I 
116TH CONGRESS 
2D SESSION 
H. R. 7267 
To amend title XXVII of the Public Health Service Act, the Employee 
Retirement Income Security Act of 1974, and the Internal Revenue 
Code of 1986 to prohibit a group health plan and a health insurance 
issuer offering group or individual health insurance coverage from reduc-
ing contracted rates, or terminating contracts, with health care providers 
during a public health emergency. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2020 
Ms. PORTER (for herself and Ms. DELAURO) 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 subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend title XXVII of the Public Health Service Act, 
the Employee Retirement Income Security Act of 1974, 
and the Internal Revenue Code of 1986 to prohibit a 
group health plan and a health insurance issuer offering 
group or individual health insurance coverage from re-
ducing contracted rates, or terminating contracts, with 
health care providers during a public health emergency. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Patients Before Profits 
Act of 2020’’. 
SEC. 2. PROHIBITING A GROUP HEALTH PLAN AND A 
HEALTH 
INSURANCE 
ISSUER 
OFFERING 
GROUP OR INDIVIDUAL HEALTH INSURANCE 
COVERAGE FROM REDUCING CONTRACTED 
RATES, OR TERMINATING CONTRACTS, WITH 
HEALTH CARE PROVIDERS DURING A PUBLIC 
HEALTH EMERGENCY. 
(a) PHSA.—Subpart II of part A of title XXVII of 
the Public Health Service Act (42 U.S.C. 300gg–11 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 2730. PROHIBITION ON REDUCTION OF RATES AND 
TERMINATION OF CONTRACTS DURING PUB-
LIC HEALTH EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group or individual health insur-
ance coverage may not, with respect to a health care pro-
vider located in an emergency area during an emergency 
period that, as of the day before the date of the beginning 
of such period, had in effect a contractual relationship for 
furnishing items and services under such plan or cov-
erage— 
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‘‘(1) provide for an amount of reimbursement 
for any such item or service furnished by such pro-
vider during such period that is less than the 
amount of such reimbursement that would have been 
payable under such plan or coverage had such item 
or service been furnished by such provider on such 
day; or 
‘‘(2) terminate such relationship during such 
period; 
unless such lesser reimbursement or such termination is 
based on fraud, abuse, or other quality concerns with re-
spect to such provider or such provider being placed on 
the exclusion list maintained by the Inspector General of 
the Department of Health and Human Services. 
‘‘(b) DEFINITIONS.—For purposes of this section, an 
‘emergency area’ is a geographical area in which, and an 
‘emergency period’ is the period during which, there exists 
a public health emergency declared by the Secretary pur-
suant to section 319.’’. 
(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: 
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‘‘SEC. 716. PROHIBITION ON REDUCTION OF RATES AND 
TERMINATION OF CONTRACTS DURING PUB-
LIC HEALTH EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group health insurance coverage 
may not, with respect to a health care provider located 
in an emergency area during an emergency period that, 
as of the day before the date of the beginning of such 
period, had in effect a contractual relationship for fur-
nishing items and services under such plan or coverage— 
‘‘(1) provide for an amount of reimbursement 
for any such item or service furnished by such pro-
vider during such period that is less than the 
amount of such reimbursement that would have been 
payable under such plan or coverage had such item 
or service been furnished by such provider on such 
day; or 
‘‘(2) terminate such relationship during such 
period; 
unless such lesser reimbursement or such termination is 
based on fraud, abuse, or other quality concerns with re-
spect to such provider or such provider being placed on 
the exclusion list maintained by the Inspector General of 
the Department of Health and Human Services. 
‘‘(b) DEFINITIONS.—For purposes of this section, an 
‘emergency area’ is a geographical area in which, and an 
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