article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Health Insurance Portability Protection Act of 1997''. SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS UNDER COLLEGE-SPONSORED HEALTH PLANS. (a) In General.--Title XXVII of the Public Health Service Act, as added by section 102(a) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), is amended by inserting after section 2723 the following new section: ``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER COLLEGE-SPONSORED HEALTH PLANS. ``(a) In General.--Subject to the succeeding provisions of this section, the provisions of subpart 1 shall apply to health insurance coverage offered in connection with a college-sponsored health plan (as defined in subsection (b)) in the same manner as they apply to health insurance coverage offered in connection with a group health plan. ``(b) College-Sponsored Health Plan Defined.--For purposes of this section, the term `college-sponsored health plan' means health benefits offered by or through an institution of higher education (as defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))) in relation to students at the institution, but does not include benefits offered to such a student as a participant or beneficiary in a group health plan. ``(c) Application of Exceptions, Enforcement, Preemption; Definitions.--In applying subsection (a)-- ``(1) subject to paragraph (2), the previous provisions of this subpart shall apply in relation to such subsection in the same manner as they apply in relation to subpart 1; and ``(2) in applying the other provisions of this title under this section-- ``(A) any reference in such provisions to a group health plan is deemed a reference to a college- sponsored health plan; ``(B) any reference in such provisions to a participant or beneficiary in a group health plan is deemed a reference to an enrollee in a college- sponsored health plan; and ``(C) any reference in such provisions to an employee in relation to the group health plan is deemed a reference to a student in relation to the college- sponsored health plan.''. (b) Clarification of Coverage Under College-Sponsored Health Plan as Creditable Coverage.-- (1) Amendment to public health service act.--Section 2701(c)(1)(B) of the Public Health Service Act (42 U.S.C. 300gg(c)(1)(B)) is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b))'' after ``coverage''. (2) Amendment to employee retirement income security act of 1974.--Section 701(c)(1)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b) of the Public Health Service Act)'' after ``coverage''. (3) Amendment to the internal revenue code of 1986.-- Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b) of the Public Health Service Act)'' after ``coverage''. (c) Effective Date; Transition.-- (1) Effective date.--The amendment made by subsection (a) shall apply to coverage under college-sponsored health plans for students matriculating or enrolling for periods beginning on or after August 1, 1997, and the amendments made by subsection (b) shall be effective as if included in the enactment of the corresponding provisions in the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (2) Crediting permitted for certain previous coverage.-- Creditable coverage occurring on or after July 1, 1996, shall be taken into account in applying section 2724(a) of the Public Health Service Act. (3) Certifications, etc.--Insofar as the certification requirements of section 2743 of the Public Health Service Act are not otherwise applicable to health insurance coverage under a college-sponsored health plan (as defined in subsection (b) of section 2724 of such Act), subsection (e) of section 2701 of the Public Health Service Act shall apply (as incorporated under subsection (a) of such section 2724) to the issuer of such coverage with respect to events occurring after April 7, 1997; but in no case is a certification required to be provided under such section 2724 pursuant to such subsection (e) before 60 days after the date of the enactment of this Act.
summary: Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of "creditable coverage."