proof of such conduct by a preponderance of the evi-
dence, the court may award appropriate relief, in-
cluding temporary, preliminary, and permanent in-
junctive relief and compensatory and punitive dam-
ages, as well as the costs of suit and reasonable fees
for the aggrieved individual’s attorneys and expert
witnesses. With respect to compensatory damages,
the aggrieved individual may elect, at any time prior
to the rendering of final judgment, to recover in lieu
of actual damages, an award of statutory damages
in the amount of $10,000 for each violation. It shall
be the duty of the Federal courts to advance on the
docket and to expedite to the greatest possible extent
the disposition of any action for temporary or pre-
liminary injunctive relief considered under this para-
graph.
(2) ADDITIONAL PROVISIONS RELATING TO JU-
RISDICTION, VENUE, ATTORNEY’S FEES, ETC.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), subsections (d), (e), (f), (g), (h), and
(j) of section 502 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1132(d), (e), (f), (g), (h), and (j)) shall apply
with respect to a cause of action under para-
graph (1) in the same manner and to the same
extent as such subsections apply with respect to
a cause of action under section 502(a)(1)(B) of
such Act (29 U.S.C. 1132(a)(1)(B)).
(B) RULES OF CONSTRUCTION.—In apply-
ing such subsections pursuant to subparagraph
(A)—
(i) any reference to a ‘‘participant’’ or
‘‘beneficiary’’ shall be deemed a reference
to the aggrieved individual referred to in
paragraph (1);
(ii) any reference to an ‘‘employee
benefit plan’’ shall be deemed a reference
to an insurer (as defined in section
(2)(A));
(iii) any reference to the Secretary of
Labor or the Secretary of the Treasury
shall be deemed a reference to the Sec-
retary of Health and Human Services; and
(iv) any reference to title I of such
Act shall be deemed a reference to sections
2 through 6 of this Act.
SEC. 5. EFFECT ON STATE LAW.
(a) IN GENERAL.—Section 3 supersedes any provi-
sion of State law which is inconsistent with any provision
of such section, in terms of providing less protection to
individuals than is provided by such section, but only to
the extent of such inconsistency. Nothing in section 3 shall
be construed to—
(1) alter or relieve any insurer from the obliga-
tion to comply with any State law with respect to in-
surers, policies, and health benefit plans, except to
the extent that such law is inconsistent with any
provision of section 3, or
(2) preclude a State from enacting any law or
regulation that affords a greater level or broader
range of protections to individuals under policies or
health benefit plans.
(b) DEFINITIONS.—For purposes of this section, the
terms ‘‘State’’ and ‘‘State law’’ have the meanings pro-
vided such terms under section 514(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1144(c)).
SEC. 6. REGULATIONS.
The Secretary (in consultation with the Secretary of
Labor) shall prescribe regulations to carry out the provi-
sions of sections 2 through 5.
SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP
INSURANCE PLANS TO PARTICIPANTS AND
BENEFICIARIES OF THEIR MEDICAL CONDI-
TION LEARNED IN THE COURSE OF MEDICAL
EXAMINATIONS REQUIRED FOR COVERAGE
UNDER SUCH PLANS.
(a) IN GENERAL.—Part 1 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is
amended—
(1) by redesignating section 111 (29 U.S.C.
1031) as section 112; and
(2) by inserting after section 110 (29 U.S.C.
1030) the following new section:
‘‘DISCLOSURE TO PARTICIPANTS AND BENEFICIARIES OF
RESULTS OF MEDICAL EXAMINATIONS CONDUCTED
BY GROUP INSURANCE PLANS
‘‘SEC. 111. (a) IN GENERAL.—A group insurance
plan, and any insurer offering a policy in connection with
such plan, shall take such actions as are necessary to en-
sure that, in any case in which—
‘‘(1) a medical examination of a participant or
beneficiary is required for initial or continued eligi-
bility for benefits, and
‘‘(2) such medical examination is conducted by
a person who is in the employ of the plan or the in-
surer or whose services are procured otherwise by
the plan or the insurer,
such participant or beneficiary (or his or her legal guard-
ian) is provided all medical information obtained from
such examination at the same time that such information
is made available to the plan or insurer and is encouraged
to make such information available to his or her own phy-
sician.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) GROUP
INSURANCE
PLAN.—The term
‘group insurance plan’ means an employee welfare
benefit plan established and maintained for the pur-
pose of providing for its participants or their bene-
ficiaries, through the purchase of insurance or other-
wise, medical, surgical, or hospital care or benefits,
or benefits in the event of sickness, accident, disabil-
ity, death, or unemployment.
‘‘(2) POLICY.—The term ‘‘policy’’ means a con-
tract of insurance, certificate, indemnity, suretyship,
or annuity, including endorsements or riders to an
insurance policy or contract.
‘‘(c) EFFECT ON STATE LAW.—This section super-
sedes any provision of State law which is inconsistent with
any provision of this section, in terms of providing less
protection to participants and beneficiaries than is pro-