text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as ``Healthy Kids for Healthy Futures Act of 
  2009''.
  
  SEC. 2. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.
  
      (a) Amendments of ERISA.--
              (1) In general.--Subpart B of part 7 of title I of the 
          Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 
          et seq.) is amended by adding at the end the following:
  
  ``SEC. 714. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.
  
      ``(a) In General.--A group health plan, and a health insurance 
  issuer providing health insurance coverage in connection with a group 
  health plan, shall provide coverage for appropriate preventive care for 
  each qualified dependent child of the participant.
      ``(b) Appropriate Preventive Care.--For purposes of this section, 
  the term `appropriate preventive care' means medical care which, under 
  regulations prescribed by the Secretary of Health and Human Services, 
  in consultation with the Secretary and the Secretary of the Treasury, 
  meets the most recent Bright Futures Guidelines for Health Supervision 
  of Infants, Children, and Adolescents.
      ``(c) Qualified Dependent Child.--For purposes of this section, the 
  term `qualified dependent child' means a child of the participant who--
              ``(1) is not more than 18 years of age, and
              ``(2) is a dependent child, under the terms of the plan or 
          coverage, of the participant.
      ``(d) Cost-Sharing Prohibited.--A group health plan and health 
  insurance coverage provided in connection with a group health plan may 
  not impose deductibles, copayments, coinsurance, or other cost-sharing 
  in relation to services provided pursuant to the requirements of 
  subsection (a).
      ``(e) Certain Coverage Restrictions Prohibited.--A group health 
  plan, and a health insurance issuer providing coverage in connection 
  with a group health plan, may not--
              ``(1) deny to a participant or beneficiary eligibility, or 
          continued eligibility, to enroll or to renew coverage under the 
          terms of the plan solely for the purpose of avoiding the 
          requirements of this section, or
              ``(2) penalize, or otherwise reduce or limit the 
          reimbursement of, an attending provider, or provide incentives 
          (monetary or otherwise) to an attending provider, so as to 
          induce the provider to provide care to a beneficiary in a 
          manner inconsistent with this section.
      ``(f) Allowance for Level or Type of Provider Reimbursement.--
  Nothing in this section shall be construed to prevent a group health 
  plan or a health insurance issuer providing health insurance coverage 
  in connection with a group health plan from negotiating the level and 
  type of reimbursement with a provider for care provided in accordance 
  with this section.
      ``(g) Notice.--A group health plan, and a health insurance issuer 
  providing health insurance coverage in connection with a group health 
  plan, shall provide notice to each participant and beneficiary under 
  such plan regarding the coverage required by this section in accordance 
  with regulations which shall be promulgated by the Secretary, in 
  consultation with the Secretary of Health and Human Services and the 
  Secretary of the Treasury. Such notice shall be in writing and 
  prominently positioned in any literature or correspondence made 
  available or distributed to participants and beneficiaries by the plan 
  or issuer on an annual or other more frequent periodic basis.
      ``(h) Relation to State Laws.--Nothing in this section shall be 
  construed to preempt or otherwise limit any State law with respect to 
  health insurance coverage that requires more extensive coverage than is 
  otherwise required under this section.''.
              (2) Conforming amendment.--The table of contents in section 
          1 of such Act is amended by inserting after the item relating 
          to section 713 the following new item:
  
  ``Sec. 714. Coverage of preventive care for children.''.
      (b) Amendments to the Public Health Service Act.--
              (1) Group markets.--Subpart 2 of part A of title XXVII of 
          the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
          amended by adding at the end the following new section:
  
  ``SEC. 2707. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.
  
      ``(a) In General.--A group health plan, and a health insurance 
  issuer providing health insurance coverage in connection with a group 
  health plan, shall provide coverage for appropriate preventive care for 
  each qualified dependent child of the participant.
      ``(b) Appropriate Preventive Care.--For purposes of this section, 
  the term `appropriate preventive care' means medical care which, under 
  regulations prescribed by the Secretary, in consultation with the 
  Secretary of Labor and the Secretary of the Treasury, meets the most 
  recent Bright Futures Guidelines for Health Supervision of Infants, 
  Children, and Adolescents.
      ``(c) Qualified Dependent Child.--For purposes of this section, the 
  term `qualified dependent child' means a child of the participant who--
              ``(1) is not more than 18 years of age, and
              ``(2) is a dependent child, under the terms of the plan or 
          coverage, of the participant.
      ``(d) Cost-Sharing Prohibited.--A group health plan and health 
  insurance coverage provided in connection with a group health plan may 
  not impose deductibles, copayments, coinsurance, or other cost-sharing 
  in relation to services provided pursuant to the requirements of 
  subsection (a).
      ``(e) Certain Coverage Restrictions Prohibited.--A group health 
  plan, and a health insurance issuer providing coverage in connection 
  with a group health plan, may not--
              ``(1) deny to a participant or beneficiary eligibility, or 
          continued eligibility, to enroll or to renew coverage under the 
          terms of the plan solely for the purpose of avoiding the 
          requirements of this section, or
              ``(2) penalize, or otherwise reduce or limit the 
          reimbursement of, an attending provider, or provide incentives 
          (monetary or otherwise) to an attending provider, so as to 
          induce the provider to provide care to a beneficiary in a 
          manner inconsistent with this section.
      ``(f) Allowance for Level or Type of Provider Reimbursement.--
  Nothing in this section shall be construed to prevent a group health 
  plan or a health insurance issuer providing health insurance coverage 
  in connection with a group health plan from negotiating the level and 
  type of reimbursement with a provider for care provided in accordance 
  with this section.
      ``(g) Notice.--A group health plan, and a health insurance issuer 
  providing health insurance coverage in connection with a group health 
  plan, shall provide notice to each participant and beneficiary under 
  such plan regarding the coverage required by this section in accordance 
  with regulations which shall be promulgated by the Secretary of Labor, 
  in consultation with the Secretary and the Secretary of the Treasury. 
  Such notice shall be in writing and prominently positioned in any 
  literature or correspondence made available or distributed to 
  participants and beneficiaries by the plan or issuer on an annual or 
  other more frequent periodic basis.
      ``(h) Relation to State Laws.--Nothing in this section shall be 
  construed to preempt or otherwise limit any State law with respect to 
  health insurance coverage that requires more extensive coverage than is 
  otherwise required under this section.''.
              (2) Individual market.--Subpart 3 of part B of title XXVII 
          of such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding 
          at the end the following new section:
  
  ``SEC. 2753. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.
  
      ``The provisions of section 2707 shall apply to health insurance 
  coverage offered by a health insurance issuer in the individual market 
  in the same manner as they apply to health insurance coverage offered 
  by a health insurance issuer in connection with a group health plan in 
  the small or large group market.''.
      (c) Amendments to the Internal Revenue Code.--
              (1) In general.--Subchapter B of chapter 100 of the 
          Internal Revenue Code of 1986 (relating to other group health 
          plan requirements) is amended by inserting after section 9812 
          the following new section:
  
  ``SEC. 9813. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.
  
      ``(a) In General.--A group health plan shall provide coverage for 
  appropriate preventive care for each qualified dependent child of the 
  participant.
      ``(b) Appropriate Preventive Care.--For purposes of this section, 
  the term `appropriate preventive care' means medical care which, under 
  regulations prescribed by the Secretary of Health and Human Services in 
  consultation with the Secretary and the Secretary of Labor, meets the 
  most recent Bright Futures Guidelines for Health Supervision of 
  Infants, Children, and Adolescents.
      ``(c) Qualified Dependent Child.--For purposes of this section, the 
  term `qualified dependent child' means a child of the participant who--
              ``(1) is not more than 18 years of age, and
              ``(2) is a dependent child, under the terms of the plan or 
          coverage, of the participant.
      ``(d) Cost-Sharing Prohibited.--A group health plan may not impose 
  deductibles, copayments, coinsurance, or other cost-sharing in relation 
  to services provided pursuant to the requirements of subsection (a).
      ``(e) Certain Coverage Restrictions Prohibited.--A group health 
  plan may not--
              ``(1) deny to a participant or beneficiary eligibility, or 
          continued eligibility, to enroll or to renew coverage under the 
          terms of the plan solely for the purpose of avoiding the 
          requirements of this section, or
              ``(2) penalize, or otherwise reduce or limit the 
          reimbursement of, an attending provider, or provide incentives 
          (monetary or otherwise) to an attending provider, so as to 
          induce the provider to provide care to a beneficiary in a 
          manner inconsistent with this section.
      ``(f) Allowance for Level or Type of Provider Reimbursement.--
  Nothing in this section shall be construed to prevent a group health 
  plan or a health insurance issuer providing health insurance coverage 
  in connection with a group health plan from negotiating the level and 
  type of reimbursement with a provider for care provided in accordance 
  with this section.
      ``(g) Notice.--A group health plan shall provide notice to each 
  participant and beneficiary under such plan regarding the coverage 
  required by this section in accordance with regulations which shall be 
  promulgated by the Secretary of Labor, in consultation with the 
  Secretary and the Secretary of Health and Human Services. Such notice 
  shall be in writing and prominently positioned in any literature or 
  correspondence made available or distributed to participants and 
  beneficiaries by the plan or issuer on an annual or other more frequent 
  periodic basis.
      ``(h) Relation to State Laws.--Nothing in this section shall be 
  construed to preempt or otherwise limit any State law with respect to 
  health insurance coverage that requires more extensive coverage than is 
  otherwise required under this section.''.
              (2) Conforming amendment.--The table of sections for 
          subchapter B of chapter 100 of such Code is amended by 
          inserting after the item relating to section 9812 the following 
          new item:
  
  ``Sec. 9813. Coverage of preventive care for children.''.
      (d) Effective Date.--The amendments made by this Act shall apply 
  with respect to plan years beginning on or after January 1, 2010.
      (e) Initial Notice.--Each group health plan and health insurance 
  issuer to which the notice requirements of section 714(g) of the 
  Employee Retirement Income Security Act of 1974, section 2707(g) of the 
  Public Health Service Act, or section 9813(g) of the Internal Revenue 
  Code of 1986 apply shall be deemed not in compliance with such 
  requirements with respect to the first plan year beginning on or after 
  January 1, 2010, unless, not later than January 1, 2010, the plan or 
  issuer includes the information described in such section in a notice 
  which is provided to each participant and beneficiary in writing.
  
  SEC. 3. COVERAGE OF PREVENTATIVE CARE FOR CHILDREN UNDER HEALTH SAVINGS 
                ACCOUNTS.
  
      (a) In General.--Paragraph (2) of section 223(c) of the Internal 
  Revenue Code of 1986 (defining high deductible health plan) is amended 
  by adding at the end the following new subparagraph:
                      ``(E) Special rule for preventative care for 
                  children.--
                              ``(i) In general.--A plan shall not be 
                          treated as a high deductible health plan unless 
                          such plan meets the requirements of section 
                          9813 (relating to coverage of preventative care 
                          for children).
                              ``(ii) Plan treated as group health plan.--
                          For purposes of clause (i), the plan shall be 
                          treated as a group health plan.''.
      (b) Effective Date.--The amendment made by this section shall apply 
  to taxable years beginning after December 31, 2009.
target: Healthy Kids for Healthy Futures Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to provide coverage for appropriate preventive care for a participant's dependent child who is not more than 18 years of age. Defines "appropriate preventive care" to mean medical care that meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. Prohibits a group health plan from imposing any cost-sharing for such preventive services.
  
  Prohibits a group health plan from taking specified actions to avoid the requirements of this Act.
  
  Applies the provisions of this Act to individual health insurance coverage.
  
  Excludes a plan from being treated as a high deductible health plan unless the requirements of this Act are met.
feat_title: To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require coverage of preventive care for children.