105th CONGRESS
2d Session
H. R. 3605
IN THE HOUSE OF REPRESENTATIVES
March 31, 1998
Mr. DINGELL (for himself, and Co-sponsors) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, 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 amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Patients' Bill of Rights Act of 1998'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:



TITLE I--HEALTH INSURANCE BILL OF RIGHTS
Subtitle A--Access to Care

SEC. 101. ACCESS TO EMERGENCY CARE.

SEC. 102. OFFERING OF CHOICE OF COVERAGE OPTIONS UNDER GROUP HEALTH PLANS.

SEC. 103. CHOICE OF PROVIDERS.

SEC. 104. ACCESS TO SPECIALTY CARE.

SEC. 105. CONTINUITY OF CARE.

SEC. 106. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL TRIALS.

SEC. 107. ACCESS TO NEEDED PRESCRIPTION DRUGS.

SEC. 108. ADEQUACY OF PROVIDER NETWORK.

SEC. 109. NONDISCRIMINATION IN DELIVERY OF SERVICES.

Subtitle B--Quality Assurance

SEC. 111. INTERNAL QUALITY ASSURANCE PROGRAM.

SEC. 112. COLLECTION OF STANDARDIZED DATA.

SEC. 113. PROCESS FOR SELECTION OF PROVIDERS.

SEC. 114. DRUG UTILIZATION PROGRAM.
A group health plan, and a health insurance issuer that provides health insurance coverage, that includes benefits for prescription drugs shall establish and maintain, as part of its internal quality assurance and continuous quality improvement program under section 111, a drug utilization program which--

SEC. 115. STANDARDS FOR UTILIZATION REVIEW ACTIVITIES.

SEC. 116. HEALTH CARE QUALITY ADVISORY BOARD.

Subtitle C--Patient Information

SEC. 121. PATIENT INFORMATION.

SEC. 122. PROTECTION OF PATIENT CONFIDENTIALITY.
Insofar as a group health plan, or a health insurance issuer that offers health insurance coverage, maintains medical records or other health information regarding participants, beneficiaries, and enrollees, the plan or issuer shall establish procedures--

SEC. 123. HEALTH INSURANCE OMBUDSMEN.

Subtitle D--Grievance and Appeals Procedures

SEC. 131. ESTABLISHMENT OF GRIEVANCE PROCESS.

SEC. 132. INTERNAL APPEALS OF ADVERSE DETERMINATIONS.

SEC. 133. EXTERNAL APPEALS OF ADVERSE DETERMINATIONS.

Subtitle E--Protecting the Doctor-Patient Relationship

SEC. 141. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS.

SEC. 142. PROHIBITION AGAINST TRANSFER OF INDEMNIFICATION OR IMPROPER INCENTIVE ARRANGEMENTS.

SEC. 143. ADDITIONAL RULES REGARDING PARTICIPATION OF HEALTH CARE PROFESSIONALS.

SEC. 144. PROTECTION FOR PATIENT ADVOCACY.

Subtitle F--Promoting Good Medical Practice

SEC. 151. PROMOTING GOOD MEDICAL PRACTICE.

SEC. 152. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT.

SEC. 153. STANDARDS RELATING TO BENEFITS FOR RECONSTRUCTIVE BREAST SURGERY.

Subtitle G--Definitions

SEC. 191. DEFINITIONS.

SEC. 192. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.

SEC. 193. REGULATIONS.
The Secretaries of Health and Human Services, Labor, and the Treasury shall issue such regulations as may be necessary or appropriate to carry out this title. Such regulations shall be issued consistent with section 104 of Health Insurance Portability and Accountability Act of 1996. Such Secretaries may promulgate any interim final rules as the Secretaries determine are appropriate to carry out this title.

TITLE II--APPLICATION OF PATIENT PROTECTION STANDARDS TO GROUP HEALTH PLANS AND HEALTH INSURANCE COVERAGE UNDER PUBLIC HEALTH SERVICE ACT

SEC. 201. APPLICATION TO GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE COVERAGE.

SEC. 202. APPLICATION TO INDIVIDUAL HEALTH INSURANCE COVERAGE.
Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section:

TITLE III--AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

SEC. 301. APPLICATION OF PATIENT PROTECTION STANDARDS TO GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE COVERAGE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

SEC. 302. ERISA PREEMPTION NOT TO APPLY TO CERTAIN ACTIONS INVOLVING HEALTH INSURANCE POLICYHOLDERS.

TITLE IV--APPLICATION TO GROUP HEALTH PLANS UNDER THE INTERNAL REVENUE CODE OF 1986.

SEC. 401. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended--

TITLE V--EFFECTIVE DATES; COORDINATION IN IMPLEMENTATION

SEC. 501. EFFECTIVE DATES.

SEC. 502. COORDINATION IN IMPLEMENTATION.
Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking `this subtitle (and the amendments made by this subtitle and section 401)' and inserting `the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, chapter 100 of the Internal Revenue Code of 1986, and title I of the Patients' Bill of Rights Act of 1998'.



Co-sponsors
(Mr. GEPHARDT, Mr. BROWN of Ohio, Mr. RANGEL, Mr. STARK, Mr. CLAY, Mr. PAYNE, Mr. FAZIO of California, Mr. WAXMAN, Mr. ABERCROMBIE, Mr. ALLEN, Mr. ANDREWS, Mr. BAESLER, Mr. BENTSEN, Mr. BERMAN, Mr. BOSWELL, Mr. BOUCHER, Ms. BROWN of Florida, Mr. BROWN of California, Mrs. CAPPS, Mr. CARDIN, Ms. CARSON, Ms. CHRISTIAN-GREEN, Mrs. CLAYTON, Mr. CLEMENT, Mr. COYNE, Mr. CUMMINGS, Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Ms. ESHOO, Mr. EVANS, Mr. FILNER, Mr. FORD, Mr. FRANK of Massachusetts, Mr. FROST, Ms. FURSE, Mr. GEJDENSON, Mr. GREEN, Mr. HASTINGS of Florida, Mr. HILLIARD, Mr. HINCHEY, Mr. HOYER, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KAPTUR, Mr. KENNEDY of Massachusetts, Mrs. KENNELLY of Connecticut, Mr. KLINK, Mr. LAFALCE, Mr. LANTOS, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs. MALONEY of New York, Mr. MANTON, Mr. MARKEY, Mr. MARTINEZ, Mr. MATSUI, Ms. MCCARTHY of Missouri, Mr. MCGOVERN, Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. MENENDEZ, Mr. MILLER of California, Mr. MINGE, Mr. NADLER, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PASCRELL, Ms. PELOSI, Mr. PETERSON of Minnesota, Mr. RAHALL, Ms. RIVERS, Mr. ROMERO-BARCELO, Mr. SANDLIN, Mr. ROTHMAN, Mr. RUSH, Mr. SABO, Mr. SANDERS, Mr. SAWYER, Mr. SERRANO, Ms. STABENOW, Mr. STRICKLAND, Mr. STUPAK, Mr. THOMPSON, Mrs. THURMAN, Mr. TOWNS, Ms. VELAZQUEZ, Mr. VENTO, Mr. WEXLER, Mr. WEYGAND, Mr. WISE, Ms. WOOLSEY, Mr. WYNN, and Mr. YATES)