Group Health Plan Nondiscrimination Act of 1992

Summary

Group Health Plan Nondiscrimination Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA. Revises civil enforcement provisions to make any person who violates the prohibition provisions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual damages (including compensatory and consequential damages proximately caused by the violation). Precludes punitive damages, except that, where the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each such person may, in the court's discretion, be liable for limited exemplary damages. Provides for attorney's fees and other legal costs to be awarded to plaintiffs who prevail or substantially prevail. Requires group health plans to issue notices of any material change in plan terms to each participant and beneficiary. Requires issuance of such notice not later than ten days before adoption of the change, and prohibits the change from taking effect until 60 days after such issuance. Sets forth special requirements for such notices from self-insured group health plans.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 5 October 1992

  Open at official source

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