S 1028 in Congressional Session 104

Official Summary

 

Bill Number : S 1028

 

Title : A bill to provide increased access to health care benefits, to provide increased portability of health care benefits, to provide increased security of health care benefits, to increase the purchasing power of individuals and small employers, and for other purposes.

 

SUMMARY AS OF:
10/12/1995--Reported to Senate amended.    (There is 1 other summary) TABLE OF CONTENTS:

Title I:

Health Care Access, Portability, and Renewability Subtitle A: Group Market Rules Subtitle B: Individual Market Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Cooperatives

Title II:

Application and Enforcement of Standards

Title III:

Miscellaneous Provisions Health Insurance Reform Act of 1995 -

Title I:

Health Care Access, Portability, and Renewability - Subtitle A: Group Market Rules - Prohibits insurers from declining to offer whole group coverage to a group purchaser. Allows plans to establish eligibility, continuation, enrollment, or premium requirements, provided the requirements are not based on health status, medical condition, or similar factors.

(Sec. 102)

Mandates plan renewability, except for premium nonpayment, material misrepresentation, plan termination, or other specified reasons.

(Sec. 103)

Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws (unless preempted by specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA)) that: (1) limit preexisting conditions to shorter periods than the provisions of this paragraph; or (2) recognize previous qualifying coverage with a lapse period longer than provided for by the provisions of this paragraph.

(Sec. 104)

Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status.

(Sec. 105)

Regulates disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Amends ERISA to modify requirements regarding disclosures to plan participants and beneficiaries. Subtitle B: Individual Market Rules - Prohibits an insurer (for an individual in a period of previous qualifying coverage) from declining to offer coverage or denying enrollment based on health status, medical condition, or similar factors.

(Sec. 111)

Mandates renewability of coverage for individuals, except for nonpayment of premiums, material misrepresentation, or plan termination.

(Sec. 112)

Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law does not achieve access goals described in this subtitle. Allows States to meet those goals by using a National Association of Insurance Commissioners (NAIC) model adopted using a consultation process the Secretary approves. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Cooperatives - Requires a State to certify health plan purchasing cooperatives (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws. Preempts State premium rating requirement laws in certain circumstances. Requires compliance with State mandated benefit laws. Applies to HPPCs, for enforcement purposes only, the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement.

Title II:

Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on a plan to be imposed on the issuer.

(Sec. 202)

Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor, with employee plans enforced in the same manner as under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so.

Title III:

Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the: (1) Senate Labor and Human Resources Committee that the establishment of medical savings accounts should be encouraged as part of any health insurance reform legislation passed; and (2) Senate that the Congress should take steps to further the purposes of this Act. Mandates a study and report to appropriate congressional committees on: (1) mechanisms to ensure the availability of reasonably priced health coverage to employers purchasing group and individuals purchasing non-group coverage; and (2) whether standards limiting premium variation will further the purposes of this Act. Declares that the Senate Labor and Human Resources Committee finds that the Public Trustees of Medicare concluded in a specified report that: (1) the current Medicare program (title XVIII of the Social Security Act) is unsustainable; (2) the Hospital Insurance Trust Fund will be able to pay benefits for only about seven years and is severely out of long-range balance; and (3) the Trustees recommended that the Fund problems be comprehensively addressed.

Votes

Title : A bill to provide increased access to health care benefits, to provide increased portability of health care benefits, to provide increased security of health care benefits, to increase the purchasing power of individuals and small employers, and for other purposes.
Votes in the US Senate
Roll NumberVote DateQuestionDescriptionVote Result
771996-04-18On the Motion to Table S.Amdt. 3685motion to table Coats amdt. no. 3685; To encourage the provision of medical services in medically underserved communities by extending Federal liability coverage to medical volunteers.Rejected
761996-04-18On the Motion to Table S.Amdt. 3683motion to table harkin amendment no. 3683; To reduce health care fraud, waste, and abuse.Agreed to
751996-04-18On the Motion to Table S.Amdt. 3681motion to table domenici amendment no.3681; To ensure that parity is provided under health plans for severe mental illness services.Rejected
741996-04-18On the Motion to Table S.Amdt. 3679motion to table jeffords amendment no. 3679; To establish a minimum amount that may be applied as an aggregate lifetime limit with respect to coverage under an employee health benefit plan or a group health plan.Agreed to
731996-04-18On the Amendment S.Amdt. 3676dole amendment no. 3676, as amended; To amend the Internal Revenue Code of 1986 to improve health and long-term care coverage in the group and individual markets by making health and long-term care insurance more accessible and affordable.Agreed to
721996-04-18On the Amendment S.Amdt. 3677kassebaum amendment no.3677; To strike medical savings savings accounts.Agreed to
Votes in the US House
This Bill was not Voted in the US House

Sponsors

 
Congressional Sponsors of S 1028
 
Bill Number : S 1028
Title : A bill to provide increased access to health care benefits, to provide increased portability of health care benefits, to provide increased security of health care benefits, to increase the purchasing power of individuals and small employers, and for other purposes.
Sponsor: Sen Kassebaum, Nancy Landon [KS] (introduced 7/13/1995)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Sen Abraham, Spencer [MI] - 9/8/1995

    Sen Akaka, Daniel K. [HI] - 2/27/1996

    Sen Baucus, Max [MT] - 3/29/1996

    Sen Bennett, Robert F. [UT] - 9/5/1995

    Sen Bond, Christopher S. [MO] - 2/7/1996

    Sen Boxer, Barbara [CA] - 2/6/1996

    Sen Bradley, Bill [NJ] - 4/16/1996

    Sen Breaux, John B. [LA] - 4/16/1996

    Sen Bryan, Richard H. [NV] - 2/7/1996

    Sen Campbell, Ben Nighthorse [CO] - 4/18/1996

    Sen Chafee, John H. [RI] - 7/13/1995

    Sen Cochran, Thad [MS] - 12/11/1995

    Sen Cohen, William S. [ME] - 7/17/1995

    Sen Conrad, Kent [ND] - 3/20/1996

    Sen D'Amato, Alfonse [NY] - 4/16/1996

    Sen Daschle, Thomas A. [SD] - 11/14/1995

    Sen DeWine, Mike [OH] - 11/7/1995

    Sen Dodd, Christopher J. [CT] - 7/13/1995

    Sen Domenici, Pete V. [NM] - 4/18/1996

    Sen Dorgan, Byron L. [ND] - 8/3/1995

    Sen Feingold, Russell D. [WI] - 2/27/1996

    Sen Feinstein, Dianne [CA] - 2/27/1996

    Sen Ford, Wendell H. [KY] - 10/18/1995

    Sen Frist, William H. [TN] - 7/13/1995

    Sen Glenn, John H., Jr. [OH] - 8/3/1995

    Sen Gorton, Slade [WA] - 7/13/1995

    Sen Graham, Bob [FL] - 11/7/1995

    Sen Grassley, Chuck [IA] - 4/17/1996

    Sen Gregg, Judd [NH] - 7/13/1995

    Sen Harkin, Tom [IA] - 4/16/1996

    Sen Hatch, Orrin G. [UT] - 7/13/1995

    Sen Hatfield, Mark O. [OR] - 9/7/1995

    Sen Hollings, Ernest F. [SC] - 12/11/1995

    Sen Inouye, Daniel K. [HI] - 7/28/1995

    Sen Jeffords, James M. [VT] - 7/13/1995

    Sen Johnston, J. Bennett [LA] - 4/17/1996

    Sen Kennedy, Edward M. [MA] - 7/13/1995

    Sen Kerrey, J. Robert [NE] - 7/17/1995

    Sen Kerry, John F. [MA] - 1/25/1996

    Sen Kohl, Herb [WI] - 1/24/1996

    Sen Lautenberg, Frank R. [NJ] - 2/29/1996

    Sen Leahy, Patrick J. [VT] - 1/26/1996

    Sen Levin, Carl [MI] - 3/20/1996

    Sen Lieberman, Joseph I. [CT] - 7/13/1995

    Sen Lugar, Richard G. [IN] - 1/30/1996

    Sen McCain, John [AZ] - 9/29/1995

    Sen McConnell, Mitch [KY] - 10/23/1995

    Sen Mikulski, Barbara A. [MD] - 7/13/1995

    Sen Moseley-Braun, Carol [IL] - 11/9/1995

    Sen Murray, Patty [WA] - 3/7/1996

    Sen Pell, Claiborne [RI] - 7/13/1995

    Sen Pressler, Larry [SD] - 12/6/1995

    Sen Pryor, David H. [AR] - 12/22/1995

    Sen Reid, Harry [NV] - 3/11/1996

    Sen Robb, Charles S. [VA] - 1/31/1996

    Sen Rockefeller, John D., IV [WV] - 7/17/1995

    Sen Sarbanes, Paul S. [MD] - 4/15/1996

    Sen Shelby, Richard C. [AL] - 3/5/1996

    Sen Simon, Paul [IL] - 7/13/1995

    Sen Simpson, Alan K. [WY] - 7/17/1995

    Sen Snowe, Olympia J. [ME] - 8/10/1995

    Sen Specter, Arlen [PA] - 4/16/1996

    Sen Stevens, Ted [AK] - 10/23/1995

    Sen Warner, John [VA] - 11/15/1995

    Sen Wellstone, Paul D. [MN] - 7/13/1995

    Sen Wyden, Ron [OR] - 4/18/1996

Other Info

Bill Number : S 1028
Title : A bill to provide increased access to health care benefits, to provide increased portability of health care benefits, to provide increased security of health care benefits, to increase the purchasing power of individuals and small employers, and for other purposes.
 
 
ALL ACTIONS:
(Floor Actions/Congressional Record Page References)
 
7/13/1995:Sponsor introductory remarks on measure. (CR S9905)
 
7/13/1995:Read twice and referred to the Committee on Labor and Human Resources.
 
7/18/1995:Committee on Labor and Human Resources. Hearings held.
 
7/28/1995:Committee on Labor and Human Resources. Hearings held.
 
8/2/1995:Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
 
10/12/1995:Committee on Labor and Human Resources. Reported to Senate by Senator Kassebaum with an amendment in the nature of a substitute. With written report No. 104-156.
 
10/12/1995:Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.
 
4/18/1996:Measure laid before Senate by unanimous consent. (consideration: CR S3503-3575, S3578-3613)
 
4/18/1996:The committee substitute as amended agreed to by Voice Vote.
 
4/18/1996:Senate incorporated this measure in H.R. 3103 as an amendment. (consideration: CR S3613)
 
4/19/1996:Returned to the Calendar. Calendar No. 205. (consideration: CR S3742)
 
4/23/1996:Senate passed companion measure H.R. 3103 in lieu of this measure by Yea-Nay Vote. 100-0. Record Vote No: 78.