Better Information Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5809 To amend title XXVII of the Public Health Service Act, the Internal Revenue Code of 1986, and the Employee Retirement Income Security Act of 1974 to require group health plans and health insurance issuers to include certain information on any health insurance membership card issued by such plan or issuer. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 2020 Mr. BEYER (for himself and Mr. KELLY of Pennsylvania) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committees on Ways and Means, and Edu- cation 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 title XXVII of the Public Health Service Act, the Internal Revenue Code of 1986, and the Employee Retirement Income Security Act of 1974 to require group health plans and health insurance issuers to include cer- tain information on any health insurance membership card issued by such plan or issuer. 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 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5809 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Better Information Act 2 of 2020’’. 3 SEC. 2. INFORMATION REQUIRED TO BE INCLUDED ON 4 HEALTH INSURANCE MEMBERSHIP CARDS. 5 (a) PUBLIC HEALTH SERVICE ACT.—Subpart II of 6 part A of title XXVII of the Public Health Service Act 7 (42 U.S.C. 300gg–11 et seq.) is amended by adding at 8 the end the following new section: 9 ‘‘SEC. 2730. INFORMATION REQUIRED TO BE INCLUDED ON 10 HEALTH INSURANCE MEMBERSHIP CARDS. 11 ‘‘In the case of a group health plan or health insur- 12 ance issuer offering group or individual health insurance 13 coverage that provides a physical or electronic card indi- 14 cating membership in such plan or coverage to an indi- 15 vidual enrolled under such plan or coverage, such group 16 health plan or issuer shall include on such card each of 17 the following: 18 ‘‘(1) The nearest hospital to the primary resi- 19 dence of such individual that has in effect a contrac- 20 tual relationship with such plan or coverage for fur- 21 nishing items and services under such plan or cov- 22 erage. 23 ‘‘(2) A telephone number or Internet website 24 address through which such individual may seek con- 25 sumer assistance information, such as information 26 VerDate Sep 11 2014 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5809 IH related to hospitals and urgent care facilities that 1 have in effect a contractual relationship with such 2 plan or coverage for furnishing items and services 3 under such plan or coverage. 4 ‘‘(3) Any deductible applicable to such indi- 5 vidual. 6 ‘‘(4) Any out-of-pocket maximum applicable to 7 such individual. 8 ‘‘(5) Any cost-sharing obligation applicable to 9 such individual for a visit at an emergency depart- 10 ment, or urgent care facility, that has in effect a 11 contractual relationship with such plan or coverage 12 for furnishing items and services under such plan or 13 coverage.’’. 14 (b) INTERNAL REVENUE CODE.— 15 (1) IN GENERAL.—Subchapter B of chapter 16 100 of the Internal Revenue Code of 1986 is amend- 17 ed by adding at the end the following new section: 18 ‘‘SEC. 9816. INFORMATION REQUIRED TO BE INCLUDED ON 19 HEALTH INSURANCE MEMBERSHIP CARDS. 20 ‘‘In the case of a group health plan that provides a 21 physical or electronic card indicating membership in such 22 plan to an individual enrolled under such plan, such group 23 health plan shall include on such card each of the fol- 24 lowing: 25 VerDate Sep 11 2014 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5809 IH ‘‘(1) The nearest hospital to the primary resi- 1 dence of such individual that has in effect a contrac- 2 tual relationship with such plan for furnishing items 3 and services under such plan. 4 ‘‘(2) A telephone number or Internet website 5 address through which such individual may seek con- 6 sumer assistance information, such as information 7 related to hospitals and urgent care facilities that 8 have in effect a contractual relationship with such 9 plan for furnishing items and services under such 10 plan. 11 ‘‘(3) Any deductible applicable to such indi- 12 vidual. 13 ‘‘(4) Any out-of-pocket maximum applicable to 14 such individual. 15 ‘‘(5) Any cost-sharing obligation applicable to 16 such individual for a visit at an emergency depart- 17 ment, or urgent care facility, that has in effect a 18 contractual relationship with such plan for fur- 19 nishing items and services under such plan.’’. 20 (2) NONAPPLICATION OF INCORPORATION PRO- 21 VISIONS.—Section 9815(a) of the Internal Revenue 22 Code of 1986 is amended— 23 (A) in paragraph (1), by striking ‘‘(as 24 amended by the Patient Protection and Afford- 25 VerDate Sep 11 2014 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5809 IH able Care Act)’’ and inserting ‘‘(other than the 1 provisions of section 2730 of the Public Health 2 Service Act)’’; and 3 (B) in paragraph (2), by inserting ‘‘(other 4 than the provisions of section 2730 of the Pub- 5 lic Health Service Act)’’ after ‘‘a provision of 6 such part A’’. 7 (3) CLERICAL AMENDMENT.—The table of sec- 8 tions for such subchapter is amended by adding at 9 the end the following new item: 10 ‘‘Sec. 9816. Information required to be included on health insurance member- ship cards.’’. (c) EMPLOYEE RETIREMENT INCOME SECURITY 11 ACT.— 12 (1) IN GENERAL.—Subpart B of part 7 of sub- 13 title B of title I of the Employee Retirement Income 14 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 15 amended by adding at the end the following new sec- 16 tion: 17 ‘‘SEC. 716. INFORMATION REQUIRED TO BE INCLUDED ON 18 HEALTH INSURANCE MEMBERSHIP CARDS. 19 ‘‘In the case of a group health plan or health insur- 20 ance issuer offering group health insurance coverage that 21 provides a physical or electronic card indicating member- 22 ship in such plan or coverage to an individual enrolled 23 VerDate Sep 11 2014 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5809 IH under such plan or coverage, such group health plan or 1 issuer shall include on such card each of the following: 2 ‘‘(1) The nearest hospital to the primary resi- 3 dence of such individual that has in effect a contrac- 4 tual relationship with such plan or coverage for fur- 5 nishing items and services under such plan or cov- 6 erage. 7 ‘‘(2) A telephone number or Internet website 8 address through which such individual may seek con- 9 sumer assistance information, such as information 10 related to hospitals and urgent care facilities that 11 have in effect a contractual relationship with such 12 plan or coverage for furnishing items and services 13 under such plan or coverage. 14 ‘‘(3) Any deductible applicable to such indi- 15 vidual. 16 ‘‘(4) Any out-of-pocket maximum applicable to 17 such individual. 18 ‘‘(5) Any cost-sharing obligation applicable to 19 such individual for a visit at an emergency depart- 20 ment, or urgent care facility, that has in effect a 21 contractual relationship with such plan or coverage 22 for furnishing items and services under such plan or 23 coverage.’’. 24 VerDate Sep 11 2014 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 5809 IH (2) NONAPPLICATION OF INCORPORATION PRO- 1 VISIONS.—Section 715(a) of the Employee Retire- 2 ment Income Security Act of 1974 (29 U.S.C. 3 1185d(a)) is amended— 4 (A) in paragraph (1), by striking ‘‘(as 5 amended by the Patient Protection and Afford- 6 able Care Act)’’ and inserting ‘‘(other than the 7 provisions of section 2730 of the Public Health 8 Service Act)’’; and 9 (B) in paragraph (2), by inserting ‘‘(other 10 than the provisions of section 2730 of the Pub- 11 lic Health Service Act)’’ after ‘‘a provision of 12 such part A’’. 13 (3) CLERICAL AMENDMENT.—The table of con- 14 tents in section 1 of the Employee Retirement In- 15 come Security Act of 1974 is amended by inserting 16 after the item relating to section 714 the following 17 new items: 18 ‘‘Sec. 715. Additional market reforms. ‘‘Sec. 716. Information required to be included on health insurance membership cards.’’. Æ VerDate Sep 11 2014 21:55 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H5809.IH H5809 kjohnson on DSK79L0C42PROD with BILLS