118 STAT. 4000 PUBLIC LAW 108–495—DEC. 23, 2004
LEGISLATIVE HISTORY—S. 1301:
HOUSE REPORTS: No. 108–504 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Sept. 25, considered and passed Senate.Vol. 150 (2004): Sept. 21, considered and passed House, amended.
Dec. 7, Senate concurred in House amendment.be visible to the public, regardless of whether that personis in a public or private place.
‘‘(c) This section does not prohibit any lawful law enforcement,
correctional, or intelligence activity.’’.
(b) A
MENDMENT TO PART ANALYSIS .—The table of chapters at
the beginning of part I of title 18, United States Code, is amendedby inserting after the item relating to chapter 87 the followingnew item:
‘‘88. Privacy …………………………………………………………………………………………….. 1801’’ .
Approved December 23, 2004.
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Public Law 108–496
108th Congress
An Act
To amend part III of title 5, United States Code, to provide for the establishment
of programs under which supplemental dental and vision benefits are made avail-able to Federal employees, retirees, and their dependents, to expand the con-tracting authority of the Office of Personnel Management, and for other purposes.
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 ‘‘Federal Employee Dental and
Vision Benefits Enhancement Act of 2004’’.
SEC. 2. ENHANCED DENTAL BENEFITS FOR FEDERAL EMPLOYEES.
Subpart G of part III of title 5, United States Code, is amended
by inserting after chapter 89 the following:
‘‘CHAPTER 89A—ENHANCED DENTAL BENEFITS
‘‘Sec.
‘‘8951. Definitions.‘‘8952. Availability of dental benefits.‘‘8953. Contracting authority.‘‘8954. Benefits.‘‘8955. Information to individuals eligible to enroll.‘‘8956. Election of coverage.‘‘8957. Coverage of restored survivor or disability annuitants.‘‘8958. Premiums.‘‘8959. Preemption.‘‘8960. Studies, reports, and audits.‘‘8961. Jurisdiction of courts.‘‘8962. Administrative functions.
‘‘§ 8951. Definitions
‘‘In this chapter:
‘‘(1) The term ‘employee’ means an employee defined under
section 8901(1).
‘‘(2) The terms ‘annuitant’, ‘member of family’, and
‘dependent’ have the meanings as such terms are defined underparagraphs (3), (5), and (9), respectively, of section 8901.
‘‘(3) The term ‘eligible individual’ refers to an individual
described in paragraph (1) or (2), without regard to whetherthe individual is enrolled in a health benefits plan underchapter 89.
‘‘(4) The term ‘Office’ means the Office of Personnel
Management.
‘‘(5) The term ‘qualified company’ means a company (or
consortium of companies or an employee organization definedunder section 8901(8)) that offers indemnity, preferred provider5 USC 101 note.Federal
Employee Dentaland VisionBenefitsEnhancementAct of 2004.Dec. 23, 2004
[S. 2657]
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organization, health maintenance organization, or discount
dental programs and if required is licensed to issue applicablecoverage in any number of States, taking any subsidiariesof such a company into account (and, in the case of a consor-tium, considering the member companies and any subsidiariesthereof, collectively).
‘‘(6) The term ‘employee organization’ means an association
or other organization of employees which is national in scope,or in which membership is open to all employees of a Govern-ment agency who are eligible to enroll in a health benefitsplan under chapter 89.
‘‘(7) The term ‘State’ includes the District of Columbia.
‘‘§ 8952. Availability of dental benefits
‘‘(a) The Office shall establish and administer a program
through which an eligible individual may obtain dental coverageto supplement coverage available through chapter 89.
‘‘(b) The Office shall determine, in the exercise of its reasonable
discretion, the financial requirements for qualified companies toparticipate in the program.
‘‘(c) Nothing in this chapter shall be construed to prohibit
the availability of dental benefits provided by health benefits plansunder chapter 89.
‘‘§ 8953. Contracting authority
‘‘(a)(1) The Office shall contract with a reasonable number
of qualified companies for a policy or policies of benefits describedunder section 8954 without regard to section 5 of title 41 or anyother statute requiring competitive bidding. An employee organiza-tion may contract with a qualified company for the purpose ofparticipating with that qualified company in any contract betweenthe Office and that qualified company.
‘‘(2) The Office shall ensure that each resulting contract is
awarded on the basis of contractor qualifications, price, and reason-able competition.
‘‘(b) Each contract under this section shall contain—
‘‘(1) the requirements under section 8902(d), (f), and (i)
made applicable to contracts under this section by regulationsprescribed by the Office;
‘‘(2) the terms of the enrollment period; and‘‘(3) such other terms and conditions as may be mutually
agreed to by the Office and the qualified company involved,consistent with the requirements of this chapter and regulationsprescribed by the Office.‘‘(c) Nothing in this chapter shall, in the case of an individual
electing dental supplemental benefit coverage under this chapterafter the expiration of such individual’s first opportunity to enroll,preclude the application of waiting periods more stringent thanthose that would have applied if that opportunity had not yetexpired.
‘‘(d)(1) Each contract under this chapter shall require the quali-
fied company to agree—
‘‘(A) to provide payments or benefits to an eligible indi-
vidual if such individual is entitled thereto under the termsof the contract; and
‘‘(B) with respect to disputes regarding claims for payments
or benefits under the terms of the contract—
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‘‘(i) to establish internal procedures designed to expedi-
tiously resolve such disputes; and
‘‘(ii) to establish, for disputes not resolved through
procedures under clause (i), procedures for 1 or more alter-native means of dispute resolution involving independentthird-party review under appropriate circumstances byentities mutually acceptable to the Office and the qualifiedcompany.
‘‘(2) A determination by a qualified company as to whether
or not a particular individual is eligible to obtain coverage underthis chapter shall be subject to review only to the extent andin the manner provided in the applicable contract.
‘‘(3) For purposes of applying the Contract Disputes Act of
1978 to disputes arising under this chapter between a qualifiedcompany and the Office—
‘‘(A) the agency board having jurisdiction to decide an
appeal relative to such a dispute shall be such board of contractappeals as the Director of the Office of Personnel Managementshall specify in writing (after appropriate arrangements, asdescribed in section 8(c) of such Act); and
‘‘(B) the district courts of the United States shall have
original jurisdiction, concurrent with the United States Courtof Federal Claims, of any action described in section 10(a)(1)of such Act relative to such a dispute.‘‘(e) Nothing in this section shall be considered to grant
authority for the Office or third-party reviewer to change the termsof any contract under this chapter.
‘‘(f) Contracts under this chapter shall be for a uniform term
of 7 years and may not be renewed automatically.
‘‘§ 8954. Benefits
‘‘(a) The Office may prescribe reasonable minimum standards
for enhanced dental benefits plans offered under this chapter andfor qualified companies offering the plans.
‘‘(b) Each contract may include more than 1 level of benefits
that shall be made available to all eligible individuals.
‘‘(c) The benefits to be provided under enhanced dental benefits
plans under this chapter may be of the following types:
‘‘(1) Diagnostic.‘‘(2) Preventive.‘‘(3) Emergency care.‘‘(4) Restorative.‘‘(5) Oral and maxillofacial surgery.‘‘(6) Endodontics.‘‘(7) Periodontics.‘‘(8) Prosthodontics.‘‘(9) Orthodontics.
‘‘(d) A contract approved under this chapter shall require the
qualified company to cover the geographic service delivery areaspecified by the Office. The Office shall require qualified companiesto include dentally underserved areas in their service delivery areas.
‘‘(e) If an individual has dental coverage under a health benefits
plan under chapter 89 and also has coverage under a plan underthis chapter, the health benefits plan under chapter 89 shall bethe first payor of any benefit payments.Procedures.
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‘‘§ 8955. Information to individuals eligible to enroll
‘‘(a) The qualified companies at the direction and with the
approval of the Office, shall make available to each individualeligible to enroll in a dental benefits plan information on servicesand benefits (including maximums, limitations, and exclusions),that the Office considers necessary to enable the individual tomake an informed decision about electing coverage.
‘‘(b) The Office shall make available to each individual eligible
to enroll in a dental benefits plan, information on services andbenefits provided by qualified companies participating underchapter 89.
‘‘§ 8956. Election of coverage
‘‘(a) An eligible individual may enroll in a dental benefits plan
for self-only, self plus one, or for self and family. If an eligibleindividual has a spouse who is also eligible to enroll, either spouse,but not both, may enroll for self plus one or self and family.An individual may not be enrolled both as an employee, annuitant,or other individual eligible to enroll and as a member of the family.
‘‘(b) The Office shall prescribe regulations under which—
‘‘(1) an eligible individual may enroll in a dental benefits
plan; and
‘‘(2) an enrolled individual may change the self-only, self
plus one, or self and family coverage of that individual.‘‘(c)(1) Regulations under subsection (b) shall permit an eligible
individual to cancel or transfer the enrollment of that individualto another dental benefits plan—
‘‘(A) before the start of any contract term in which there
is a change in rates charged or benefits provided, in whicha new plan is offered, or in which an existing plan is terminated;or
‘‘(B) during other times and under other circumstances
specified by the Office.‘‘(2) A transfer under paragraph (1) shall be subject to waiting
periods provided under a new plan.
‘‘§ 8957. Coverage of restored survivor or disability annu-
itants
‘‘A surviving spouse, disability annuitant, or surviving child
whose annuity is terminated and is later restored, may continueenrollment in a dental benefits plan subject to the terms andconditions prescribed in regulations issued by the Office.
‘‘§ 8958. Premiums
‘‘(a) Each eligible individual obtaining supplemental dental cov-
erage under this chapter shall be responsible for 100 percent ofthe premiums for such coverage.
‘‘(b) The Office shall prescribe regulations specifying the terms
and conditions under which individuals are required to pay thepremiums for enrollment.
‘‘(c) The amount necessary to pay the premiums for enrollment
may—
‘‘(1) in the case of an employee, be withheld from the
pay of such an employee; or
‘‘(2) in the case of an annuitant, be withheld from the
annuity of such an annuitant.
Regulations.Regulations.
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‘‘(d) All amounts withheld under this section shall be paid
directly to the qualified company.
‘‘(e) Each participating qualified company shall maintain
accounting records that contain such information and reports asthe Office may require.
‘‘(f)(1) The Employee Health Benefits Fund is available, without
fiscal year limitation, for reasonable expenses incurred by the Officein administering this chapter before the first day of the first contractperiod, including reasonable implementation costs.
‘‘(2)(A) There is established in the Employees Health Benefits
Fund a Dental Benefits Administrative Account, which shall beavailable to the Office, without fiscal year limitation, to defrayreasonable expenses incurred by the Office in administering thischapter after the start of the first contract year.
‘‘(B) A contract under this chapter shall include appropriate
provisions under which the qualified company involved shall, duringeach year, make such periodic contributions to the Dental BenefitsAdministrative Account as necessary to ensure that the reasonableanticipated expenses of the Office in administering this chapterduring such year are defrayed.
‘‘§ 8959. Preemption
‘‘The terms of any contract that relate to the nature, provision,
or extent of coverage or benefits (including payments with respectto benefits) shall supersede and preempt any State or local law,or any regulation issued thereunder, which relates to dental bene-fits, insurance, plans, or contracts.
‘‘§ 8960. Studies, reports, and audits
‘‘(a) Each contract shall contain provisions requiring the quali-
fied company to—
‘‘(1) furnish such reasonable reports as the Office deter-
mines to be necessary to enable it to carry out its functionsunder this chapter; and
‘‘(2) permit the Office and representatives of the Govern-
ment Accountability Office to examine such records of the quali-fied company as may be necessary to carry out the purposesof this chapter.‘‘(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Office, the qualified company, orboth, with such information and reports as the Office may require.
‘‘(c) The Office shall conduct periodic reviews of plans under
this chapter, including a comparison of the dental benefits availableunder chapter 89, to ensure the competitiveness of plans underthis chapter. The Office shall cooperate with the GovernmentAccountability Office to provide periodic evaluations of the program.
‘‘§ 8961. Jurisdiction of courts
‘‘The district courts of the United States have original jurisdic-
tion, concurrent with the United States Court of Federal Claims,of a civil action or claim against the United States under thischapter after such administrative remedies as required under sec-tion 8953(d) have been exhausted, but only to the extent judicialreview is not precluded by any dispute resolution or other remedyunder this chapter.
Records.
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‘‘§ 8962. Administrative functions
‘‘(a) The Office shall prescribe regulations to carry out this
chapter. The regulations may exclude an employee on the basisof the nature and type of employment or conditions pertainingto it.
‘‘(b) The Office shall, as appropriate, provide for coordinated
enrollment, promotion, and education efforts as appropriate in con-sultation with each qualified company. The information under thissubsection shall include information relating to the dental benefitsavailable under chapter 89, including the advantages and disadvan-tages of obtaining additional coverage under this chapter.’’.
SEC. 3. ENHANCED VISION BENEFITS FOR FEDERAL EMPLOYEES.
Subpart G of part III of title 5, United States Code, is amended
by inserting after chapter 89A (as added by section 2 of this Act)the following:
‘‘CHAPTER 89B—ENHANCED VISION BENEFITS
‘‘Sec.
‘‘8981. Definitions.‘‘8982. Availability of vision benefits.‘‘8983. Contracting authority.‘‘8984. Benefits.‘‘8985. Information to individuals eligible to enroll.‘‘8986. Election of coverage.‘‘8987. Coverage of restored survivor or disability annuitants.‘‘8988. Premiums.‘‘8989. Preemption.‘‘8990. Studies, reports, and audits.‘‘8991. Jurisdiction of courts.‘‘8992. Administrative functions.
‘‘§ 8981. Definitions
‘‘In this chapter:
‘‘(1) The term ‘employee’ means an employee defined under
section 8901(1).
‘‘(2) The terms ‘annuitant’, ‘member of family’, and
‘dependent’ have the meanings as such terms are defined underparagraphs (3), (5), and (9), respectively, of section 8901.
‘‘(3) The term ‘eligible individual’ refers to an individual
described in paragraph (1) or (2), without regard to whetherthe individual is enrolled in a health benefits plan underchapter 89.
‘‘(4) The term ‘Office’ means the Office of Personnel
Management.
‘‘(5) The term ‘qualified company’ means a company (or
consortium of companies or an employee organization definedunder section 8901(8)) that offers indemnity, preferred providerorganization, health maintenance organization, or discountvision programs and if required is licensed to issue applicablecoverage in any number of States, taking any subsidiariesof such a company into account (and, in the case of a consor-tium, considering the member companies and any subsidiariesthereof, collectively).
‘‘(6) The term ‘employee organization’ means an association
or other organization of employees which is national in scope,or in which membership is open to all employees of a Govern-ment agency who are eligible to enroll in a health benefitsplan under chapter 89.Regulations.
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‘‘(7) The term ‘State’ includes the District of Columbia.
‘‘§ 8982. Availability of vision benefits
‘‘(a) The Office shall establish and administer a program
through which an eligible individual may obtain vision coverageto supplement coverage available through chapter 89.
‘‘(b) The Office shall determine, in the exercise of its reasonable
discretion, the financial requirements for qualified companies toparticipate in the program.
‘‘(c) Nothing in this chapter shall be construed to prohibit
the availability of vision benefits provided by health benefits plansunder chapter 89.
‘‘§ 8983. Contracting authority
‘‘(a)(1) The Office shall contract with a reasonable number
of qualified companies for a policy or policies of benefits describedunder section 8984 without regard to section 5 of title 41 or anyother statute requiring competitive bidding. An employee organiza-tion may contract with a qualified company for the purpose ofparticipating with that qualified company in any contract betweenthe Office and that qualified company.
‘‘(2) The Office shall ensure that each resulting contract is
awarded on the basis of contractor qualifications, price, and reason-able competition.
‘‘(b) Each contract under this section shall contain—
‘‘(1) the requirements under section 8902 (d), (f), and (i)
made applicable to contracts under this section by regulationsprescribed by the Office;
‘‘(2) the terms of the enrollment period; and‘‘(3) such other terms and conditions as may be mutually
agreed to by the Office and the qualified company involved,consistent with the requirements of this chapter and regulationsprescribed by the Office.‘‘(c) Nothing in this chapter shall, in the case of an individual
electing vision supplemental benefit coverage under this chapterafter the expiration of such individual’s first opportunity to enroll,preclude the application of waiting periods more stringent thanthose that would have applied if that opportunity had not yetexpired.
‘‘(d)(1) Each contract under this chapter shall require the quali-
fied company to agree—
‘‘(A) to provide payments or benefits to an eligible indi-
vidual if such individual is entitled thereto under the termsof the contract; and
‘‘(B) with respect to disputes regarding claims for payments
or benefits under the terms of the contract—
‘‘(i) to establish internal procedures designed to expedi-
tiously resolve such disputes; and
‘‘(ii) to establish, for disputes not resolved through
procedures under clause (i), procedures for 1 or more alter-native means of dispute resolution involving independentthird-party review under appropriate circumstances byentities mutually acceptable to the Office and the qualifiedcompany.
‘‘(2) A determination by a qualified company as to whether
or not a particular individual is eligible to obtain coverage under
Procedures.
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this chapter shall be subject to review only to the extent and
in the manner provided in the applicable contract.
‘‘(3) For purposes of applying the Contract Disputes Act of
1978 to disputes arising under this chapter between a qualifiedcompany and the Office—
‘‘(A) the agency board having jurisdiction to decide an
appeal relative to such a dispute shall be such board of contractappeals as the Director of the Office of Personnel Managementshall specify in writing (after appropriate arrangements, asdescribed in section 8(c) of such Act); and
‘‘(B) the district courts of the United States shall have
original jurisdiction, concurrent with the United States Courtof Federal Claims, of any action described in section 10(a)(1)of such Act relative to such a dispute.‘‘(e) Nothing in this section shall be considered to grant
authority for the Office or third-party reviewer to change the termsof any contract under this chapter.
‘‘(f) Contracts under this chapter shall be for a uniform term
of 7 years and may not be renewed automatically.
‘‘§ 8984. Benefits
‘‘(a) The Office may prescribe reasonable minimum standards
for enhanced vision benefits plans offered under this chapter andfor qualified companies offering the plans.
‘‘(b) Each contract may include more than 1 level of benefits
that shall be made available to all eligible individuals.
‘‘(c) The benefits to be provided under enhanced vision benefits
plans under this chapter may be of the following types:
‘‘(1) Diagnostic (to include refractive services).‘‘(2) Preventive.‘‘(3) Eyewear.
‘‘(d) A contract approved under this chapter shall require the
qualified company to cover the geographic service delivery areaspecified by the Office. The Office shall require qualified companiesto include visually underserved areas in their service delivery areas.
‘‘(e) If an individual has vision coverage under a health benefits
plan under chapter 89 and also has coverage under a plan underthis chapter, the health benefits plan under chapter 89 shall bethe first payor of any benefit payments.
‘‘§ 8985. Information to individuals eligible to enroll
‘‘(a) The qualified companies at the direction and with the
approval of the Office, shall make available to each individualeligible to enroll in a vision benefits plan information on servicesand benefits (including maximums, limitations, and exclusions),that the Office considers necessary to enable the individual tomake an informed decision about electing coverage.
‘‘(b) The Office shall make available to each individual eligible
to enroll in a vision benefits plan, information on services andbenefits provided by qualified companies participating underchapter 89.
‘‘§ 8986. Election of coverage
‘‘(a) An eligible individual may enroll in a vision benefits plan
for self-only, self plus one, or for self and family. If an eligibleindividual has a spouse who is also eligible to enroll, either spouse,but not both, may enroll for self plus one or self and family.
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An individual may not be enrolled both as an employee, annuitant,
or other individual eligible to enroll and as a member of the family.
‘‘(b) The Office shall prescribe regulations under which—
‘‘(1) an eligible individual may enroll in a vision benefits
plan; and
‘‘(2) an enrolled individual may change the self-only, self
plus one, or self and family coverage of that individual.‘‘(c)(1) Regulations under subsection (b) shall permit an eligible
individual to cancel or transfer the enrollment of that individualto another vision benefits plan—
‘‘(A) before the start of any contract term in which there
is a change in rates charged or benefits provided, in whicha new plan is offered, or in which an existing plan is terminated;or
‘‘(B) during other times and under other circumstances
specified by the Office.‘‘(2) A transfer under paragraph (1) shall be subject to waiting
periods provided under a new plan.
‘‘§ 8987. Coverage of restored survivor or disability annu-
itants
‘‘A surviving spouse, disability annuitant, or surviving child
whose annuity is terminated and is later restored, may continueenrollment in a vision benefits plan subject to the terms and condi-tions prescribed in regulations issued by the Office.
‘‘§ 8988. Premiums
‘‘(a) Each eligible individual obtaining supplemental vision cov-
erage under this chapter shall be responsible for 100 percent ofthe premiums for such coverage.
‘‘(b) The Office shall prescribe regulations specifying the terms
and conditions under which individuals are required to pay thepremiums for enrollment.
‘‘(c) The amount necessary to pay the premiums for enrollment
may—
‘‘(1) in the case of an employee, be withheld from the
pay of such an employee; or
‘‘(2) in the case of an annuitant, be withheld from the
annuity of such an annuitant.‘‘(d) All amounts withheld under this section shall be paid
directly to the qualified company.
‘‘(e) Each participating qualified company shall maintain
accounting records that contain such information and reports asthe Office may require.
‘‘(f)(1) The Employee Health Benefits Fund is available, without
fiscal year limitation, for reasonable expenses incurred by the Officein administering this chapter before the first day of the first contractperiod, including reasonable implementation costs.
‘‘(2)(A) There is established in the Employees Health Benefits
Fund a Vision Benefits Administrative Account, which shall beavailable to the Office, without fiscal year limitation, to defrayreasonable expenses incurred by the Office in administering thischapter after the start of the first contract year.
‘‘(B) A contract under this chapter shall include appropriate
provisions under which the qualified company involved shall, duringeach year, make such periodic contributions to the Vision BenefitsAdministrative Account as necessary to ensure that the reasonableRegulations.Regulations.
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anticipated expenses of the Office in administering this chapter
during such year are defrayed.
‘‘§ 8989. Preemption
‘‘The terms of any contract that relate to the nature, provision,
or extent of coverage or benefits (including payments with respectto benefits) shall supersede and preempt any State or local law,or any regulation issued thereunder, which relates to vision benefits,insurance, plans, or contracts.
‘‘§ 8990. Studies, reports, and audits
‘‘(a) Each contract shall contain provisions requiring the quali-
fied company to—
‘‘(1) furnish such reasonable reports as the Office deter-
mines to be necessary to enable it to carry out its functionsunder this chapter; and
‘‘(2) permit the Office and representatives of the Govern-
ment Accountability Office to examine such records of the quali-fied company as may be necessary to carry out the purposesof this chapter.‘‘(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Office, the qualified company, orboth, with such information and reports as the Office may require.
‘‘(c) The Office shall conduct periodic reviews of plans under
this chapter, including a comparison of the vision benefits availableunder chapter 89, to ensure the competitiveness of plans underthis chapter. The Office shall cooperate with the GovernmentAccountability Office to provide periodic evaluations of the program.
‘‘§ 8991. Jurisdiction of courts
‘‘The district courts of the United States have original jurisdic-
tion, concurrent with the United States Court of Federal Claims,of a civil action or claim against the United States under thischapter after such administrative remedies as required under sec-tion 8983(d) have been exhausted, but only to the extent judicialreview is not precluded by any dispute resolution or other remedyunder this chapter.
‘‘§ 8992. Administrative functions
‘‘(a) The Office shall prescribe regulations to carry out this
chapter. The regulations may exclude an employee on the basisof the nature and type of employment or conditions pertainingto it.
‘‘(b) The Office shall, as appropriate, provide for coordinated
enrollment, promotion, and education efforts as appropriate in con-sultation with each qualified company. The information under thissubsection shall include information relating to the vision benefitsavailable under chapter 89, including the advantages and disadvan-tages of obtaining additional coverage under this chapter.’’.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.
The table of chapters for part III of title 5, United States
Code, is amended by inserting after the item relating to chapter89 the following:
‘‘89A. Enhanced Dental Benefits …………………………………………………………… 8951
‘‘89B. Enhanced Vision Benefits ……………………………………………………………. 8981’’.Regulations.Records.
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LEGISLATIVE HISTORY—S. 2657 (H.R. 5295):
SENATE REPORTS: No. 108–393 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Nov. 20, considered and passed Senate.Dec. 6, considered and passed House.SEC. 5. APPLICATION TO POSTAL SERVICE EMPLOYEES.
Section 1005(f) of title 39, United States Code, is amended
in the second sentence by striking ‘‘chapters 87 and 89’’ andinserting ‘‘chapters 87, 89, 89A, and 89B’’.
SEC. 6. REQUIREMENT TO STUDY HEALTH BENEFITS COVERAGE FOR
DEPENDENT CHILDREN WHO ARE FULL-TIME STUDENTS.
Not later than 6 months after the date of enactment of this
Act, the Office of Personnel Management shall submit to Congressa report describing and evaluating options whereby benefits underchapter 89 of title 5, United States Code, could be made availableto an unmarried dependent child under 25 years of age who isenrolled as a full-time student at an institution of higher educationas defined under section 101 of the Higher Education Act of 1965(20 U.S.C. 1001).
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the
date of enactment of this Act and shall apply to contracts thattake effect with respect to the calendar year 2006.
Approved December 23, 2004.5 USC 8951 note.Deadline.
Reports.
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Brief
The Federal Employee Dental and Vision Benefits Enhancement Act of 2004 was enacted on December 23, 2004. This act amends part III of title 5, United States Code, to provide for the establishment of programs under which supplemental dental and vision benefits are made available to federal employees, retirees, and their dependents. The Office of Personnel Management is authorized to contract with qualified companies to provide these benefits. The act also establishes a Dental Benefits Administrative Account and a Vision Benefits Administrative Account in the Employees Health Benefits Fund. Additionally, the act requires the Office of Personnel Management to conduct periodic reviews of plans under this chapter, including a comparison of dental and vision benefits available under chapters 89A and 89B, respectively, to ensure the competitiveness of plans under these chapters.
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Purpose
The Federal Employee Dental and Vision Benefits Enhancement Act of 2004 is a public law enacted on December 23, 2004. The purpose of this act is to provide supplemental dental and vision benefits to federal employees, retirees, and their dependents. This act also aims to expand the contracting authority of the Office of Personnel Management.
Key Provisions
The key provisions of this act include:
- Establishment of a program for supplemental dental coverage under chapter 89A.
- Contracting authority with qualified companies for supplemental dental benefits without competitive bidding.
- Requirements for qualified companies to provide payments or benefits to eligible individuals and to establish procedures for dispute resolution.
- Provision of reasonable minimum standards for enhanced dental benefits plans offered under this chapter.
- Establishment of a program for supplemental vision coverage under chapter 89B, similar to the provisions for dental benefits.
- Contracting authority with qualified companies for supplemental vision benefits without competitive bidding.
- Requirements for qualified companies to provide payments or benefits to eligible individuals and to establish procedures for dispute resolution.
- Provision of reasonable minimum standards for enhanced vision benefits plans offered under this chapter.
Industry Impact
The impact of this act on the industry is significant, as it provides federal employees with access to supplemental dental and vision benefits through qualified companies. This can lead to increased competition among insurance providers and potentially lower premiums for federal employees. Additionally, the provision of reasonable minimum standards for enhanced benefits plans may influence the development of new dental and vision insurance products.
Updates/Amendments
The act also includes provisions for updates and amendments, such as:
- Technical and conforming amendment to the table of chapters in part III of title 5, United States Code.
- Requirement for the Office of Personnel Management to submit a report on options for providing benefits under chapter 89 to dependent children who are full-time students.
- Effective date of the amendments made by this act is December 23, 2004, and shall apply to contracts that take effect with respect to the calendar year 2006.
The legislative history of the bill includes Senate Reports No. 108-393 (Comm. on Governmental Affairs) and Congressional Record Vol. 150 (2004).