SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Health Coverage for
Adopted Children Act of 1993’’.
SEC. 2. RULES GOVERNING GROUP HEALTH PLAN COV-
ERAGE FOR DEPENDENT CHILDREN IN ADOP-
TION CASES.
(a) IN GENERAL.—Part 2 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is
amended—
(1) by redesignating section 211 (29 U.S.C.
1061) as section 212; and
(2) by inserting after section 210 (29 U.S.C.
1060) the following new section:
‘‘GROUP HEALTH PLAN COVERAGE OF DEPENDENT
CHILDREN IN CASES OF ADOPTION
‘‘SEC. 211. (a) COVERAGE EFFECTIVE UPON PLACE-
MENT FOR ADOPTION.—A group health plan providing
coverage for dependent children of participants shall pro-
vide such coverage for each dependent child placed with
a participant for adoption by the participant in accordance
with applicable State law, irrespective of whether the
adoption has become final.
‘‘(b) RESTRICTIONS BASED ON PREEXISTING CONDI-
TIONS AT TIME OF PLACEMENT FOR ADOPTION PROHIB-
ITED.—A group health plan may not restrict coverage
under the plan of any dependent child adopted by a partic-
ipant, or placed with a participant for adoption by the par-
ticipant in accordance with applicable State law, solely on
the basis of a preexisting condition of such child at the
time that such child would otherwise become eligible for
coverage under the plan, if the adoption or placement for
adoption occurs while the participant is eligible for cov-
erage under the plan.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) GROUP HEALTH PLAN.—The term ‘group
health plan’ has the meaning provided such term
under section 607(1).
‘‘(2) CHILD.—The term ‘child’ means, in con-
nection with any adoption, or placement for adop-
tion, of the child, an individual who has not attained
age 18 as of the date of such adoption or placement
for adoption.
‘‘(3) PLACEMENT
FOR
ADOPTION.—The term
‘placement’, or being ‘placed’, for adoption, in con-
nection with any placement for adoption of a child
with any person, means the assumption and reten-
tion by such person of a legal obligation for total or
partial support of such child in anticipation of adop-
tion of such child. The child’s placement with such
person terminates upon the termination of such legal
obligation.’’.
(b) STATE ASSISTANCE
TO EMPLOYERS.—Section
514(b) of such Act (29 U.S.C. 1144(b)) is amended by
adding at the end the following new paragraph:
‘‘(9) Subsection (a) of this section shall not apply to
any provision of State law to the extent it provides for
reinsurance or similar assistance for plan sponsors in con-
nection with coverage required to be provided under sec-
tion 211.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 201(1) of such Act (29 U.S.C.
1051(1)) is amended by inserting after ‘‘plan’’ the
following ‘‘(except as provided in section 211)’’.
(2) The table of contents in section 1 of such
Act is amended by striking the item relating to sec-
tion 211 and inserting the following new items:
‘‘Sec. 211. Group health plan coverage of dependent children in cases of adop-
tion.
‘‘Sec. 212. Effective dates.’’.
SEC. 3. EFFECTIVE DATE.
(a) GENERAL RULE.—The amendments made by sec-
tion 2 shall apply with respect to plan years beginning on
or after January 1, 1994.
(b) COLLECTIVE BARGAINING AGREEMENTS.—In the
case of a group health plan maintained pursuant to one
or more collective bargaining agreements between em-
ployee representatives and one or more employers ratified
before the date of the enactment of this Act, the amend-
ments made by section 2 shall not apply to plan years be-
ginning before the later of—
(1) the date on which the last of the collective
bargaining agreements relating to the plan termi-
nates (determined without regard to any extension
thereof agreed to after the date of the enactment of
this Act), or
(2) January 1, 1994.
For purposes of paragraph (1), any plan amendment made
pursuant to a collective bargaining agreement relating to
the plan which amends the plan solely to conform to any
requirement added by section 2 shall not be treated as
a termination of such collective bargaining agreement.
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