‘‘(b) REFERENCES
IN APPLICATION.—In applying
subsection (a) under this part, any reference in such part
C—
‘‘(1) to a health insurance issuer and health in-
surance coverage offered by such an issuer is
deemed to include a reference to a group health plan
and coverage under such plan, respectively;
‘‘(2) to the Secretary is deemed a reference to
the Secretary of Labor;
‘‘(3) to an applicable State authority is deemed
a reference to the Secretary of Labor; and
‘‘(4) to an enrollee with respect to health insur-
ance coverage is deemed to include a reference to a
participant or beneficiary with respect to a group
health plan.
‘‘(c) ASSURING COORDINATION.—The Secretary of
Health and Human Services and the Secretary of Labor
shall ensure, through the execution of an interagency
memorandum of understanding between such Secretaries,
that—
‘‘(1) regulations, rulings, and interpretations is-
sued by such Secretaries relating to the same matter
over which such Secretaries have responsibility
under such part C (and section 2706 of the Public
Health Service Act) and this section are adminis-
tered so as to have the same effect at all times; and
‘‘(2) coordination of policies relating to enforc-
ing the same requirements through such Secretaries
in order to have a coordinated enforcement strategy
that avoids duplication of enforcement efforts and
assigns priorities in enforcement.’’.
(b) MODIFICATION OF PREEMPTION STANDARDS.—
Section 731 of such Act (42 U.S.C. 1191) is amended—
(1) in subsection (a)(1), by striking ‘‘subsection
(b)’’ and inserting ‘‘subsections (b) and (c)’’;
(2) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(3) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) SPECIAL RULES IN CASE OF CONSUMER PRO-
TECTION REQUIREMENTS.—Subject to subsection (a)(2),
the provisions of section 713 and part C of title XXVII
of the Public Health Service Act, and subpart C insofar
as it applies to section 713 or such part, shall not be con-
strued to preempt any State law, or the enactment or im-
plementation of such a State law, that provides protections
for individuals that are equivalent to or stricter than the
protections provided under such provisions.’’.
(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 713’’.
(2) The table of contents in section 1 of such Act
is amended by inserting after the item relating to section
712 the following new item:
‘‘Sec. 713. Consumer protection standards.’’.
(3) Section 734 of such Act (29 U.S.C. 1187) is
amended by inserting ‘‘and section 713(d)’’ after ‘‘of
1996’’.
(d) EFFECTIVE DATE.—(1) Subject to paragraph
(2), the amendments made by this section shall apply with
respect to group health plans for plan years beginning on
or after July 1, 1998 (in this subsection referred to as
the ‘‘general effective date’’) and also shall apply to por-
tions of plan years occurring on and after January 1,
1999.
(2) In the case of a group health plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employ-
ers ratified before the date of enactment of this Act, the
amendments made by this section shall not apply to plan
years beginning before the later of—
(A) the date on which the last collective bar-
gaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act),
or
(B) the general effective date.
For purposes of subparagraph (A), any plan amendment
made pursuant to a collective bargaining agreement relat-
ing to the plan which amends the plan solely to conform
to any requirement added by subsection (a) shall not be
treated as a termination of such collective bargaining
agreement.
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