Bill Summary & Status for the 106th Congress
 
NEW 
SEARCH | HOME | HELP 
H.R.2723 
Sponsor: Rep 
Norwood, Charlie (introduced 8/5/1999) 
Related Bills: H.RES.323, H.R.2990
Latest 
Major Action: 10/7/1999 Pursuant to the provisions of H. Res. 323, 
H.R. 2723 
is laid on the table. (The text of H.R. 2723 was 
added as new matter to H.R. 2990.) 
(CR D1107) 
Title: To amend title I of the Employee Retirement Income Security Act of 
1974, title XXVII of the Public Health Service Act, and the Internal Revenue 
Code of 1986 to protect consumers in managed care plans and other health 
coverage. 
Jump to: Titles, 
Status, 
Committees, 
Related 
Bill Details, Amendments, 
Cosponsors, 
Summary
TITLE(S):  (italics indicate a title for a 
portion of a bill)
  
  
- POPULAR TITLE(S): 
 Patient Protection bill (identified by 
  CRS)
 Managed Care bill (identified by CRS)
- SHORT TITLE(S) AS INTRODUCED: 
 Bipartisan Consensus Managed Care 
  Improvement Act of 1999
- SHORT TITLE(S) AS PASSED HOUSE: 
 Bipartisan Consensus Managed Care 
  Improvement Act of 1999
- OFFICIAL TITLE AS INTRODUCED: 
 To amend title I of the Employee 
  Retirement Income Security Act of 1974, title XXVII of the Public Health 
  Service Act, and the Internal Revenue Code of 1986 to protect consumers in 
  managed care plans and other health coverage.
STATUS: (color indicates Senate actions) (Floor 
Actions/Congressional Record Page References) 
  - 8/5/1999:
  
- Referred to the Committee on Commerce, and in addition to the Committees 
  on Education and the Workforce, and Ways and Means, 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. 
  
- 8/5/1999:
  
- Referred to House Commerce 
  
    - 9/15/1999:
    
- Referred to the Subcommittee on Health and Environment. 
 
- 8/5/1999:
  
- Referred to House Education and the Workforce 
  
    - 9/10/1999:
    
- Referred to the Subcommittee on Employer-Employee Relations. 
 
- 8/5/1999:
  
- Referred to House Ways and Means 
  
    - 8/17/1999:
    
- Referred to the Subcommittee on Health. 
 
- 10/5/1999 10:07pm:
  
- Rules Committee Resolution H. Res. 323 
  Reported to House. Rule provides for consideration of H.R. 2990 
  and H.R. 
  2723. Provides two hours of debate on H.R. 2990 
  and waives all points of order against the bill. Provides one motion to 
  recommit the bill. Provides three hours of debate on H.R. 2723 
  and waives all points of order against the bill. The amendments to H.R. 2723, 
  printed in Part A of H. Rept. 106-366 
  shall be considered as adopted. Further provides for consideration of 
  amendments printed in Part B of H. Rept. 106-366 
  and waives all points of order against them except that the adoption of an 
  amendment in the nature of a substitute shall constitute the conclusion of the 
  bill for amendment. In the engrossment of H.R. 2990, 
  the Clerk shall add the text of H.R. 2723, 
  as passed by the House, as a new matter at the end of H.R. 2990, 
  and then lay H.R. 2723 on 
  the table. 
  
- 10/6/1999 2:04pm:
  
- Rule H. 
  Res. 323 passed House. 
  
- 10/6/1999 5:24pm:
  
- Considered under the provisions of rule H. Res. 
  323. 
  
- 10/6/1999 5:24pm:
  
- House resolved itself into the Committee of the Whole House on the state 
  of the Union pursuant to H. Res. 323 
  and Rule XXIII. 
  
- 10/6/1999 5:24pm:
  
- The Speaker designated the Honorable Doc Hastings to act as Chairman of 
  the Committee. 
  
- 10/6/1999 9:02pm:
  
- Committee of the Whole House on the state of the Union rises leaving H.R. 2723 as 
  unfinished business. 
  
- 10/7/1999 11:06am:
  
- Considered as unfinished business. 
  
- 10/7/1999 11:06am:
  
- The House resolved into Committee of the Whole House on the state of the 
  Union for further consideration. 
  
- 10/7/1999 11:07am:
  
- Pursuant to H. Res. 
  323, the amendments printed in Part A of H. Rept. 106-366 
  were considered as adopted. The amendments make technical changes and clarify 
  provisions to ensure that employers cannot be held liable unless they are 
  making medical decisions. 
  
- 10/7/1999 11:09am:
  
- H.AMDT.513 
  Amendment (A001) in the nature of a substitute offered by Mr. Boehner. 
  
 Amendment in the nature of a substitute sought to prohibit gag rules, 
  ensure access to emergency medical care, direct access to an OB/GYN, access to 
  a pediatrician as a primary care provider, establish continuity of care, make 
  health care lawsuit reform with limits on "non-economic damages", and require 
  a patient choice of provider option.
- 10/7/1999 12:46pm:
  
- H.AMDT.513 On 
  agreeing to the Boehner amendment (A001) Failed by recorded vote: 145 - 284 
  (Roll 
  no. 487). 
  
- 10/7/1999 12:47pm:
  
- H.AMDT.514 
  Amendment (A002) in the nature of a substitute offered by Mr. Goss. 
  
 Amendment in the nature of a substitute sought to establish utilization 
  review procedures, require a timely appeals process and external review of 
  benefit disputes, allow patients to sue for denials that cause harm, provide 
  protection for employers, allow choice of medical professionals, prohibit gag 
  clauses, and expand access to clinical trials.
- 10/7/1999 2:39pm:
  
- H.AMDT.514 On 
  agreeing to the Goss amendment (A002) Failed by recorded vote: 193 - 238 (Roll 
  no. 488). 
  
- 10/7/1999 2:39pm:
  
- H.AMDT.515 
  Amendment (A003) in the nature of a substitute offered by Mr. Houghton. 
  
 Amendment sought to allow lawsuits in Federal court, rather than State 
  court, against the final decision-maker who fails to exercise ordinary care 
  decisions including employers, cap non-economic damages and prohibit punitive 
  damages.
- 10/7/1999 4:22pm:
  
- H.AMDT.515 On 
  agreeing to the Houghton amendment (A003) Failed by recorded vote: 160 - 269 
  (Roll 
  no. 489). 
  
- 10/7/1999 4:22pm:
  
- H.AMDT.516 
  Amendment (A004) offered by the Committee on Rules. 
 Pursuant to H. Res. 
  323, the amendments printed in Part A of H. Rept. 106-366 
  were considered as adopted. The amendments make technical changes and clarify 
  provisions to ensure that employers cannot be held liable unless they are 
  making medical decisions.
- 10/7/1999 4:22pm:
  
- H.AMDT.516 On 
  agreeing to the Rules amendment (A004) Agreed to without objection. 
  
- 10/7/1999 4:22pm:
  
- The House rose from the Committee of the Whole House on the state of the 
  Union to report H.R. 2723. 
  
- 10/7/1999 4:22pm:
  
- The previous question was ordered pursuant to the rule. 
  
- 10/7/1999 4:40pm:
  
- On passage Passed by recorded vote: 275 - 151 (Roll 
  no. 490). 
  
- 10/7/1999 4:40pm:
  
- Motion to reconsider laid on the table Agreed to without objection. 
  
- 10/7/1999 4:41pm:
  
- The title of the measure was amended. Agreed to without objection. 
  
- 10/7/1999 4:41pm:
  
- Pursuant to the provisions of H. Res. 
  323, H.R. 
  2723 is laid on the table. (The text of H.R. 2723 
  was added as new matter to H.R. 2990.) 
  (CR D1107) 
  
COMMITTEE(S):
RELATED BILL DETAILS:  (additional 
related bills may be indentified in Status)
  
  
    
    
      | Bill: | Relationship: | 
    
      | H.RES.323 | Rule related to H.R.2723 in House | 
    
      | H.RES.323 | Bill that causes H.R.2723 to be laid on table in House | 
    
      | H.R.2990 | This bill has text inserted from H.R.2723 | 
AMENDMENT(S): 
  1. H.AMDT.513 to 
  H.R.2723 
  Amendment in the nature of a substitute sought to prohibit gag rules, ensure 
  access to emergency medical care, direct access to an OB/GYN, access to a 
  pediatrician as a primary care provider, establish continuity of care, make 
  health care lawsuit reform with limits on "non-economic damages", and require 
  a patient choice of provider option. 
Sponsor: Rep 
  Boehner, John A. - Latest Major Action: 10/7/1999 House amendment 
  not agreed to
  
2. H.AMDT.514 to 
  H.R.2723 
  Amendment in the nature of a substitute sought to establish utilization review 
  procedures, require a timely appeals process and external review of benefit 
  disputes, allow patients to sue for denials that cause harm, provide 
  protection for employers, allow choice of medical professionals, prohibit gag 
  clauses, and expand access to clinical trials. 
Sponsor: Rep 
  Goss, Porter J. - Latest Major Action: 10/7/1999 House amendment 
  not agreed to
  
3. H.AMDT.515 to 
  H.R.2723 
  Amendment sought to allow lawsuits in Federal court, rather than State court, 
  against the final decision-maker who fails to exercise ordinary care decisions 
  including employers, cap non-economic damages and prohibit punitive damages. 
  
Sponsor: Rep 
  Houghton, Amo - Latest Major Action: 10/7/1999 House amendment not 
  agreed to
  
4. H.AMDT.516 to 
  H.R.2723 
  Pursuant to H. Res. 323, the amendments printed in Part A of H. Rept. 106-366 
  were considered as adopted. The amendments make technical changes and clarify 
  provisions to ensure that employers cannot be held liable unless they are 
  making medical decisions. 
Sponsor: House 
  Rules - Latest Major Action: 10/7/1999 House amendment agreed 
  to
Committees: House Rules 
  
COSPONSORS(155), ALPHABETICAL [followed by Cosponsors 
withdrawn]:     (Sort: by date)
  
  
    | Rep 
      Abercrombie, Neil - 9/28/1999 | Rep 
      Allen, Thomas H. - 9/28/1999 | 
  
    | Rep 
      Andrews, Robert E. - 8/5/1999 | Rep 
      Baird, Brian - 9/28/1999 | 
  
    | Rep 
      Baldacci, John Elias - 8/5/1999 | Rep 
      Baldwin, Tammy - 9/28/1999 | 
  
    | Rep 
      Barr, Bob - 8/5/1999 | Rep 
      Barrett, Thomas M. - 8/5/1999 | 
  
    | Rep 
      Becerra, Xavier - 9/30/1999 | Rep 
      Bentsen, Ken - 9/28/1999 | 
  
    | Rep 
      Berkley, Shelley - 8/5/1999 | Rep 
      Berry, Marion - 8/5/1999 | 
  
    | Rep 
      Bishop, Sanford D. Jr. - 9/28/1999 | Rep 
      Blumenauer, Earl - 9/28/1999 | 
  
    | Rep 
      Boehlert, Sherwood L. - 8/5/1999 | Rep 
      Bonior, David E. - 8/5/1999 | 
  
    | Rep 
      Borski, Robert A. - 10/5/1999 | Rep 
      Boswell, Leonard L. - 9/28/1999 | 
  
    | Rep 
      Boucher, Rick - 8/5/1999 | Rep 
      Brady, Robert - 8/5/1999 | 
  
    | Rep 
      Brown, Sherrod - 8/5/1999 | Rep 
      Capps, Lois - 8/5/1999 | 
  
    | Rep 
      Capuano, Michael E. - 9/28/1999 | Rep 
      Cardin, Benjamin L. - 8/5/1999 | 
  
    | Rep 
      Christensen, Donna MC - 9/28/1999 | Rep 
      Clay, William (Bill) - 8/5/1999 | 
  
    | Rep 
      Clayton, Eva M. - 8/5/1999 | Rep 
      Clement, Bob - 9/28/1999 | 
  
    | Rep 
      Clyburn, James E. - 9/28/1999 | Rep 
      Cooksey, John - 8/5/1999 | 
  
    | Rep 
      Costello, Jerry F. - 9/28/1999 | Rep 
      Coyne, William J. - 9/28/1999 | 
  
    | Rep 
      Crowley, Joseph - 9/28/1999 | Rep 
      Cubin, Barbara - 8/5/1999 | 
  
    | Rep 
      Cummings, Elijah E. - 9/30/1999 | Rep 
      Davis, Jim - 9/28/1999 | 
  
    | Rep 
      DeGette, Diana - 9/28/1999 | Rep 
      DeLauro, Rosa L. - 9/28/1999 | 
  
    | Rep 
      Dicks, Norman D. - 8/5/1999 | Rep 
      Dingell, John D. - 8/5/1999 | 
  
    | Rep 
      Dixon, Julian C. - 9/28/1999 | Rep 
      Doyle, Michael F. - 8/5/1999 | 
  
    | Rep 
      Eshoo, Anna G. - 8/5/1999 | Rep 
      Evans, Lane - 9/28/1999 | 
  
    | Rep 
      Faleomavaega, Eni F. H. - 9/30/1999 | Rep 
      Farr, Sam - 9/28/1999 | 
  
    | Rep 
      Filner, Bob - 9/28/1999 | Rep 
      Foley, Mark - 8/5/1999 | 
  
    | Rep 
      Forbes, Michael P. - 8/5/1999 | Rep 
      Ford, Harold, Jr. - 8/5/1999 | 
  
    | Rep 
      Franks, Bob - 10/5/1999 | Rep 
      Frelinghuysen, Rodney P. - 8/5/1999 | 
  
    | Rep 
      Frost, Martin - 8/5/1999 | Rep 
      Ganske, Greg - 8/5/1999 | 
  
    | Rep 
      Gephardt, Richard A. - 8/5/1999 | Rep 
      Gibbons, Jim - 8/5/1999 | 
  
    | Rep 
      Gilchrest, Wayne T. - 8/5/1999 | Rep 
      Gilman, Benjamin A. - 8/5/1999 | 
  
    | Rep 
      Gonzalez, Charles A. - 10/5/1999 | Rep 
      Gordon, Bart - 9/28/1999 | 
  
    | Rep 
      Graham, Lindsey O. - 8/5/1999 | Rep 
      Green, Gene - 9/28/1999 | 
  
    | Rep 
      Gutierrez, Luis V. - 10/5/1999 | Rep 
      Hall, Ralph M. - 8/5/1999 | 
  
    | Rep 
      Hall, Tony P. - 10/5/1999 | Rep 
      Hilliard, Earl F. - 9/30/1999 | 
  
    | Rep 
      Hinchey, Maurice D. - 9/28/1999 | Rep 
      Hoeffel, Joseph M. - 9/28/1999 | 
  
    | Rep 
      Holden, Tim - 9/30/1999 | Rep 
      Holt, Rush D. - 8/5/1999 | 
  
    | Rep 
      Horn, Stephen - 8/5/1999 | Rep 
      Houghton, Amo - 8/5/1999 | 
  
    | Rep 
      Hoyer, Steny H. - 9/28/1999 | Rep 
      Inslee, Jay - 9/28/1999 | 
  
    | Rep 
      Jackson-Lee, Sheila - 9/28/1999 | Rep 
      Jefferson, William J. - 10/5/1999 | 
  
    | Rep 
      John, Christopher - 8/5/1999 | Rep 
      Johnson, Eddie Bernice - 9/28/1999 | 
  
    | Rep 
      Jones, Stephanie Tubbs - 9/28/1999 | Rep 
      Kanjorski, Paul E. - 9/28/1999 | 
  
    | Rep 
      Kaptur, Marcy - 9/28/1999 | Rep 
      Kennedy, Patrick J. - 9/28/1999 | 
  
    | Rep 
      Kildee, Dale E. - 9/28/1999 | Rep 
      Kilpatrick, Carolyn C. - 8/5/1999 | 
  
    | Rep 
      Kind, Ron - 9/30/1999 | Rep 
      Kleczka, Gerald D. - 9/28/1999 | 
  
    | Rep 
      Klink, Ron - 8/5/1999 | Rep 
      Kucinich, Dennis J. - 9/28/1999 | 
  
    | Rep 
      LaFalce, John J. - 9/28/1999 | Rep 
      Lampson, Nick - 10/5/1999 | 
  
    | Rep 
      LaTourette, Steve C. - 8/5/1999 | Rep 
      Leach, James A. - 8/5/1999 | 
  
    | Rep 
      Lee, Barbara - 9/28/1999 | Rep 
      Levin, Sander M. - 9/28/1999 | 
  
    | Rep 
      LoBiondo, Frank A. - 8/5/1999 | Rep 
      Lowey, Nita M. - 9/28/1999 | 
  
    | Rep 
      Maloney, Carolyn B. - 9/28/1999 | Rep 
      Maloney, James H. - 9/28/1999 | 
  
    | Rep 
      Mascara, Frank - 9/28/1999 | Rep 
      Matsui, Robert T. - 9/28/1999 | 
  
    | Rep 
      McCarthy, Carolyn - 8/5/1999 | Rep 
      McCarthy, Karen - 9/28/1999 | 
  
    | Rep 
      McDermott, Jim - 8/5/1999 | Rep 
      McGovern, James P. - 9/28/1999 | 
  
    | Rep 
      McNulty, Michael R. - 9/30/1999 | Rep 
      Meeks, Gregory W. - 9/28/1999 | 
  
    | Rep 
      Menendez, Robert - 9/28/1999 | Rep 
      Moore, Dennis - 9/28/1999 | 
  
    | Rep 
      Morella, Constance A. - 8/5/1999 | Rep 
      Murtha, John P. - 8/5/1999 | 
  
    | Rep 
      Owens, Major R. - 9/28/1999 | Rep 
      Pallone, Frank, Jr. - 8/5/1999 | 
  
    | Rep 
      Pascrell, Bill, Jr. - 8/5/1999 | Rep 
      Pastor, Ed - 9/28/1999 | 
  
    | Rep 
      Pelosi, Nancy - 9/28/1999 | Rep 
      Phelps, David D. - 8/5/1999 | 
  
    | Rep 
      Price, David E. - 9/30/1999 | Rep 
      Rahall, Nick J., II - 9/28/1999 | 
  
    | Rep 
      Rangel, Charles B. - 8/5/1999 | Rep 
      Rivers, Lynn N. - 9/28/1999 | 
  
    | Rep 
      Rodriguez, Ciro - 9/30/1999 | Rep 
      Romero-Barcelo, Carlos A. - 9/28/1999 | 
  
    | Rep 
      Rothman, Steve R. - 9/28/1999 | Rep 
      Roukema, Marge - 8/5/1999 | 
  
    | Rep 
      Rush, Bobby L. - 8/5/1999 | Rep 
      Sabo, Martin Olav - 9/28/1999 | 
  
    | Rep 
      Sandlin, Max - 8/5/1999 | Rep 
      Sawyer, Tom - 9/30/1999 | 
  
    | Rep 
      Saxton, Jim - 9/30/1999 | Rep 
      Schakowsky, Janice D. - 8/5/1999 | 
  
    | Rep 
      Scott, Robert C. - 10/5/1999 | Rep 
      Shaw, E. Clay, Jr. - 8/5/1999 | 
  
    | Rep 
      Shays, Christopher - 8/5/1999 | Rep 
      Sherman, Brad - 9/28/1999 | 
  
    | Rep 
      Smith, Christopher H. - 9/30/1999 | Rep 
      Snyder, Vic - 8/5/1999 | 
  
    | Rep 
      Spratt, John M., Jr. - 9/28/1999 | Rep 
      Stabenow, Debbie - 8/5/1999 | 
  
    | Rep 
      Stark, Fortney Pete - 8/5/1999 | Rep 
      Strickland, Ted - 9/28/1999 | 
  
    | Rep 
      Stupak, Bart - 9/28/1999 | Rep 
      Tanner, John S. - 8/5/1999 | 
  
    | Rep 
      Thompson, Mike - 9/30/1999 | Rep 
      Thurman, Karen L. - 8/5/1999 | 
  
    | Rep 
      Tierney, John F. - 9/28/1999 | Rep 
      Turner, Jim - 8/5/1999 | 
  
    | Rep 
      Vento, Bruce F. - 9/30/1999 | Rep 
      Visclosky, Peter J. - 9/28/1999 | 
  
    | Rep 
      Waxman, Henry A. - 8/5/1999 | Rep 
      Weiner, Anthony D. - 9/28/1999 | 
  
    | Rep 
      Wexler, Robert - 9/28/1999 | Rep 
      Weygand, Robert A. - 8/5/1999 | 
  
    | Rep 
      Wise, Robert E., Jr. - 9/28/1999 | Rep 
      Woolsey, Lynn C. - 9/28/1999 | 
  
    | Rep 
      Wynn, Albert Russell - 8/5/1999 | 
SUMMARY AS OF: 
10/7/1999--Passed House, 
amended.    (There is 1 other 
summary) 
TABLE OF CONTENTS:
  - Title I: Improving Managed Care
  
- Subtitle A: Grievances and Appeals
  
- Subtitle B: Access to Care
  
- Subtitle C: Access to Information
  
- Subtitle D: Protecting the Doctor-Patient Relationship
  
- Subtitle E: Definitions
  
- Title II: Application of Quality Care Standards to Group Health Plans and 
  Health
  
- Insurance Coverage Under the Public Health Service Act
  
- Title III: Amendments to the Employee Retirement Income Security Act of 
  1974
  
- Title IV: Application to Group Health Plans Under the Internal Revenue 
  Code of 1986
  
- Title V: Effective Dates; Coordination in Implementation
  
- Title VI: Health Care Paperwork Simplification
Bipartisan Consensus Managed Care Improvement Act of 1999 - Title I: 
Improving Managed Care - Subtitle A: Grievances and Appeals - 
Requires a group health plan, and a health insurance issuer that provides health 
insurance coverage, to conduct utilization review activities that monitor or 
evaluate the use or coverage, clinical necessity, appropriateness, efficacy, or 
efficiency of health care services, procedures, or settings.
(Sec. 102) Requires a plan and an issuer to provide appropriate notices to 
the participant, beneficiary, or enrollee for benefit claims it has denied that 
include reasons for denial and instructions for initiating specified internal 
appeals procedures, which must include procedures for an expedited review 
process in emergency situations.
(Sec. 103) Outlines external appeals procedures for the timely resolution of 
certain denied claims through the use of qualified external appeal entities, 
which shall determine whether the plan's or issuer's decision is in accordance 
with the patient's medical needs. Declares that an external appeal entity's 
determination is binding on the plan and issuer involved.
Provides for court-imposed civil monetary penalties and cease and desist 
orders against authorized officials of plan or issuers who refuse to timely 
follow the determination of an external appeal entity to provide a benefit.
(Sec. 104) Requires a plan and an issuer to establish a system featuring 
specified components for the presentation and resolution of grievances brought 
by participants, beneficiaries, or enrollees, or health care providers or other 
individuals acting on behalf of an individual either with the individual's 
consent or without it if the individual is medically unable to provide it. 
Declares that grievances are not subject to appeal under this subtitle.
Subtitle B: Access to Care - Provides that if an issuer offers 
coverage of services only if they are furnished through members of a network of 
health care professionals and providers contracting with the issuer, the issuer 
shall also offer the option of coverage of such services which are not furnished 
through members of such a network, unless enrollees are offered such non-network 
coverage through another plan or issuer in the group market. Makes the enrollee 
bear the cost of any additional premium the issuer charges for such option, and 
the amount of any additional cost sharing, unless it is paid by the health plan 
sponsor through agreement with the issuer.
(Sec. 112) States that if a plan or an issuer requires or provides for 
designation of a participating primary care provider by a participant, a 
beneficiary, or an enrollee, then the plan or issuer shall permit each such 
person to designate any participating primary care provider available to accept 
such individual.
Requires a plan and an issuer to permit each participant, beneficiary, or 
enrollee to receive medically necessary or appropriate speciality care, pursuant 
to appropriate referral procedures, from any qualified participating health care 
professional available to accept such individual. Waives such requirement in the 
case of specialty care if the plan or issuer clearly informs each participant, 
beneficiary, and enrollee of the limitations on choice of participating 
professionals with respect to such care.
(Sec. 113) Requires a plan or an issuer providing any emergency hospital 
benefits to cover emergency services: (1) without the need for any prior 
authorization determination; (2) whether or not the health care provider 
furnishing such services is a participating health care provider; and (3) 
without regard to any other term or condition of such coverage (other than 
exclusion or coordination of benefits, or an affiliation or waiting period, 
permitted under the Public Health Service Act, the Employee Retirement Income 
Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than 
applicable cost-sharing).
Requires such coverage in a manner so that, if the emergency services are 
provided by a nonparticipating health care provider with or without prior 
authorization or by a participating provider without such authorization, the 
participant, beneficiary, or enrollee is not liable for amounts exceeding the 
liability that would be incurred if the services were provided by a 
participating provider with prior authorization.
Prescribes the same coverage for maintenance care or post-stabilization care 
(subject to certain guidelines) by nonparticipating health care providers.
(Sec. 114) Requires plans and issuers to refer participants, beneficiaries, 
or enrollees who have a serious disease or condition requiring treatment by a 
specialist to an appropriate specialist who is available and accessible 
(regardless of whether the specialist is participating or nonparticipating), 
provided the benefits for such treatment are covered by the plan or issuer. Sets 
forth rules governing referrals and specialists.
(Sec. 115) Prohibits a plan or an issuer that requires or provides for 
designation of a participating primary care professional from requiring 
authorization or a referral by such primary care professional for gynecological 
care and pregnancy-related services provided by a participating health care 
professional (including a specialist). Requires the plan or issuer to treat the 
ordering of other obstetrical or gynecological care by such a participating 
professional as the authorization of the primary care professional.
(Sec. 116) Requires certain plans and issuers to permit an enrollee to 
designate a pediatrician as a primary care provider for the enrollee's child.
(Sec. 117) Prescribes requirements for continuity of care during a transition 
period for participants, beneficiaries, or enrollees undergoing treatment for an 
ongoing special condition in the event of a termination of: (1) a contract 
between the plan or an issuer and a health care provider; or (2) a contract 
between a plan and an issuer that results in the termination of coverage of 
services of a health care provider. Prescribes a 90-day basic transition period, 
with specified extensions in the case of scheduled surgery and organ 
transplantation, pregnancy, or terminal illness.
(Sec. 118) Provides that a plan or issuer restricting prescription drug 
benefits to drugs included in a formulary to: (1) ensure participation of 
participating physicians in development of the formulary; (2) disclose to 
providers, and upon request to participants, beneficiaries, and enrollees, the 
nature of the formulary restrictions; and (3) consistent with the standards for 
a utilization review program, provide for exceptions from the formulary 
limitation when a non-formulary alternative is medically indicated.
(Sec. 119) Prohibits a plan or issuer from: (1) denying individual 
participation in an approved clinical trial; (2) denying or limiting or imposing 
additional conditions on the coverage of routine patient costs for items and 
services furnished in connection with participation in the trial; and (3) 
discriminating against the individual on the basis of the enrollee's 
participation in such trial.
Subtitle C: Access to Information - Specifies benefits, access, 
emergency coverage, prior authorization, grievance and appeals, and other 
pertinent information which plans and issuers shall provide to participants and 
beneficiaries at the time of initial coverage, annually, within a reasonable 
period before or after the date of significant changes, and upon request.
Subtitle D: Protecting the Doctor-Patient Relationship - Prohibits any 
contract or agreement between a plan or issuer and a health care provider from 
prohibiting or otherwise restricting a health care professional from advising a 
participant, beneficiary, or enrollee who is the professional's patient about 
his or her health status or medical care or treatment for his or her condition 
or disease, regardless of whether benefits for such care or treatment are 
provided under the plan or coverage, if the professional is acting within the 
lawful scope of practice. Declares null and void any such contract or agreement 
provisions.
(Sec. 132) Prohibits a plan or issuer from discriminating with respect to 
participation or indemnification as to any provider acting within the scope of 
the provider's license or certification, solely on the basis of such license or 
certification.
(Sec. 133) Prohibits any plan or issuer from operating any physician 
incentive plan that does not meet certain requirements under title XVIII 
(Medicare) of the Social Security Act.
(Sec. 134) Requires a plan or issuer to provide for prompt payment of claims 
in a manner consistent with Medicare clean claims requirements.
(Sec. 135) Sets forth prohibitions and requirements for protection of: (1) 
participants, beneficiaries, enrollees, and health care providers in their use 
of a utilization review or grievance process; and (2) health care professionals 
for good faith disclosure of information to an appropriate agency or body in the 
interest of quality advocacy.
Subtitle E: Definitions - Sets forth definitions.
Title II: Application of Quality Care Standards to Group Health Plans and 
Health Insurance Coverage Under The Public Health Service Act - Amends the 
Public Health Service Act to require each plan and issuer to comply with the 
patient protection requirements of this Act.
(Sec. 202) Requires each health insurance issuer to comply with such 
requirements with respect to individual health insurance coverage.
Title III: Amendments to the Employee Retirement Income Security Act of 
1974 - Amends ERISA to: (1) require each plan and issuer to comply with the 
patient protection requirements of this Act; and (2) deem a plan in compliance 
with subtitle A of title I of this Act to be in compliance with ERISA's claim 
procedure requirement with respect to claims denial.
(Sec. 302) Declares that nothing in ERISA shall be construed to invalidate, 
impair, or supersede any cause of action under State law by a participant or 
beneficiary (or by his or her estate) to recover damages resulting from personal 
injury or wrongful death against any person (except employers and other plan 
sponsors) in connection with the provision of insurance, administrative 
services, or medical services by that person to or for a group health plan, or 
that arises out of the arrangement by that person for the provision of 
insurance, administrative services, or medical services by other persons.
Declares that no person shall be liable for punitive damages (unless with 
respect to wrongful death State law provides for damages which are only punitive 
or exemplary in nature) in any cause of action relating to an externally 
appealable decision when: (1) the appeal has been completed; and (2) the plan or 
issuer has complied with the determination of the external appeal entity.
Allows an action against an employer or other plan sponsor (or an employee of 
one or the other acting within the scope of employment) if it is based on the 
employer's or sponsor's exercise of discretionary authority to decide a claim 
for covered benefits, and such exercise has resulted in personal injury or 
wrongful death.
(Sec. 303) Places limitations on actions seeking relief (other than any 
brought by the Secretary) based on certain provisions of title I of this Act. 
Allows a participant or beneficiary to seek relief with respect to utilization 
review activities, access to emergency care, access to specialty care, access to 
obstetrical and gynecological care, access to pediatric care, continuity of 
care, access to non-formulary alternative prescription drugs, or coverage of 
participation in clinical trials, subject to certain conditions. Prohibits a 
class action for such relief. Limits relief in any individual action to the 
provision or payment of benefits, items, or services denied to the individual 
participant or beneficiary involved (and, at the court's discretion, attorney's 
fees and court costs). Prohibits any other relief to the participant or 
beneficiary, and any relief to any other person.
Title IV: Application to Group Health Plans Under the Internal Revenue 
Code of 1986 - Amends the Internal Revenue Code to require a group health 
plan to comply with this Act. Deems the requirements of this Act to be 
incorporated into the Internal Revenue Code.
Title V: Effective Dates; Coordination in Implementation - Sets forth 
effective dates for provisions of this Act.
(Sec. 502) Requires the Secretaries of Labor, of Health and Human Services, 
and of the Treasury to ensure coordination in the implementation of this Act.
Title VI: Health Care Paperwork Simplification - Establishes the 
Health Care Panel to Devise a Uniform Explanation of Benefits to devise a single 
form for use by third-party health care payers for the remittance of claims to 
providers.