In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Closed-Loop Pumped Storage 
Hydropower Act''.

SEC. 2. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 34. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    ``(a) Expedited Licensing Process for Closed-Loop Pumped Storage 
Projects.--
            ``(1) In general.--As provided in this section, the 
        Commission may issue and amend licenses and preliminary 
        permits, as appropriate, for closed-loop pumped storage 
        projects.
            ``(2) Rule.--Not later than 180 days after the date of 
        enactment of this section, the Commission shall issue a rule 
        establishing an expedited process for issuing and amending 
        licenses and preliminary permits for closed-loop pumped storage 
        projects under this section.
            ``(3) Interagency task force.--In establishing the 
        expedited process under this section, the Commission shall 
        convene an interagency task force, with appropriate Federal and 
        State agencies and Indian tribes represented, to coordinate the 
        regulatory processes associated with the authorizations 
        required to construct and operate closed-loop pumped storage 
        projects.
            ``(4) Length of process.--The Commission shall ensure that 
        the expedited process under this section will result in final 
        decision on an application for a license by not later than 2 
        years after receipt of a completed application for such 
        license.
    ``(b) Dam Safety.--Before issuing any license for a closed-loop 
pumped storage project, the Commission shall assess the safety of 
existing dams and other structures related to the project (including 
possible consequences associated with failure of such structures).
    ``(c) Exemptions From Other Requirements.--
            ``(1) In general.--In issuing or amending a license or 
        preliminary permit pursuant to the expedited process 
        established under this section, the Commission may grant an 
        exemption from any other requirement of this part with respect 
        to any part of the closed-loop pumped storage project (not 
        including any dam or other impoundment).
            ``(2) Consultation.--In granting an exemption under 
        paragraph (1), the Commission shall consult with the United 
        States Fish and Wildlife Service and the State agency 
        exercising administration over the fish and wildlife resources 
        of the State in which the closed-loop pumped storage project is 
        or will be located, in the manner provided by the Fish and 
        Wildlife Coordination Act (16 U.S.C. 661 et seq.).
            ``(3) Terms and conditions.--In granting an exemption under 
        paragraph (1), the Commission shall include in any such 
        exemption--
                    ``(A) such terms and conditions as the Fish and 
                Wildlife Service, National Marine Fisheries Service, 
                and the State agency described in paragraph (2) each 
                determine are appropriate to prevent loss of, or damage 
                to, fish and wildlife resources and to otherwise carry 
                out the purposes of the Fish and Wildlife Coordination 
                Act; and
                    ``(B) such terms and conditions as the Commission 
                deems appropriate to ensure that such closed-loop 
                pumped storage project continues to comply with the 
                provisions of this section and terms and conditions 
                included in any such exemption.
            ``(4) Fees.--The Commission, in addition to the 
        requirements of section 10(e), shall establish fees which shall 
        be paid by an applicant for a license for a closed-loop pumped 
        storage project that is required to meet terms and conditions 
        set by fish and wildlife agencies under paragraph (3). Such 
        fees shall be adequate to reimburse the fish and wildlife 
        agencies referred to in paragraph (3) for any reasonable costs 
        incurred in connection with any studies or other reviews 
        carried out by such agencies for purposes of compliance with 
        this section. The fees shall, subject to annual appropriations 
        Acts, be transferred to such agencies by the Commission for use 
        solely for purposes of carrying out such studies and shall 
        remain available until expended.
    ``(d) Transfers.--Notwithstanding section 5, and regardless of 
whether the holder of a preliminary permit for a closed-loop pumped 
storage project claimed municipal preference under section 7(a) when 
obtaining the permit, the Commission may, to facilitate development of 
a closed-loop pumped storage project--
            ``(1) add entities as joint permittees following issuance 
        of a preliminary permit; and
            ``(2) transfer a license in part to one or more 
        nonmunicipal entities as co-licensees with a municipality, if 
        the municipality retains majority ownership of the project for 
        which the license was issued.
    ``(e) Interagency Communications.--Interagency cooperation in the 
preparation of environmental documents under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
application for a license for a closed-loop pumped storage project 
submitted pursuant to this section, and interagency communications 
relating to licensing process coordination pursuant to this section, 
shall not--
            ``(1) be considered to be ex parte communications under 
        Commission rules; or
            ``(2) preclude an agency from participating in a licensing 
        proceeding under this part.
    ``(f) Developing Abandoned Mines for Pumped Storage.--
            ``(1) Workshop.--Not later than 6 months after the date of 
        enactment of this section, the Commission shall hold a workshop 
        to explore potential opportunities for development of closed-
        loop pumped storage projects at abandoned mine sites.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall issue guidance 
        to assist applicants for licenses or preliminary permits for 
        closed-loop pumped storage projects at abandoned mine sites.
    ``(g) Qualifying Criteria for Closed-Loop Pumped Storage 
Projects.--
            ``(1) In general.--The Commission shall establish criteria 
        that a pumped storage project shall meet in order to qualify as 
        a closed-loop pumped storage project eligible for the expedited 
        process established under this section.
            ``(2) Inclusions.--In establishing the criteria under 
        paragraph (1), the Commission shall include criteria requiring 
        that the pumped storage project--
                    ``(A) cause little to no change to existing surface 
                and groundwater flows and uses; and
                    ``(B) is unlikely to adversely affect species 
                listed as a threatened species or endangered species 
                under the Endangered Species Act of 1973.''.

SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.

    Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is 
amended by adding at the end the following:
    ``(5) Any obligation of a licensee for payment of annual charges 
under this subsection shall commence when the construction of the 
applicable facility commences.''.

            Passed the House of Representatives December 12, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Promoting Closed-Loop Pumped Storage Hydropower Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature). In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects. FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project. FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites. FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973. (Sec.3)Licensees are not required to pay an annual charge for administrative expenses until construction commences.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Empowerment Zone Act of 
2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Designation of health empowerment zones.
Sec. 5. Assistance to those seeking designation.
Sec. 6. Benefits of designation.
Sec. 7. Definition.
Sec. 8. Authorization of appropriations.

SEC. 3. FINDINGS.

    (a) Findings.--The Congress finds the following:
            (1) Numerous studies and reports, including the National 
        Healthcare Disparities Report and Unequal Treatment, the 2002 
        Institute of Medicine Report, document the extensiveness to 
        which health disparities exist across the country.
            (2) These studies have found that, on average, racial and 
        ethnic minorities are disproportionately afflicted with chronic 
        and acute conditions--such as cancer, diabetes, and 
        hypertension--and suffer worse health outcomes, worse health 
        status, and higher mortality rates than their White 
        counterparts.
            (3) Several recent studies also show that health 
        disparities are a function of not only access to health care, 
        but also the social determinants of health--including the 
        environment, the physical structure of communities, nutrition 
        and food options, educational attainment, employment, race, 
        ethnicity, geography, and language preference--that directly 
        and indirectly affect the health, health care, and wellness of 
        individuals and communities.
            (4) Integrally involving and fully supporting the 
        communities most affected by health inequities in the 
        assessment, planning, launch, and evaluation of health 
        disparity elimination efforts is among the leading 
        recommendations made to adequately address and ultimately 
        reduce health disparities.
            (5) Recommendations also include supporting the efforts of 
        community stakeholders from a broad cross section--including, 
        but not limited to local businesses, local departments of 
        commerce, education, labor, urban planning, and transportation, 
        and community-based and other nonprofit organizations--to find 
        areas of common ground around health disparity elimination and 
        collaborate to improve the overall health and wellness of a 
        community and its residents.

SEC. 4. DESIGNATION OF HEALTH EMPOWERMENT ZONES.

    (a) In General.--At the request of an eligible community 
partnership, the Secretary may designate an eligible area as a health 
empowerment zone.
    (b) Eligibility Criteria.--
            (1) Eligible community partnership.--A community 
        partnership is eligible to submit a request under this section 
        if the partnership--
                    (A) demonstrates widespread public support from key 
                individuals and entities in the eligible area, 
                including State and local governments, nonprofit 
                organizations, and community and industry leaders, for 
                designation of the eligible area as a health 
                empowerment zone; and
                    (B) includes representatives of--
                            (i) a broad cross section of stakeholders 
                        and residents from communities in the eligible 
                        area experiencing disproportionate disparities 
                        in health status and health care; and
                            (ii) organizations, facilities, and 
                        institutions that have a history of working 
                        within and serving such communities.
            (2) Eligible area.--An area is eligible to be designated as 
        a health empowerment zone under this section if one or more 
        communities in the area experience disproportionate disparities 
        in health status and health care. In determining whether a 
        community experiences such disparities, the Secretary shall 
        consider the data collected by the Department of Health and 
        Human Services focusing on the following areas:
                    (A) Access to high-quality health services.
                    (B) Arthritis, osteoporosis, and chronic back 
                conditions.
                    (C) Cancer.
                    (D) Chronic kidney disease.
                    (E) Diabetes.
                    (F) Injury and violence prevention.
                    (G) Maternal, infant, and child health.
                    (H) Medical product safety.
                    (I) Mental health and mental disorders.
                    (J) Nutrition and overweight.
                    (K) Disability and secondary conditions.
                    (L) Educational and community-based health 
                programs.
                    (M) Environmental health.
                    (N) Family planning.
                    (O) Food safety.
                    (P) Health communication.
                    (Q) Health disease and stroke.
                    (R) HIV/AIDS.
                    (S) Immunization and infectious diseases.
                    (T) Occupational safety and health.
                    (U) Oral health.
                    (V) Physical activity and fitness.
                    (W) Public health infrastructure.
                    (X) Respiratory diseases.
                    (Y) Sexually transmitted diseases.
                    (Z) Substance abuse.
                    (AA) Tobacco use.
                    (BB) Vision and hearing.
    (c) Procedure.--
            (1) Request.--A request under subsection (a) shall--
                    (A) describe the bounds of the area to be 
                designated as a health empowerment zone and the process 
                used to select those bounds;
                    (B) demonstrate that the partnership submitting the 
                request is an eligible community partnership described 
                in subsection (b)(1);
                    (C) demonstrate that the area is an eligible area 
                described in subsection (b)(2);
                    (D) include a comprehensive assessment of 
                disparities in health status and health care experience 
                by one or more communities in the area;
                    (E) set forth--
                            (i) a vision and a set of values for the 
                        area; and
                            (ii) a comprehensive and holistic set of 
                        goals to be achieved in the area through 
                        designation as a health empowerment zone; and
                    (F) include a strategic plan for achieving the 
                goals described in subparagraph (E)(ii).
            (2) Approval.--Not later than 60 days after the receipt of 
        a request for designation of an area as a health empowerment 
        zone under this section, the Secretary shall approve or 
        disapprove the request.
    (d) Minimum Number.--The Secretary--
            (1) shall designate not more than 110 health empowerment 
        zones under this section; and
            (2) shall designate at least one health empowerment zone in 
        each of the several States, the District of Columbia, and each 
        territory or possession of the United States.

SEC. 5. ASSISTANCE TO THOSE SEEKING DESIGNATION.

    At the request of any organization or entity seeking to submit a 
request under section 4(a), the Secretary shall provide technical 
assistance, and may award a grant, to assist such organization or 
entity--
            (1) to form an eligible community partnership described in 
        subsection (b)(1);
            (2) to complete a health assessment, including an 
        assessment of health disparities under subsection (c)(1)(D); or
            (3) to prepare and submit a request, including a strategic 
        plan, in accordance with section 4.

SEC. 6. BENEFITS OF DESIGNATION.

    (a) Priority.--In awarding any competitive grant, a Federal 
official shall give priority to any applicant that--
            (1) meets the eligibility criteria for the grant;
            (2) proposes to use the grant for activities in a health 
        empowerment zone; and
            (3) demonstrates that such activities will directly and 
        significantly further the goals of the strategic plan approved 
        for such zone under section 4.
    (b) Grants for Initial Implementation of Strategic Plan.--
            (1) In general.--Upon designating an eligible area as a 
        health empowerment zone at the request of an eligible community 
        partnership, the Secretary shall, subject to the availability 
        of appropriations, make a grant to the community partnership 
        for implementation of the strategic plan for such zone.
            (2) Grant period.--A grant under paragraph (1) for a health 
        empowerment zone shall be for a period of 2 years and may be 
        renewed, except that the total period of grants under paragraph 
        (1) for such zone may not exceed 10 years.
            (3) Limitation.--In awarding grants under this subsection, 
        the Secretary shall not give less priority to an applicant or 
        reduce the amount of a grant because the Secretary rendered 
        technical assistance or made a grant to the same applicant 
        under section 5.
            (4) Reporting.--The Secretary shall require each recipient 
        of a grant under this subsection to report to the Secretary not 
        less than every 6 months on the progress in implementing the 
        strategic plan for the health empowerment zone.

SEC. 7. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of Health 
and Human Services, acting through the Administrator of the Health 
Resources and Services Administration and the Director of the Office of 
Minority Health, and in cooperation with the Director of the Office of 
Community Services and the Director of the National Center for Minority 
Health and Health Disparities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act, there is authorized to be appropriated 
$100,000,000 for fiscal year 2010.

Output: Health Empowerment Zone Act of 2009 - Authorizes the Secretary of Health and Human Services (HHS), at the request of a broad-based community partnership, to designate a community that experiences disproportionate disparities in health status and health care as a health empowerment zone. Requires federal officials to give priority in awarding competitive grants to grants used in or benefiting a health empowerment zone.

Directs the Secretary to provide: (1) technical assistance (or grants) to entities seeking to form a community partnership or obtain a health empowerment zone designation for a community; and (2) grants to community partnerships for implementation of the strategic plan for a health empowerment zone.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Cancer Patient Protection Act 
of 1997''.

SEC. 2. COVERAGE OF MINIMUM HOSPITAL STAY FOR CERTAIN BREAST CANCER 
              TREATMENT.

    (a) Group Health Plans.--
            (1) Public health service act amendments.--
                    (A) In general.--Subpart 2 of part A of title XXVII 
                of the Public Health Service Act, as amended by section 
                703(a) of Public Law 104-204, is amended by adding at 
                the end the following new section:

``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER 
              TREATMENT.

    ``(a) Requirements for Minimum Hospital Stay Following Mastectomy 
or Lymph Node Dissection.--
            ``(1) In general.--A group health plan, and a health 
        insurance issuer offering group health insurance coverage, may 
        not--
                    ``(A) except as provided in paragraph (2)--
                            ``(i) restrict benefits for any hospital 
                        length of stay in connection with a mastectomy 
                        for the treatment of breast cancer to less than 
                        48 hours, or
                            ``(ii) restrict benefits for any hospital 
                        length of stay in connection with a lymph node 
                        dissection for the treatment of breast cancer 
                        to less than 24 hours, or
                    ``(B) require that a provider obtain authorization 
                from the plan or the issuer for prescribing any length 
                of stay required under subparagraph (A) (without regard 
                to paragraph (2)).
            ``(2) Exception.--Paragraph (1)(A) shall not apply in 
        connection with any group health plan or health insurance 
        issuer in any case in which the decision to discharge the woman 
        involved prior to the expiration of the minimum length of stay 
        otherwise required under paragraph (1)(A) is made by an 
        attending provider in consultation with the woman.
    ``(b) Prohibitions.--A group health plan, and a health insurance 
issuer offering group health insurance coverage in connection with a 
group health plan, may not--
            ``(1) deny to a woman eligibility, or continued 
        eligibility, to enroll or to renew coverage under the terms of 
        the plan, solely for the purpose of avoiding the requirements 
        of this section;
            ``(2) provide monetary payments or rebates to women to 
        encourage such women to accept less than the minimum 
        protections available under this section;
            ``(3) penalize or otherwise reduce or limit the 
        reimbursement of an attending provider because such provider 
        provided care to an individual participant or beneficiary in 
        accordance with this section;
            ``(4) provide incentives (monetary or otherwise) to an 
        attending provider to induce such provider to provide care to 
        an individual participant or beneficiary in a manner 
        inconsistent with this section; or
            ``(5) subject to subsection (c)(3), restrict benefits for 
        any portion of a period within a hospital length of stay 
        required under subsection (a) in a manner which is less 
        favorable than the benefits provided for any preceding portion 
        of such stay.
    ``(c) Rules of Construction.--
            ``(1) Nothing in this section shall be construed to require 
        a woman who is a participant or beneficiary--
                    ``(A) to undergo a mastectomy or lymph node 
                dissection in a hospital; or
                    ``(B) to stay in the hospital for a fixed period of 
                time following a mastectomy or lymph node dissection.
            ``(2) This section shall not apply with respect to any 
        group health plan, or any group health insurance coverage 
        offered by a health insurance issuer, which does not provide 
benefits for hospital lengths of stay in connection with a mastectomy 
or lymph node dissection for the treatment of breast cancer.
            ``(3) Nothing in this section shall be construed as 
        preventing a group health plan or issuer from imposing 
        deductibles, coinsurance, or other cost-sharing in relation to 
        benefits for hospital lengths of stay in connection with a 
        mastectomy or lymph node dissection for the treatment of breast 
        cancer under the plan (or under health insurance coverage 
        offered in connection with a group health plan), except that 
        such coinsurance or other cost-sharing for any portion of a 
        period within a hospital length of stay required under 
        subsection (a) may not be greater than such coinsurance or 
        cost-sharing for any preceding portion of such stay.
    ``(d) Notice.--A group health plan under this part shall comply 
with the notice requirement under section 713(d) of the Employee 
Retirement Income Security Act of 1974 with respect to the requirements 
of this section as if such section applied to such plan.
    ``(e) Level and Type of Reimbursements.--Nothing in this section 
shall be construed to prevent a group health plan or a health insurance 
issuer offering group health insurance coverage from negotiating the 
level and type of reimbursement with a provider for care provided in 
accordance with this section.
    ``(f) Preemption; Exception for Health Insurance Coverage in 
Certain States.--
            ``(1) In general.--The requirements of this section shall 
        not apply with respect to health insurance coverage if there is 
        a State law (as defined in section 2723(d)(1)) for a State that 
        regulates such coverage that is described in any of the 
        following subparagraphs:
                    ``(A) Such State law requires such coverage to 
                provide for at least a 48-hour hospital length of stay 
                following a mastectomy performed for treatment of 
                breast cancer and at least a 24-hour hospital length of 
                stay following a lymph node dissection for treatment of 
                breast cancer.
                    ``(B) Such State law requires, in connection with 
                such coverage for surgical treatment of breast cancer, 
                that the hospital length of stay for such care is left 
                to the decision of (or required to be made by) the 
                attending provider in consultation with the woman 
                involved.
            ``(2) Construction.--Section 2723(a)(1) shall not be 
        construed as superseding a State law described in paragraph 
        (1).''.
                    (B) Conforming amendment.--Section 2723(c) of such 
                Act (42 U.S.C. 300gg-23(c)), as amended by section 
                604(b)(2) of Public Law 104-204, is amended by striking 
                ``section 2704'' and inserting ``sections 2704 and 
                2706''.
            (2) ERISA amendments.--
                    (A) In general.--Subpart B of part 7 of subtitle B 
                of title I of the Employee Retirement Income Security 
                Act of 1974, as amended by section 702(a) of Public Law 
                104-204, is amended by adding at the end the following 
                new section:

``SEC. 713. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER 
              TREATMENT.

    ``(a) Requirements for Minimum Hospital Stay Following Mastectomy 
or Lymph Node Dissection.--
            ``(1) In general.--A group health plan, and a health 
        insurance issuer offering group health insurance coverage, may 
        not--
                    ``(A) except as provided in paragraph (2)--
                            ``(i) restrict benefits for any hospital 
                        length of stay in connection with a mastectomy 
                        for the treatment of breast cancer to less than 
                        48 hours, or
                            ``(ii) restrict benefits for any hospital 
                        length of stay in connection with a lymph node 
                        dissection for the treatment of breast cancer 
                        to less than 24 hours, or
                    ``(B) require that a provider obtain authorization 
                from the plan or the issuer for prescribing any length 
                of stay required under subparagraph (A) (without regard 
                to paragraph (2)).
            ``(2) Exception.--Paragraph (1)(A) shall not apply in 
        connection with any group health plan or health insurance 
        issuer in any case in which the decision to discharge the woman 
        involved prior to the expiration of the minimum length of stay 
        otherwise required under paragraph (1)(A) is made by an 
        attending provider in consultation with the woman.
    ``(b) Prohibitions.--A group health plan, and a health insurance 
issuer offering group health insurance coverage in connection with a 
group health plan, may not--
            ``(1) deny to a woman eligibility, or continued 
        eligibility, to enroll or to renew coverage under the terms of 
the plan, solely for the purpose of avoiding the requirements of this 
section;
            ``(2) provide monetary payments or rebates to women to 
        encourage such women to accept less than the minimum 
        protections available under this section;
            ``(3) penalize or otherwise reduce or limit the 
        reimbursement of an attending provider because such provider 
        provided care to an individual participant or beneficiary in 
        accordance with this section;
            ``(4) provide incentives (monetary or otherwise) to an 
        attending provider to induce such provider to provide care to 
        an individual participant or beneficiary in a manner 
        inconsistent with this section; or
            ``(5) subject to subsection (c)(3), restrict benefits for 
        any portion of a period within a hospital length of stay 
        required under subsection (a) in a manner which is less 
        favorable than the benefits provided for any preceding portion 
        of such stay.
    ``(c) Rules of Construction.--
            ``(1) Nothing in this section shall be construed to require 
        a woman who is a participant or beneficiary--
                    ``(A) to undergo a mastectomy or lymph node 
                dissection in a hospital; or
                    ``(B) to stay in the hospital for a fixed period of 
                time following a mastectomy or lymph node dissection.
            ``(2) This section shall not apply with respect to any 
        group health plan, or any group health insurance coverage 
        offered by a health insurance issuer, which does not provide 
        benefits for hospital lengths of stay in connection with a 
        mastectomy or lymph node dissection for the treatment of breast 
        cancer.
            ``(3) Nothing in this section shall be construed as 
        preventing a group health plan or issuer from imposing 
        deductibles, coinsurance, or other cost-sharing in relation to 
        benefits for hospital lengths of stay in connection with a 
        mastectomy or lymph node dissection for the treatment of breast 
        cancer under the plan (or under health insurance coverage 
        offered in connection with a group health plan), except that 
        such coinsurance or other cost-sharing for any portion of a 
        period within a hospital length of stay required under 
        subsection (a) may not be greater than such coinsurance or 
        cost-sharing for any preceding portion of such stay.
    ``(d) Notice Under Group Health Plan.--The imposition of the 
requirements of this section shall be treated as a material 
modification in the terms of the plan described in section 102(a)(1), 
for purposes of assuring notice of such requirements under the plan; 
except that the summary description required to be provided under the 
last sentence of section 104(b)(1) with respect to such modification 
shall be provided by not later than 60 days after the first day of the 
first plan year in which such requirements apply.
    ``(e) Level and Type of Reimbursements.--Nothing in this section 
shall be construed to prevent a group health plan or a health insurance 
issuer offering group health insurance coverage from negotiating the 
level and type of reimbursement with a provider for care provided in 
accordance with this section.
    ``(f) Preemption; Exception for Health Insurance Coverage in 
Certain States.--
            ``(1) In general.--The requirements of this section shall 
        not apply with respect to health insurance coverage if there is 
        a State law (as defined in section 731(d)(1)) for a State that 
        regulates such coverage that is described in any of the 
        following subparagraphs:
                    ``(A) Such State law requires such coverage to 
                provide for at least a 48-hour hospital length of stay 
                following a mastectomy performed for treatment of 
                breast cancer and at least a 24-hour hospital length of 
                stay following a lymph node dissection for treatment of 
                breast cancer.
                    ``(B) Such State law requires, in connection with 
                such coverage for surgical treatment of breast cancer, 
                that the hospital length of stay for such care is left 
                to the decision of (or required to be made by) the 
                attending provider in consultation with the woman 
                involved.
            ``(2) Construction.--Section 731(a)(1) shall not be 
        construed as superseding a State law described in paragraph 
        (1).''.
                    (B) Conforming amendments.--
                            (i) Section 731(c) of such Act (29 U.S.C. 
                        1191(c)), as amended by section 603(b)(1) of 
                        Public Law 104-204, is amended by striking 
                        ``section 711'' and inserting ``sections 711 
                        and 713''.
                            (ii) Section 732(a) of such Act (29 U.S.C. 
                        1191a(a)), as amended by section 603(b)(2) of 
                        Public Law 104-204, is amended by striking 
                        ``section 711'' and inserting ``sections 711 
                        and 713''.
                            (iii) The table of contents in section 1 of 
                        such Act is amended by inserting after the item 
relating to section 712 the following new item:

``Sec. 713. Standards relating to benefits for certain breast cancer 
                            treatment.''.
    (b) Individual Health Insurance.--
            (1) In general.--Part B of title XXVII of the Public Health 
        Service Act, as amended by section 605(a) of Public Law 104-
        204, is amended by inserting after section 2751 the following 
        new section:

``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER 
              TREATMENT.

    ``(a) In General.--The provisions of section 2706 (other than 
subsection (d)) shall apply to health insurance coverage offered by a 
health insurance issuer in the individual market in the same manner as 
it applies to health insurance coverage offered by a health insurance 
issuer in connection with a group health plan in the small or large 
group market.
    ``(b) Notice.--A health insurance issuer under this part shall 
comply with the notice requirement under section 713(d) of the Employee 
Retirement Income Security Act of 1974 with respect to the requirements 
referred to in subsection (a) as if such section applied to such issuer 
and such issuer were a group health plan.
    ``(c) Preemption; Exception for Health Insurance Coverage in 
Certain States.--
            ``(1) In general.--The requirements of this section shall 
        not apply with respect to health insurance coverage if there is 
        a State law (as defined in section 2723(d)(1)) for a State that 
        regulates such coverage that is described in any of the 
        following subparagraphs:
                    ``(A) Such State law requires such coverage to 
                provide for at least a 48-hour hospital length of stay 
                following a mastectomy performed for treatment of 
                breast cancer and at least a 24-hour hospital length of 
                stay following a lymph node dissection for treatment of 
                breast cancer.
                    ``(B) Such State law requires, in connection with 
                such coverage for surgical treatment of breast cancer, 
                that the hospital length of stay for such care is left 
                to the decision of (or required to be made by) the 
                attending provider in consultation with the woman 
                involved.
            ``(2) Construction.--Section 2762(a) shall not be construed 
        as superseding a State law described in paragraph (1).''.
            (2) Conforming amendment.--Section 2762(b)(2) of such Act 
        (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of 
        Public Law 104-204, is amended by striking ``section 2751'' and 
        inserting ``sections 2751 and 2752''.
    (c) Effective Dates.--
            (1) Group market.--The amendments made by subsection (a) 
        shall apply with respect to group health plans for plan years 
        beginning on or after January 1, 1998.
            (2) Individual market.--The amendment made by subsection 
        (b) shall apply with respect to health insurance coverage 
        offered, sold, issued, renewed, in effect, or operated in the 
        individual market on or after such date.


Output: Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from:  (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay.  Prohibits:  (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers.   Applies the same requirements to issuers in the individual market.