‘‘(B) ITEMS
AND
SERVICES
CONSIDERED 
COVERED BY A PLAN.—For purposes of sub-
paragraph (A), an item or service shall be con-
sidered, with respect to a plan or coverage, to 
be covered by the plan or coverage only if the 
item or service is an item or service with re-
spect to which the plan or coverage is obligated 
to pay an amount that is reasonable and is not 
nominal or de minimis. 
‘‘(2) DURATION OF LIMITED SCOPE VISION AND 
DENTAL PLANS.—In the case of an agreement be-
tween such a doctor and such a plan or coverage 
that offers limited scope dental or vision benefits, 
the agreement may only extend for a term beyond 
two years with the prior acceptance of the doctor for 
each term extension. 
‘‘(3) NO RESTRICTIONS ON CHOICE OF LABORA-
TORIES.—The plan or coverage may not, directly or 
indirectly, restrict or limit, such a doctor’s choice of 
laboratories or choice of source and suppliers of 
services or materials provided by the doctor to an in-
dividual who is enrolled under the plan or coverage. 
‘‘(b) PRIVATE RIGHT OF ACTION.—In addition to 
any other remedies under State or Federal law, a person 
adversely affected by a violation of this subsection may 
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bring action for injunctive relief against a plan described 
in subsection (a) and, upon prevailing, in addition to such 
injunctive relief shall recover monetary damages of no 
more than $1,000 for each day found to be in violation 
plus attorney’s fees and costs. The district courts of the 
United States shall have exclusive jurisdiction of civil ac-
tions brought under this subsection. 
‘‘(c) RELATIONSHIP TO EXCEPTION FOR LIMITED, 
EXCEPTED
BENEFITS.—Section 2722(c)(1) shall not 
apply with respect to the requirements of this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The terms ‘doctor of dental surgery’ and 
‘doctor of dental medicine’ mean a doctor of dental 
surgery or of dental medicine, as applicable, who is 
legally authorized to practice dentistry by the State 
in which the doctor performs such function and who 
is acting within the scope of the license of the doctor 
when performing such functions. 
‘‘(2) The term ‘doctor of optometry’ means a 
doctor of optometry who is legally authorized to 
practice optometry by the State in which the doctor 
so practices.’’. 
(b) CONFORMING AMENDMENT.—Section 2722(c)(1) 
of the Public Health Service Act (42 U.S.C. 300gg– 
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21(c)(1)) is amended by striking ‘‘The requirements’’ and 
inserting ‘‘Subject to section 2719B, the requirements’’. 
(c) EXCLUSIVE APPLICABILITY OF STATE LAW.— 
Notwithstanding any provision of this Act, State law, 
which directly affects any standard or requirement relat-
ing to health insurance issuers and dental or vision benefit 
plans, shall have exclusive application and the provisions 
of this Act shall not apply. The State shall retain exclusive 
jurisdiction over health insurance issuers and limited 
scope dental or vision benefit plans that are directly gov-
erned by such State. 
Æ 
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