PROGRAMS.—Nothing in this section 
shall prohibit a program of health promotion or disease 
prevention that was established prior to the date of enact-
ment of this section and applied with all applicable regula-
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tions, and that is operating on such date, from continuing 
to be carried out for as long as such regulations remain 
in effect. 
‘‘(h) REGULATIONS.—Nothing in this section shall be 
construed as prohibiting the Secretaries of Labor, Health 
and Human Services, or the Treasury from promulgating 
regulations in connection with this section.’’. 
(b) INDIVIDUAL MARKET.—Subject to section 6(a) of 
this Act, subpart 1 of part B of title XXVII of the Public 
Health Service Act, as restored or revived pursuant to 
PPACA repeal legislation described in section 6(b) of this 
Act and amended by section 2(b), is further amended by 
adding at the end the following: 
‘‘SEC. 2747. PROHIBITING DISCRIMINATION AGAINST INDI-
VIDUAL PARTICIPANTS AND BENEFICIARIES 
BASED ON HEALTH STATUS. 
‘‘The provisions of section 2702 (other than sub-
sections (b)(2)(B) and (f) of such section) shall apply to 
health insurance coverage offered to individuals by a 
health insurance issuer in the individual market in the 
same manner as such provisions apply to health insurance 
coverage offered to employers by a health insurance issuer 
in connection with health insurance coverage in the group 
market.’’. 
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SEC. 5. INCORPORATION INTO ERISA AND INTERNAL REV-
ENUE CODE. 
(a) ERISA.—Subpart B of part 7 of subtitle A of 
title I of the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1181 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 715. ADDITIONAL MARKET REFORMS. 
‘‘Sections 2701, 2702, and 2711 shall apply to group 
health plans, and health insurance issuers providing health 
insurance coverage in connection with group health plans, 
as if included in this subpart, and to the extent that any 
provision of this part conflicts with a provision of such 
a section with respect to group health plans, or health in-
surance issuers providing health insurance coverage in 
connection with group health plans, the provisions of such 
section shall apply.’’. 
(b) IRC.—Subchapter B of chapter 100 of the Inter-
nal Revenue Code of 1986 is amended by adding at the 
end the following: 
‘‘SEC. 9815. ADDITIONAL MARKET REFORMS. 
‘‘Sections 2701, 2702, and 2711 shall apply to group 
health plans, and health insurance issuers providing health 
insurance coverage in connection with group health plans, 
as if included in this subchapter, and to the extent that 
any provision of this subchapter conflicts with a provision 
of such a section with respect to group health plans, or 
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health insurance issuers providing health insurance cov-
erage in connection with group health plans, the provisions 
of such section shall apply.’’. 
SEC. 6. EFFECTIVE DATE CONTINGENT ON REPEAL OF 
PPACA. 
(a) IN GENERAL.—Sections 2, 3, 4, and 5 and the 
amendments made by such sections shall take effect upon 
the enactment of PPACA repeal legislation described in 
subsection (b) and such sections and amendments shall 
have no force or effect if such PPACA repeal legislation 
is not enacted. 
(b) PPACA REPEAL LEGISLATION DESCRIBED.— 
For purposes of subsection (a), PPACA repeal legislation 
described in this subsection is legislation that— 
(1) repeals Public Law 111–148, and restores 
or revives the provisions of law amended or repealed, 
respectively, by such Act as if such Act had not been 
enacted and without further amendment to such 
provisions of law; and 
(2) repeals title I and subtitle B of title II of 
the Health Care and Education Reconciliation Act of 
2010 (Public Law 111–152), and restores or revives 
the provisions of law amended or repealed, respec-
tively, by such title or subtitle, respectively, as if 
such title and subtitle had not been enacted and 
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without further amendment to such provisions of 
law. 
Æ 
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