To amend the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to assure patient choice and access to services for enrollees in group health plans and health insurance coverage.
Patient Choice and Access to Quality Health Care Act of 1998 - Amends the Public Health Service Act (PHSA) to establish additional protections for enrollees in group health plans.
(Sec. 3) Requires any group health plan, and any health insurance issuer offering group health insurance coverage, that restricts the health care professionals from whom benefits may be obtained to guarantee enrollees timely access to primary and specialty health care professionals appropriate to the enrollee's condition, including specialized treatment when medically necessary, and specialists for ongoing care. Declares that a plan's or issuer's use of case management may not create an undue burden for enrollees.
Requires plans and issuers to provide: (1) a meaningful and expedited procedure for resolving enrollee grievances; and (2) timely notice of any denial of services in-network or denial of payment for out-of-network care.
Requires plans and issuers to establish a board of appeals to hear and make determinations on enrollee complaints.
Requires plans and issuers to provide each enrollee, at the time of enrollment and annually, an explanation of enrollees' rights and a copy of the most recent enrollee information checklist, containing certain required information.
Prohibits a plan or an issuer from operating any health care professional incentive plan under which a specific payment is made directly or indirectly under the plan to a health care professional or professional group as an inducement to reduce or limit medically necessary services provided with respect to enrollees.
Prohibits a plan or an issuer from prohibiting or restricting any medical communication as part of: (1) a written contract or agreement with a health care professional; (2) a written statement to such a professional; or (3) an oral communication to such a professional. Declares null and void any existing written contract or agreement with a health care professional that contains such a prohibition or restriction.
Requires a plan or issuer that offers benefit coverage only if services are furnished through a network of professionals and other persons under contract with the plan or issuer, also to offer enrollees (at the time of enrollment) the option of coverage of such services not furnished through network professionals and other persons. States that this requirement shall apply only in accordance with this Act upon a finding by the Secretary of Health and Human Services that the other patient protections have not assured quality of care.
Amends the Employee Retirement Income Security Act of 1974 to incorporate the requirements of this Act.
Amends PHSA to apply the requirements of this Act to health insurance coverage offered by an issuer in the individual market in the same manner as they apply to health insurance coverage offered in connection with a group health plan in the small or large group market.
(Sec. 4) Directs the Secretary to study and report to the Congress on the effectiveness of this Act in assuring quality of care for patients. Requires such report to make a specific finding as to whether, taking into account the patient protections provided under this Act, individuals covered under health plans are not being provided quality care. Sets forth an alternative effective date for the out-of-network requirement of this Act in the event of a negative finding, in which the Congress concurs by joint resolution or Act.
Introduced in House
Introduced in House
Referred to House Commerce
Referred to the Committee on Commerce, and in addition to the Committee on Education and the Workforce, 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.
Referred to House Education and the Workforce
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on Employer-Employee Relations.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line