I 117th CONGRESS 1st Session H. R. 3947 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 subsequently 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.

1. Short title This Act may be cited as the Justice for Patients Act . 2. Prohibition on mandatory predispute arbitration and limitations on class action 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: 2799A–11. Prohibition on inclusion of certain requirements in health insurance contracts (a) Prohibition on mandatory predispute arbitration 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 actions 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 administration of such plan or coverage. (c) Applicability An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. . (b) ERISA (1) In general Subpart B of part 7 of subtitle 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 section: 726. Prohibition on inclusion of certain requirements in health insurance contracts (a) Prohibition on mandatory predispute arbitration 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 actions 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 coverage to engage in a class action lawsuit relating to the administration of such plan or coverage. (c) Applicability An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. . (2) Clerical amendment The table of contents 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 amended by adding at the end the following new section: 9826. Prohibition on inclusion of certain requirements in health insurance contracts (a) Prohibition on mandatory predispute arbitration A group health plan shall not include any predispute arbitration clause that requires the arbitration of claims under such plan. (b) Prohibition on limitation of class actions A group health plan shall not include any limitation on the ability of an enrollee of such plan to engage in a class action lawsuit relating to the administration of such plan. (c) Applicability An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. . (2) Clerical amendment The table of sections for such subchapter is amended by adding at the end the following new item: Sec. 9826. Prohibition on inclusion of certain requirements in health insurance contracts. .