H.R. 5568 — Patients' Declaration of Independence Act of 2000

Summary

Patients' Declaration of Independence Act of 2000 - Provides, in the case of a group health plan that is a freedom-of-choice plan with respect to a participant or beneficiary, that: (1) an employer maintaining the plan shall not be liable pursuant to any cause of action relating to the provision of (or failure to provide, or manner of provision of) benefits under any health insurance coverage that may be secured by such participant or beneficiary in connection with the plan; and (2) there shall be no right of recovery, indemnity, or contribution by a person against such an employer (or an employee of such an employer acting within the scope of employment) for damages assessed against the person pursuant to any such cause of action.

Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), any such employer (and any such employee) shall not be considered a fiduciary of the plan.

Defines a freedom-of-choice group health plan as one which: (1) provides benefits on behalf of the participant or beneficiary only in the form of a contribution towards the cost of health insurance coverage that meets the applicable requirements of law; (2) does not impose any restriction with respect to such coverage, including the benefits available under such coverage, the health insurance issuer that offers such coverage, and the selection of such coverage; and (3) provides that the participant (and not the employer or plan) is the owner of the health insurance coverage.

Requires such a contribution to be treated as employer-provided coverage under a health plan, for purposes of the Internal Revenue Code.

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Legislative Actions

2000-10-26
Introduced in House
2000-10-26
Introduced in House
2000-10-26
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, 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.
2000-10-26
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, 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.
2000-10-26
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, 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.
2000-11-01
Referred to the Subcommittee on Health.

Patients' Declaration of Independence Act of 2000

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