Group Health Plan Nondiscrimination Act of 1993

Summary

Group Health Plan Nondiscrimination Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive cancellations or reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA. Prohibits any group health plan from discriminating among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan, with specified limitations relating to collective bargaining or special exemption procedures. Requires group health plans to issue notices of any material change in plan terms to each participant and spouse beneficiary. 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. 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. 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 award of attorney's fees and other legal costs to plaintiffs who prevail or substantially prevail.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 18 February 1993

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• Introduced in House (PDF)

  Introduced in House · EN · 18 February 1993

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• Introduced in House

  summary · EN · 18 February 1993

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