Bill Sponsor
House Bill 7702
117th Congress(2021-2022)
Ensuring Lasting Smiles Act
Introduced
Introduced
Introduced in House on May 10, 2022
Overview
Text
Introduced in House 
May 10, 2022
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Introduced in House(May 10, 2022)
May 10, 2022
About Linkage
Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
H. R. 7702 (Introduced-in-House)


117th CONGRESS
2d Session
H. R. 7702


To provide health insurance benefits for outpatient and inpatient items and services related to the diagnosis and treatment of a craniofacial, oral, or maxillofacial congenital anomaly or birth defect.


IN THE HOUSE OF REPRESENTATIVES

May 10, 2022

Mr. Dunn (for himself and Mr. Griffith) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and 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


A BILL

To provide health insurance benefits for outpatient and inpatient items and services related to the diagnosis and treatment of a craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Ensuring Lasting Smiles Act”.

SEC. 2. Coverage of craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

(a) Public Health Service Act Amendments.—Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–111 et seq.) is amended by adding at the end the following new section:

“SEC. 2799A–11. Standards relating to benefits for craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(a) Requirements for care and Reconstructive Treatment.—

“(1) IN GENERAL.—A group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall provide coverage for outpatient and inpatient items and services related to the diagnosis and treatment of a craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(2) REQUIREMENTS.—

“(A) IN GENERAL.—Coverage provided under paragraph (1) shall include any medically necessary item or service to functionally improve, repair, or restore any body part to achieve normal body functioning or appearance, as determined by the treating physician (as defined in section 1861(r) of the Social Security Act), due to craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(B) FINANCIAL REQUIREMENTS AND TREATMENT REQUIREMENTS.—Any coverage provided under paragraph (1) under a group health plan or individual or group health insurance coverage offered by a health insurance issuer may be subject to coverage limits (such as medical necessity, pre-authorization, or pre-certification) and cost-sharing requirements (such as coinsurance, copayments, and deductibles), as required by the plan or issuer, that are no more restrictive than the predominant coverage limits and cost-sharing requirements, respectively, applied to substantially all medical and surgical benefits covered by the plan (or coverage).

“(3) TREATMENT DEFINED.—In this section:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘treatment’ includes, with respect to a group health plan or group or individual health insurance coverage offered by a health insurance issuer, inpatient and outpatient items and services performed to improve, repair, or restore bodily function (or performed to approximate a normal appearance), due to a craniofacial, oral, or maxillofacial congenital anomaly or birth defect, and includes treatment to any and all missing or abnormal body parts (including teeth, the oral cavity, and their associated structures) that would otherwise be provided under the plan or coverage for any other injury or sickness, including—

“(i) any items or services, including inpatient and outpatient care, reconstructive services and procedures, and complications thereof;

“(ii) adjunctive dental, orthodontic, or prosthodontic support from birth until the medical or surgical treatment of the defect or anomaly has been completed, including ongoing or subsequent treatment required to maintain function or approximate a normal appearance;

“(iii) procedures that materially improve, repair, or restore bodily function; and

“(iv) procedures for secondary conditions and follow-up treatment associated with the underlying craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(B) EXCEPTION.—The term ‘treatment’ shall not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.

“(b) Notice.—Not later than one year after the date of the enactment of this section and annually thereafter, a group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall, in accordance with regulations or guidance issued by the Secretary, provide to each enrollee under such plan or coverage a written description of the terms of this section. Such description shall be in language which is understandable to the typical enrollee.”.

(b) ERISA amendments.—

(1) IN GENERAL.—Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following:

“SEC. 726. Standards relating to benefits for craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(a) Requirements for care and Reconstructive Treatment.—

“(1) IN GENERAL.—A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for outpatient and inpatient items and services related to the diagnosis and treatment of a craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(2) REQUIREMENTS.—

“(A) IN GENERAL.—Coverage provided under paragraph (1) shall include any medically necessary item or service to functionally improve, repair, or restore any body part to achieve normal body functioning or appearance, as determined by the treating physician (as defined in section 1861(r) of the Social Security Act), due to craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(B) FINANCIAL REQUIREMENTS AND TREATMENT REQUIREMENTS.—Any coverage provided under paragraph (1) under a group health plan or group health insurance coverage offered by a health insurance issuer may be subject to coverage limits (such as medical necessity, pre-authorization, or pre-certification) and cost-sharing requirements (such as coinsurance, copayments, and deductibles), as required by the plan or issuer, that are no more restrictive than the predominant coverage limits and cost-sharing requirements, respectively, applied to substantially all medical and surgical benefits covered by the plan (or coverage).

“(3) TREATMENT DEFINED.—In this section:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘treatment’ includes, with respect to a group health plan or group health insurance coverage offered by a health insurance issuer, inpatient and outpatient items and services performed to improve, repair, or restore bodily function (or performed to approximate a normal appearance), due to a craniofacial, oral, or maxillofacial congenital anomaly or birth defect, and includes treatment to any and all missing or abnormal body parts (including teeth, the oral cavity, and their associated structures) that would otherwise be provided under the plan or coverage for any other injury or sickness, including—

“(i) any items or services, including inpatient and outpatient care, reconstructive services and procedures, and complications thereof;

“(ii) adjunctive dental, orthodontic, or prosthodontic support from birth until the medical or surgical treatment of the defect or anomaly has been completed, including ongoing or subsequent treatment required to maintain function or approximate a normal appearance;

“(iii) procedures that materially improve, repair, or restore bodily function; and

“(iv) procedures for secondary conditions and follow-up treatment associated with the underlying craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(B) EXCEPTION.—The term ‘treatment’ shall not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.

“(b) Notice.—Not later than one year after the date of the enactment of this section and annually thereafter, a group health plan, and a health insurance issuer offering group health insurance coverage, shall, in accordance with regulations or guidance issued by the Secretary, provide to each participant or beneficiary under such plan or coverage a written description of the terms of this section. Such description shall be in language which is understandable to the typical participant or beneficiary.”.

(2) TECHNICAL AMENDMENT.—The table of contents in section 1 of such Act is amended by inserting after the item relating to section 725 the following new item:


“Sec. 726. Standards relating to benefits for craniofacial, oral, or maxillofacial congenital anomaly or birth defect.”.

(c) Internal Revenue Code amendments.—

(1) IN GENERAL.—Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

“SEC. 9826. Standards relating to benefits for craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(a) Requirements for care and Reconstructive Treatment.—

“(1) IN GENERAL.—A group health plan shall provide coverage for outpatient and inpatient items and services related to the diagnosis and treatment of a craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(2) REQUIREMENTS.—

“(A) IN GENERAL.—Coverage provided under paragraph (1) shall include any medically necessary item or service to functionally improve, repair, or restore any body part to achieve normal body functioning or appearance, as determined by the treating physician (as defined in section 1861(r) of the Social Security Act), due to craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(B) FINANCIAL REQUIREMENTS AND TREATMENT REQUIREMENTS.—Any coverage provided under paragraph (1) under a group health plan may be subject to coverage limits (such as medical necessity, pre-authorization, or pre-certification) and cost-sharing requirements (such as coinsurance, copayments, and deductibles), as required by the plan, that are no more restrictive than the predominant coverage limits and cost-sharing requirements, respectively, applied to substantially all medical and surgical benefits covered by the plan.

“(3) TREATMENT DEFINED.—In this section:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘treatment’ includes, with respect to a group health plan, inpatient and outpatient items and services performed to improve, repair, or restore bodily function (or performed to approximate a normal appearance), due to a craniofacial, oral, or maxillofacial congenital anomaly or birth defect, and includes treatment to any and all missing or abnormal body parts (including teeth, the oral cavity, and their associated structures) that would otherwise be provided under the plan for any other injury or sickness, including—

“(i) any items or services, including inpatient and outpatient care, reconstructive services and procedures, and complications thereof;

“(ii) adjunctive dental, orthodontic, or prosthodontic support from birth until the medical or surgical treatment of the defect or anomaly has been completed, including ongoing or subsequent treatment required to maintain function or approximate a normal appearance;

“(iii) procedures that materially improve, repair, or restore bodily function; and

“(iv) procedures for secondary conditions and follow-up treatment associated with the underlying craniofacial, oral, or maxillofacial congenital anomaly or birth defect.

“(B) EXCEPTION.—The term ‘treatment’ shall not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.

“(b) Notice.—Not later than one year after the date of the enactment of this section and annually thereafter, a group health plan shall, in accordance with regulations or guidance issued by the Secretary, provide to each enrollee under such plan a written description of the terms of this section. Such description shall be in language which is understandable to the typical enrollee.”.

(2) CLERICAL AMENDMENT.—The table of sections for such subchapter is amended by adding at the end the following new item:


“Sec. 9826. Standards relating to benefits for craniofacial, oral, or maxillofacial congenital anomaly or birth defect.”.

(d) Rule of construction.—A group health plan or health insurance issuer shall provide the benefits described in section 2799A–11 of the Public Health Service Act (as added by subsection (a)), section 726 of the Employee Retirement Income Security Act of 1974 (as added by subsection (b)), and section 9826 of the Internal Revenue Code of 1986 (as added by subsection (c)) under the terms of such plan or health insurance coverage offered by such issuer.

(e) Effective date.—The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2024.