I 
117TH CONGRESS 
1ST SESSION H. R. 3947 
To prohibit the inclusion of mandatory predispute arbitration clauses and 
clauses limiting class action lawsuits in health insurance contracts. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2021 
Ms. PORTER (for herself, Mr. DOGGETT, Ms. SCHAKOWSKY, Ms. DELAURO, 
and Mr. POCAN) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Ways and Means, and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To prohibit the inclusion of mandatory predispute arbitration 
clauses and clauses limiting class action lawsuits in 
health insurance contracts. 
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 ‘‘Justice for Patients 
Act’’. 
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SEC. 2. PROHIBITION ON MANDATORY PREDISPUTE ARBI-
TRATION AND LIMITATIONS ON CLASS AC-
TION LAWSUITS. 
(a) PHSA.—Part D of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg–111 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 2799A–11. PROHIBITION ON INCLUSION OF CERTAIN 
REQUIREMENTS 
IN 
HEALTH 
INSURANCE 
CONTRACTS. 
‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR-
BITRATION.—A group health plan and group or individual 
health insurance coverage shall not include any predispute 
arbitration clause that requires the arbitration of claims 
under such plan or coverage. 
‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC-
TIONS.—A group health plan and group or individual 
health insurance coverage shall not include any limitation 
on the ability of an enrollee of such plan or coverage to 
engage in a class action lawsuit relating to the administra-
tion of such plan or coverage. 
‘‘(c) APPLICABILITY.—An issue as to whether this 
section applies with respect to a dispute shall be deter-
mined under Federal law. The applicability of this section 
to an agreement to arbitrate and the validity and enforce-
ability of an agreement to which this section applies shall 
be determined by a court, rather than an arbitrator, irre-
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spective of whether the party resisting arbitration chal-
lenges the arbitration agreement specifically or in conjunc-
tion with other terms of the contract containing such 
agreement, and irrespective of whether the agreement pur-
ports to delegate such determinations to an arbitrator.’’. 
(b) ERISA.— 
(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 726. PROHIBITION ON INCLUSION OF CERTAIN RE-
QUIREMENTS IN HEALTH INSURANCE CON-
TRACTS. 
‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR-
BITRATION.—A group health plan or a health insurance 
issuer offering group health insurance coverage shall not 
include any predispute arbitration clause that requires the 
arbitration of claims under such plan or coverage. 
‘‘(b) PROHIBITION ON LIMITATION OF CLASS AC-
TIONS.—A group health plan or a health insurance issuer 
offering group health insurance coverage shall not include 
any limitation on the ability of an enrollee of such cov-
erage to engage in a class action lawsuit relating to the 
administration of such plan or coverage. 
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‘‘(c) APPLICABILITY.—An issue as to whether this 
section applies with respect to a dispute shall be deter-
mined under Federal law. The applicability of this section 
to an agreement to arbitrate and the validity and enforce-
ability of an agreement to which this section applies shall 
be determined by a court, rather than an arbitrator, irre-
spective of whether the party resisting arbitration chal-
lenges the arbitration agreement specifically or in conjunc-
tion with other terms of the contract containing such 
agreement, and irrespective of whether the agreement pur-
ports to delegate such determinations to an arbitrator.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1 of such Act is amended by adding 
at the end the following new item: 
‘‘Sec. 726. Prohibition on inclusion of certain requirements in health insurance 
contracts.’’. 
(c) IRC.— 
(1) IN
GENERAL.—Subchapter B of chapter 
100 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new section: 
‘‘SEC. 9826. PROHIBITION ON INCLUSION OF CERTAIN RE-
QUIREMENTS IN HEALTH INSURANCE CON-
TRACTS. 
‘‘(a) PROHIBITION ON MANDATORY PREDISPUTE AR-
BITRATION.—A group health plan shall not include any 
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