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Code · BILL · 118th Congress · S. 5535 (Introduced in Senate) — To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the I... · Sec. 2

Sec. 2. Increasing penalties for group health plans and health insurance issuers for practices that violate balance billing requirements

340 words·~2 min read·/bill/118/s/5535/is/section-2

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Section 2723(b)(2)(C) of the Public Health Service Act ( 42 U.S.C. 300gg–22(b)(2)(C) ) is amended— in clause (i), by inserting (or, in the case of such a failure with respect to a provision specified in clause (iv), $10,000 per failure) after $100 ; and by adding at the end the following new clause: For purposes of clause (i), the provisions specified in this clause are the following: Subparagraphs
(A)and
(B)of section 2799A–1(a)(1). Clauses (i), (ii), (iii), and
(v)of section 2799A–1(a)(1)(C). Subparagraphs (A), (B), and
(E)of section 2799A–1(b)(1). Paragraphs
(1)and
(2)of section 2799A–2(a). . Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 ) is amended— in subsection (a)(6), by striking or
(9)and inserting (9), or
(12); in subsection (b)(3)— by inserting , (c)(12), after subsections (c)(9) ; and by inserting or (c)(12) after under subsection (c)(9) ; and in subsection (c), by adding at the end the following new paragraph: The Secretary may assess a civil penalty against any group health plan or health insurance issuer offering group health insurance coverage of not more than $10,000 for each violation for each individual with respect to which such plan or coverage fails to comply with one of the following provisions: Subparagraphs
(A)and
(B)of section 716(a)(1). Clauses (i), (ii), (iii), and
(v)of section 716(a)(1)(C). Subparagraphs (A), (B), and
(E)of section 716(b)(1). Paragraphs
(1)and
(2)of section 717(a). . Section 4980D(b) of the Internal Revenue Code of 1986 is amended— in paragraph (1), by inserting (or, in the case of such a failure with respect to a provision specified in paragraph (4), $10,000 per failure) after $100 ; and by adding at the end the following new paragraph: For purposes of paragraph (1), the provisions specified in this paragraph are the following: Subparagraphs
(A)and
(B)of section 9816(a)(1). Clauses (i), (ii), (iii), and
(v)of section 9816(a)(1)(C). Subparagraphs (A), (B), and
(E)of section 9816(b)(1). Paragraphs
(1)and
(2)of section 9817(a). .
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  • 42 USC 300gg–22(b)(2)(C)
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Sec. 2
Increasing penalties for group health plans and health insurance issuers for practices that violate balance billing requirements
Cite42 USC 300gg–22(b)(2)(C)
Cites 2Cited by 0 across 0 sources
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