156 
such Act) with the requirement in such section or 
other provisions. 
‘‘(8) APPLICATION TO CERTAIN PROHIBITIONS 
AGAINST RETALIATION.—With respect to compliance 
with the requirements of section 135(b)(1) of the 
Patients’ Bill of Rights Act of 2005, 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 Patients’ Bill of Rights 
Act of 2005 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.
157 
‘‘(d) CONFORMING REGULATIONS.—The Secretary 
shall issue regulations to coordinate the requirements on 
group health plans and health insurance issuers under this 
section with the requirements imposed under the other 
provisions of this title. In order to reduce duplication and 
clarify the rights of participants and beneficiaries with re-
spect to information that is required to be provided, such 
regulations shall coordinate the information disclosure re-
quirements under section 121 of the Patients’ Bill of 
Rights Act of 2005 with the reporting and disclosure re-
quirements imposed under part 1, so long as such coordi-
nation does not result in any reduction in the information 
that would otherwise be provided to participants and bene-
ficiaries.’’. 
(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 Patients’ Bill of Rights Act of 2005, 
and compliance with regulations promulgated by the Sec-
retary, in the case of a claims denial, shall be deemed com-
pliance with subsection (a) with respect to such claims de-
nial.’’.
158 
(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: 
‘‘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 Patients’ Bill of Rights Act of 2005, as 
deemed by subsection (a) of section 714 of this Act to 
be incorporated into such subsection)’’ after ‘‘part 7’’. 
SEC. 402. AVAILABILITY OF CIVIL REMEDIES. 
(a) AVAILABILITY OF FEDERAL CIVIL REMEDIES IN 
CASES NOT INVOLVING MEDICALLY REVIEWABLE DECI-
SIONS.— 
(1) IN GENERAL.—Section 502 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1132) is amended by adding at the end the following 
new subsections: 
‘‘(n) CAUSE OF ACTION RELATING TO PROVISION OF 
HEALTH BENEFITS.— 
‘‘(1) IN GENERAL.—In any case in which— 
‘‘(A) a person who is a fiduciary of a 
group health plan, a health insurance issuer of-
fering health insurance coverage in connection