[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6411 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6411
To amend the Employee Retirement Income Security Act of 1974, title
XXVII of the Public Health Service Act, and the Internal Revenue Code
of 1986 to require group health plans and health insurance issuers
offering group or individual health insurance coverage to provide
notices relating to prescription drug refills to individuals covered
under such plans or coverage who reside in emergency areas during
emergency periods.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2020
Mrs. McBath (for herself and Ms. Kuster of New Hampshire) 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 amend the Employee Retirement Income Security Act of 1974, title
XXVII of the Public Health Service Act, and the Internal Revenue Code
of 1986 to require group health plans and health insurance issuers
offering group or individual health insurance coverage to provide
notices relating to prescription drug refills to individuals covered
under such plans or coverage who reside in emergency areas during
emergency periods.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Advance Refill
Notification Act of 2020''.
SEC. 2. REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
(a) 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:
``SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
``(a) In General.--A group health plan, and a health insurance
issuer offering health insurance coverage in connection with a group
health plan, that provides benefits for prescription drugs under such
plan or such coverage shall provide to each participant or beneficiary
under such plan or such coverage who resides in an emergency area
during an emergency period--
``(1) not later than 5 business days after the date of the
beginning of such period with respect to such area (or, the
case of the emergency period described in section 2(d)(2) of
the Emergency Advance Refill Notification Act of 2020, not
later than 5 business days after the date of the enactment of
this section), a notification (written in a manner that is
clear and understandable to the average participant or
beneficiary)--
``(A) of whether such plan or coverage will waive,
during such period with respect to such a participant
or beneficiary, any time restrictions under such plan
or coverage on any authorized refills for such drugs to
enable such refills in advance of when such refills
would otherwise have been permitted under such plan or
coverage; and
``(B) in the case that such plan or coverage will
waive such restrictions during such period with respect
to such a participant or beneficiary, that contains
information on how such a participant or beneficiary
may obtain such a refill; and
``(2) in the case such plan or coverage elects to so waive
such restrictions during such period with respect to such a
participant or beneficiary after the notification described in
paragraph (1) has been provided with respect to such period,
not later than 5 business days after such election, a
notification of such election that contains the information
described in subparagraph (B) of such paragraph.
``(b) Emergency Area; Emergency Period.--For purposes of this
section, an `emergency area' is a geographical area in which, and an
`emergency period' is the period during which, there exists--
``(1) an emergency or disaster declared by the President
pursuant to the National Emergencies Act or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) a public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act.''.
(2) Clerical amendment.--The table of contents of the
Employee Retirement Income Security Act of 1974 is amended by
inserting after the item relating to section 714 the following:
``Sec. 715. Additional market reforms.
``Sec. 716. Provision of prescription drug refill notifications during
emergencies.''.
(b) PHSA.--Subpart II of part A of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the
end the following new section:
``SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
``(a) In General.--A group health plan, and a health insurance
issuer offering group or individual health insurance coverage, that
provides benefits for prescription drugs under such plan or such
coverage shall provide to each participant, beneficiary, or enrollee
enrolled under such plan or such coverage who resides in an emergency
area during an emergency period--
``(1) not later than 5 business days after the date of the
beginning of such period with respect to such area (or, the
case of the emergency period described in section 2(d)(2) of
the Emergency Advance Refill Notification Act of 2020, not
later than 5 business days after the date of the enactment of
this section), a notification (written in a manner that is
clear and understandable to the average participant,
beneficiary, or enrollee)--
``(A) of whether such plan or coverage will waive,
during such period with respect to such a participant,
beneficiary, or enrollee, any time restrictions under
such plan or coverage on any authorized refills for
such drugs to enable such refills in advance of when
such refills would otherwise have been permitted under
such plan or coverage; and
``(B) in the case that such plan or coverage will
waive such restrictions during such period with respect
to such a participant, beneficiary, or enrollee, that
contains information on how such a participant,
beneficiary, or enrollee may obtain such a refill; and
``(2) in the case such plan or coverage elects to so waive
such restrictions during such period with respect to such a
participant, beneficiary, or enrollee after the notification
described in paragraph (1) has been provided with respect to
such period, not later than 5 business days after such
election, a notification of such election that contains the
information described in subparagraph (B) of such paragraph.
``(b) Emergency Area; Emergency Period.--For purposes of this
section, an `emergency area' is a geographical area in which, and an
`emergency period' is the period during which, there exists--
``(1) an emergency or disaster declared by the President
pursuant to the National Emergencies Act or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) a public health emergency declared by the Secretary
pursuant to section 319.''.
(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:
``SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
``(a) In General.--A group health plan that provides benefits for
prescription drugs under such plan shall provide to each participant or
beneficiary enrolled under such plan who resides in an emergency area
during an emergency period, not later than 5 business days after the
date of the beginning of such period with respect to such area (or, the
case of the emergency period described in section 2(d)(2) of the
Emergency Advance Refill Notification Act of 2020, not later than 5
business days after the date of the enactment of this section)--
``(1) a notification (written in a manner that is clear and
understandable to the average participant or beneficiary)--
``(A) of whether such plan will waive, during such
period with respect to such a participant or
beneficiary, any time restrictions under such plan on
any authorized refills for such drugs to enable such
refills in advance of when such refills would otherwise
have been permitted under such plan; and
``(B) in the case that such plan will waive such
restrictions during such period with respect to such a
participant or beneficiary, that contains information
on how such a participant or beneficiary may obtain
such a refill; and
``(2) in the case such plan elects to so waive such
restrictions during such period with respect to such a
participant or beneficiary after the notification described in
paragraph (1) has been provided with respect to such period,
not later than 5 business days after such election, a
notification of such election that contains the information
described in subparagraph (B) of such paragraph.
``(b) Emergency Area; Emergency Period.--For purposes of this
section, an `emergency area' is a geographical area in which, and an
`emergency period' is the period during which, there exists--
``(1) an emergency or disaster declared by the President
pursuant to the National Emergencies Act or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) a public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9816. Provision of prescription drug refill notifications during
emergencies.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) emergency periods beginning on or after the date of the
enactment of this Act; and
(2) the emergency period relating to the public health
emergency declared by the Secretary of Health and Human
Services pursuant to section 319 of the Public Health Service
Act on January 31, 2020, entitled ``Determination that a Public
Health Emergency Exists Nationwide as the Result of the 2019
Novel Coronavirus''.
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