H.R.6147 - Group Health Plan Nondiscrimination Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Hughes, William J. [D-NJ-2] (Introduced 10/05/1992)|
|Committees:||House - Education and Labor|
|Latest Action:||House - 10/09/1992 Referred to the Subcommittee on Labor-Management Relations. (All Actions)|
This bill has the status Introduced
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Summary: H.R.6147 — 102nd Congress (1991-1992)All Information (Except Text)
Introduced in House (10/05/1992)
Group Health Plan Nondiscrimination Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA.
Revises civil enforcement provisions to make any person who violates the prohibition provisions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual damages (including compensatory and consequential damages proximately caused by the violation). Precludes punitive damages, except that, where the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each such person may, in the court's discretion, be liable for limited exemplary damages. Provides for attorney's fees and other legal costs to be awarded to plaintiffs who prevail or substantially prevail.
Requires group health plans to issue notices of any material change in plan terms to each participant and beneficiary. Requires issuance of such notice not later than ten days before adoption of the change, and prohibits the change from taking effect until 60 days after such issuance. Sets forth special requirements for such notices from self-insured group health plans.