I
106TH CONGRESS
1ST SESSION
H. R. 3319
To assure equitable treatment in health care coverage of prescription drugs
under group health plans, health insurance coverage, Medicare and Med-
icaid managed care arrangements, medigap insurance coverage, and
health plans under the Federal employees’ health benefits program
(FEHBP).
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mrs. LOWEY (for herself, Mr. PALLONE, Mr. MORAN of Kansas, Mr. BARCIA,
Mr. DEFAZIO, Mr. PAYNE, Mr. LAFALCE, Ms. MILLENDER-MCDONALD,
Mr. INSLEE, Mr. MURTHA, Mr. KLINK, Mr. RUSH, Mr. ANDREWS, Mr.
WYNN, Mr. SANDERS, Ms. JACKSON-LEE of Texas, Mr. LOBIONDO, Mr.
TRAFICANT, Mr. MCNULTY, Mr. FROST, Mrs. MORELLA, and Mr. HILL-
IARD) introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committees on Ways and Means,
Education and the Workforce, and Government Reform, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To assure equitable treatment in health care coverage of
prescription drugs under group health plans, health in-
surance coverage, Medicare and Medicaid managed care
arrangements, medigap insurance coverage, and health
plans under the Federal employees’ health benefits pro-
gram (FEHBP).
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prescription Drug
Benefit Equity Act of 1999’’.
SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG
COVERAGE.
(a) GROUP HEALTH PLANS.—
(1) PUBLIC
HEALTH
SERVICE
ACT
AMEND-
MENTS.—(A) Subpart 2 of part A of title XXVII of
the Public Health Service Act is amended by adding
at the end the following new section:
‘‘SEC. 2707. EQUITY IN PROVISION OF PRESCRIPTION DRUG
COVERAGE.
‘‘(a) EQUITY IN PROVISION OF PRESCRIPTION DRUG
COVERAGE.—
‘‘(1) IN GENERAL.—A group health plan, and a
health insurance issuer offering group health insur-
ance coverage, that provides for mail-order prescrip-
tion drug coverage (as defined in paragraph (3)(A))
shall also provide non-mail-order prescription drug
coverage consistent with paragraph (2).
‘‘(2) EQUITABLE COVERAGE.—A plan or cov-
erage provides non-mail-order prescription drug cov-
erage consistent with this paragraph only if—
‘‘(A) benefits under the non-mail-order
prescription coverage are provided for in the
case of all drugs and all circumstances under
which benefits are provided under the mail-
order prescription drug coverage;
‘‘(B) no deductible or similar cost-sharing
is imposed with respect to benefits under the
non-mail-order prescription drug coverage un-
less such a deductible or similar cost-sharing is
imposed with respect to benefits under the mail-
order prescription drug coverage; and
‘‘(C) the benefits for the non-mail-order
coverage assures payments consistent with ei-
ther (or both) of the following clauses:
‘‘(i) The dollar amount of payment for
prescription drug coverage is not less than
the dollar amount of benefits provided with
respect to the mail-order coverage for that
same coverage.
‘‘(ii) 
The 
cost-sharing 
(including
deductibles, copayments, or coinsurance)
imposed with respect to non-mail-order
coverage is not greater (as a percentage of
charges or dollar amount, as specified
under the coverage) than the cost-sharing