Know Where to Go in an Emergency Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5192 To amend the Internal Revenue Code of 1986, title XXVII of the Public Health Service Act, and the Employee Retirement Income Security Act of 1974 to require group health plans and health insurance issuers to include on any insurance card issued by such plan or issuer informa- tion on the nearest in-network hospital or urgent care facility. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 20, 2019 Mr. BEYER 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 provi- sions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986, title XXVII of the Public Health Service Act, and the Employee Retirement Income Security Act of 1974 to require group health plans and health insurance issuers to include on any insurance card issued by such plan or issuer infor- mation on the nearest in-network hospital or urgent care facility. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:30 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192 kjohnson on DSK79L0C42 with BILLS 2 •HR 5192 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Know Where to Go 2 in an Emergency Act of 2019’’. 3 SEC. 2. REQUIRING GROUP HEALTH PLANS AND HEALTH 4 INSURANCE ISSUERS TO INCLUDE ON ANY IN- 5 SURANCE CARD ISSUED BY SUCH PLAN OR 6 ISSUER INFORMATION ON THE NEAREST IN- 7 NETWORK HOSPITAL. 8 (a) INTERNAL REVENUE CODE.— 9 (1) IN GENERAL.—Subchapter B of chapter 10 100 of the Internal Revenue Code of 1986 is amend- 11 ed by adding at the end the following new section: 12 ‘‘SEC. 9816. INFORMATION ON NEAREST IN-NETWORK HOS- 13 PITAL OR URGENT CARE FACILITY. 14 ‘‘In the case of a group health plan that provides a 15 physical or electronic card indicating membership in such 16 plan to an individual enrolled under such plan, such group 17 health plan shall identify on such card the nearest hospital 18 or urgent care facility to the primary residence of such 19 individual that has in effect a contractual relationship with 20 such plan for furnishing items and services under such 21 plan.’’. 22 (2) NONAPPLICATION OF INCORPORATION PRO- 23 VISIONS.—Section 9815(a) of the Internal Revenue 24 Code of 1986 is amended— 25 VerDate Sep 11 2014 02:30 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192 kjohnson on DSK79L0C42 with BILLS 3 •HR 5192 IH (A) in paragraph (1), by striking ‘‘(as 1 amended by the Patient Protection and Afford- 2 able Care Act)’’ and inserting ‘‘(other than, be- 3 ginning with the first plan year beginning on or 4 after the date of the enactment of the Know 5 Where to Go in an Emergency Act of 2019, the 6 provisions of section 2730 of the Public Health 7 Service Act)’’; and 8 (B) in paragraph (2), by inserting ‘‘(other 9 than, beginning with the first plan year begin- 10 ning on or after the date of the enactment of 11 the Know Where to Go in an Emergency Act of 12 2019, the provisions of section 2730 of the 13 Public Health Service Act)’’ after ‘‘such part 14 A’’. 15 (3) CLERICAL AMENDMENT.—The table of sec- 16 tions for such subchapter is amended by adding at 17 the end the following new items: 18 ‘‘Sec. 9815. Additional market reforms. ‘‘Sec. 9816. Information on nearest in-network hospital or urgent care facility.’’ (b) PUBLIC HEALTH SERVICE ACT.—Subpart II of 19 part A of title XXVII of the Public Health Service Act 20 (42 U.S.C. 300gg–11 et seq.) is amended by adding at 21 the end the following new section: 22 VerDate Sep 11 2014 20:34 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192 kjohnson on DSK79L0C42 with BILLS 4 •HR 5192 IH ‘‘SEC. 2730. INFORMATION ON NEAREST IN-NETWORK HOS- 1 PITAL OR URGENT CARE FACILITY. 2 ‘‘In the case of a group health plan or a health insur- 3 ance issuer offering group or individual health insurance 4 coverage that provides a physical or electronic card indi- 5 cating membership in such plan or such coverage (as ap- 6 plicable) to an individual enrolled under such plan or such 7 coverage, such group health plan or such health insurance 8 issuer (as applicable) shall identify on such card the near- 9 est hospital or urgent care facility to the primary residence 10 of such individual that has in effect a contractual relation- 11 ship with such plan or such issuer for furnishing items 12 and services under such plan or such coverage.’’. 13 (c) EMPLOYEE RETIREMENT INCOME SECURITY 14 ACT.— 15 (1) IN GENERAL.—Subpart B of part 7 of sub- 16 title B of title I of the Employee Retirement Income 17 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 18 amended by adding at the end the following new sec- 19 tion: 20 ‘‘SEC. 716. INFORMATION ON NEAREST IN-NETWORK HOS- 21 PITAL OR URGENT CARE FACILITY. 22 ‘‘In the case of a group health plan or a health insur- 23 ance issuer offering health insurance coverage in connec- 24 tion with a group health plan that provides a physical or 25 electronic card indicating membership in such plan or such 26 VerDate Sep 11 2014 02:30 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192 kjohnson on DSK79L0C42 with BILLS 5 •HR 5192 IH coverage (as applicable) to an individual enrolled under 1 such plan or such coverage, such group health plan or 2 such health insurance issuer (as applicable) shall identify 3 on such card the nearest hospital or urgent care facility 4 to the primary residence of such individual that has in 5 effect a contractual relationship with such plan or such 6 issuer for furnishing items and services under such plan 7 or such coverage.’’. 8 (2) NONAPPLICATION OF INCORPORATION PRO- 9 VISIONS.—Section 715(a) of the Employee Retire- 10 ment Income Security Act of 1974 (29 U.S.C. 11 1185d(a)) is amended— 12 (A) in paragraph (1), by striking ‘‘(as 13 amended by the Patient Protection and Afford- 14 able Care Act)’’ and inserting ‘‘(other than, be- 15 ginning with the first plan year beginning on or 16 after the date of the enactment of the Know 17 Where to Go in an Emergency Act of 2019, the 18 provisions of section 2730 of the Public Health 19 Service Act)’’; and 20 (B) in paragraph (2), by inserting ‘‘(other 21 than, beginning with the first plan year begin- 22 ning on or after the date of the enactment of 23 the Know Where to Go in an Emergency Act of 24 2019, the provisions of section 2730 of the 25 VerDate Sep 11 2014 02:30 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192 kjohnson on DSK79L0C42 with BILLS 6 •HR 5192 IH Public Health Service Act)’’ after ‘‘such part 1 A’’. 2 (3) CLERICAL AMENDMENT.—The table of con- 3 tents in section 1 of the Employee Retirement In- 4 come Security Act of 1974 is amended by inserting 5 after the item relating to section 714 the following 6 new items: 7 ‘‘Sec. 715. Additional market reforms. ‘‘Sec. 716. Information on nearest in-network hospital or urgent care facility.’’ (d) EFFECTIVE DATE.—The amendments made by 8 this section shall apply with respect to plan years begin- 9 ning on or after the date of the enactment of this Act. 10 Æ VerDate Sep 11 2014 20:34 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5192.IH H5192 kjohnson on DSK79L0C42 with BILLS