Asbestos Lawyers: Fairness in Asbestos Injury Resolution Act of 2005

Your Asbestos Attorney provides you with House Resolution 1390: Fairness in Asbestos Injury Resolution Act of 2005. If you have been injured by Asbestos, this document may help you understand your Asbestos lawsuit. To find out if you have a claim, use our class=ParentLinkShaded>FREE Asbestos Case Evaluator.

SEC. 409. NONDISCRIMINATION OF HEALTH INSURANCE.

(a) Denial, Termination, or Alteration of Health Coverage- No health insurer offering a health plan may deny or terminate coverage, or in any way alter the terms of coverage, of any claimant or the beneficiary of a claimant, on account of the participation of the claimant or beneficiary in a medical monitoring program under this Act, or as a result of any information discovered as a result of such medical monitoring.

(b) Definitions- In this section:

(1) HEALTH INSURER- The term `health insurer' means--

(A) an insurance company, health care service contractor, fraternal benefit organization, insurance agent, third party administrator, insurance support organization, or other person subject to regulation under the laws related to health insurance of any State;

(B) a managed care organization; or

(C) an employee welfare benefit plan regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

(2) HEALTH PLAN- The term `health plan' means--

(A) a group health plan (as such term is defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)), and a multiple employer welfare arrangement (as defined in section 3(4) of such Act) that provides health insurance coverage; or

(B) any contractual arrangement for the provision of a payment for health care, including any health insurance arrangement or any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organizing subscriber contract.

(c) Conforming Amendments-

(1) ERISA- Section 702(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)), is amended by adding at the end the following:

(I) Participation in a medical monitoring program under the Fairness in Asbestos Injury Resolution Act of 2005.'.

(2) PUBLIC SERVICE HEALTH ACT- Section 2702(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)) is amended by adding at the end the following:

(I) Participation in a medical monitoring program under the Fairness in Asbestos Injury Resolution Act of 2005.'.

(3) INTERNAL REVENUE CODE OF 1986- Section 9802(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following:

(I) Participation in a medical monitoring program under the Fairness in Asbestos Injury Resolution Act of 2005.'.