Title: To amend title 5, United States Code, to allow individuals who are not Federal employees to enroll in the Federal Employees Health Benefits Program, and for other purposes.
Policy area: Health

Summary:
This bill allows an individual who is not a federal employee to enroll in the Federal Employee Health Benefits Program, unless the individual: (1) is enrolled, or eligible to enroll, in a different public health insurance program; (2) is a member of the uniformed services; or (3) is not a citizen or national of, or lawfully present in, the United States.
An employer may make a contribution on behalf of such an individual, but no government contribution may be provided.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2400

To amend title 5, United States Code, to allow individuals who are not 
 Federal employees to enroll in the Federal Employees Health Benefits 
                    Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2017

   Mr. Issa introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to allow individuals who are not 
 Federal employees to enroll in the Federal Employees Health Benefits 
                    Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION AND MODIFICATION OF FEDERAL EMPLOYEE HEALTH 
              INSURANCE.

    (a) FEHBP.--
            (1) In general.--Chapter 89 of title 5, United States Code, 
        is amended by adding at the end the following:
``Sec. 8915. Health insurance for individuals who are not Federal 
              employees
    ``(a) Except as provided in this section, any individual may enroll 
in a health benefits plan provided under this chapter and receive 
health benefits, to the greatest extent practicable, in the same manner 
as an employee.
    ``(b) An individual may not enroll in a health benefits plan under 
this section if the individual--
            ``(1) is enrolled or eligible to enroll for coverage under 
        a public health insurance program, including--
                    ``(A) title XVIII of the Social Security Act;
                    ``(B) a State plan under title XIX of the Social 
                Security Act;
                    ``(C) a State plan under title XXI of the Social 
                Security Act; or
                    ``(D) any other program determined by the Office;
            ``(2) is a member of the uniformed services as defined 
        under section 101(a)(5) of title 10; or
            ``(3) is not a citizen or national of the United States or 
        an alien lawfully present in the United States.
    ``(c)(1) No Government contribution may be made for any individual 
enrolled in a health benefits plan pursuant to this section.
    ``(2) Pursuant to regulations that the Office of Personnel 
Management may prescribe, an employer of an individual enrolled in such 
a plan may make a contribution on behalf of the individual.
    ``(d) In carrying out this section, the Office shall ensure that 
individuals enrolled in a health benefits plan under this section shall 
be in the same risk pool maintained for employees covered by this 
chapter.
    ``(e) The Office shall issue regulations as are necessary to carry 
out this section.
``Sec. 8916. No lifetime or annual limits
    ``(a) A carrier offering a health benefits plan under this chapter 
may not establish--
            ``(1) lifetime limits on the dollar value of benefits for 
        any individual enrolled in such plan; or
            ``(2) unreasonable annual limits (within the meaning of 
        section 223 of the Internal Revenue Code of 1986) on the dollar 
        value of benefits for any such individual.
    ``(b) Subsection (a) shall not be construed to prevent a health 
benefits plan under this chapter from placing annual or lifetime per 
beneficiary limits on specific covered benefits to the extent that such 
limits are otherwise permitted under Federal or State law.
``Sec. 8917. Non-discrimination in health care
    ``A carrier offering a health benefits plan under this chapter may 
not discriminate with respect to participation under the plan or 
coverage against any health care provider who is acting within the 
scope of that provider's license or certification under applicable 
State law. This section shall not require that a health benefits plan 
or carrier contract with any health care provider willing to abide by 
the terms and conditions for participation established by the plan or 
issuer. Nothing in this section shall be construed as preventing a 
health benefits plan, a carrier, or the Director of the Office of 
Personnel Management from establishing varying reimbursement rates 
based on quality or performance measures.''.
            (2) Child under the age of 26.--Section 8901(5) of title 5, 
        United States Code, is amended by striking ``22'' in each 
        instance it appears and inserting ``26''.
            (3) Application.--Sections 8916 and 8917 of such title (as 
        added by paragraph (1)) shall begin to apply to any contract 
        for health benefits plans entered into by the Office of 
        Personnel Management under chapter 89 of such title after the 
        date of enactment of this Act.
            (4) Clerical amendment.--The table of sections of chapter 
        89 of title 5, United States Code, is amended by inserting 
        after the item relating to section 8914 the following new 
        items:

``8915. Health insurance for individuals who are not Federal employees.
``8616. No lifetime or annual limits.
``8917. Non-discrimination in health care.''.
    (b) Dental and Vision Benefits.--
            (1) Dental.--Section 8952 of title 5, United States Code, 
        is amended by adding at the end the following:
    ``(d) The Office shall issue regulations necessary to enroll 
individuals described in section 8915 in dental benefits plan offered 
under this chapter, consistent with the requirements of such 
section.''.
            (2) Vision.--Section 8982 of title 5, United States Code, 
        is amended by adding at the end the following:
    ``(d) The Office shall issue regulations necessary to enroll 
individuals described in section 8915 in vision benefits plan offered 
under this chapter, consistent with the requirements of such 
section.''.
    (c) Enrollment of Insured Individuals Who Are Not Federal 
Employees.--For plan years beginning in the year immediately following 
the year in which this subsection is enacted, the Director of the 
Office of Personnel Management shall issue regulations to provide for 
the enrollment of individuals (as described under section 8915 of title 
5, United States Code, as added by subsection (a)) in health benefits 
plans under chapter 89, 89A, or 89B of such title.
    (d) Plan for Extension of Federal Employee Health Benefits 
Program.--Not later than 6 months after the date of enactment of this 
Act and after consultation with appropriate experts, representatives of 
affected individuals, and Federal officers, the Director of the Office 
of Personnel Management shall submit a comprehensive plan to Congress 
that--
            (1) provides for the orderly implementation of the 
        amendments made by this section; and
            (2) includes a schedule of actions to be taken to provide 
        for that implementation.
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