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Introduced in House	176,276	n/a	n/a
Reported in House	395,096	1,002	67%

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HR 3200 IHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3200CommentsClose CommentsPermalink

To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

July 14, 2009CommentsClose CommentsPermalink

Mr. DINGELL (for himself, Mr. RANGEL, Mr. WAXMAN, Mr. GEORGE MILLER of California, Mr. STARK, Mr. PALLONE, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, 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 concernedCommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF DIVISIONS, TITLES, AND SUBTITLES.

(a) Short Title- This Act may be cited as the ‘America’s Affordable Health Choices Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Divisions, Titles, and Subtitles- This Act is divided into divisions, titles, and subtitles as follows:CommentsClose CommentsPermalink

DIVISION A--AFFORDABLE HEALTH CARE CHOICES

TITLE I--PROTECTIONS AND STANDARDS FOR QUALIFIED HEALTH BENEFITS PLANS

Subtitle A--General Standards

Subtitle B--Standards Guaranteeing Access to Affordable Coverage

Subtitle C--Standards Guaranteeing Access to Essential Benefits

Subtitle D--Additional Consumer Protections

Subtitle E--Governance

Subtitle F--Relation to Other Requirements; Miscellaneous

Subtitle G--Early Investments

TITLE II--HEALTH INSURANCE EXCHANGE AND RELATED PROVISIONS

Subtitle A--Health Insurance Exchange

Subtitle B--Public Health Insurance Option

Subtitle C--Individual Affordability Credits

TITLE III--SHARED RESPONSIBILITY

Subtitle A--Individual Responsibility

Subtitle B--Employer Responsibility

TITLE IV--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986

Subtitle A--Shared Responsibility

Subtitle B--Credit for Small Business Employee Health Coverage Expenses

Subtitle C--Disclosures To Carry Out Health Insurance Exchange Subsidies

Subtitle D--Other Revenue Provisions

DIVISION B--MEDICARE AND MEDICAID IMPROVEMENTS

TITLE I--IMPROVING HEALTH CARE VALUE

Subtitle A--Provisions Related to Medicare Part A

Subtitle B--Provisions Related to Part B

Subtitle C--Provisions Related to Medicare Parts A and B

Subtitle D--Medicare Advantage Reforms

Subtitle E--Improvements to Medicare Part D

Subtitle F--Medicare Rural Access Protections

TITLE II--MEDICARE BENEFICIARY IMPROVEMENTS

Subtitle A--Improving and Simplifying Financial Assistance for Low Income Medicare Beneficiaries

Subtitle B--Reducing Health Disparities

Subtitle C--Miscellaneous Improvements

TITLE III--PROMOTING PRIMARY CARE, MENTAL HEALTH SERVICES, AND COORDINATED CARE

TITLE IV--QUALITY

Subtitle A--Comparative Effectiveness Research

Subtitle B--Nursing Home Transparency

Subtitle C--Quality Measurements

Subtitle D--Physician Payments Sunshine Provision

Subtitle E--Public Reporting on Health Care-Associated Infections

TITLE V--MEDICARE GRADUATE MEDICAL EDUCATION

TITLE VI--PROGRAM INTEGRITY

Subtitle A--Increased Funding To Fight Waste, Fraud, and Abuse

Subtitle B--Enhanced Penalties for Fraud and Abuse

Subtitle C--Enhanced Program and Provider Protections

Subtitle D--Access to Information Needed To Prevent Fraud, Waste, and Abuse

TITLE VII--MEDICAID AND CHIP

Subtitle A--Medicaid and Health Reform

Subtitle B--Prevention

Subtitle C--Access

Subtitle D--Coverage

Subtitle E--Financing

Subtitle F--Waste, Fraud, and Abuse

Subtitle G--Puerto Rico and the Territories

Subtitle H--Miscellaneous

TITLE VIII--REVENUE-RELATED PROVISIONS

TITLE IX--MISCELLANEOUS PROVISIONS

DIVISION C--PUBLIC HEALTH AND WORKFORCE DEVELOPMENT

TITLE I--COMMUNITY HEALTH CENTERS

TITLE II--WORKFORCE

Subtitle A--Primary Care Workforce

Subtitle B--Nursing Workforce

Subtitle C--Public Health Workforce

Subtitle D--Adapting Workforce to Evolving Health System Needs

TITLE III--PREVENTION AND WELLNESS

TITLE IV--QUALITY AND SURVEILLANCE

TITLE V--OTHER PROVISIONS

Subtitle A--Drug Discount for Rural and Other Hospitals

Subtitle B--School-Based Health Clinics

Subtitle C--National Medical Device Registry

Subtitle D--Grants for Comprehensive Programs To Provide Education to Nurses and Create a Pipeline to Nursing

Subtitle E--States Failing To Adhere to Certain Employment Obligations

DIVISION A--AFFORDABLE HEALTH CARE CHOICESCommentsClose CommentsPermalink

SEC. 100. PURPOSE; TABLE OF CONTENTS OF DIVISION; GENERAL DEFINITIONS.

(a) Purpose-CommentsClose CommentsPermalink





(1) IN GENERAL- The purpose of this division is to provide affordable, quality health care for all Americans and reduce the growth in health care spending.CommentsClose CommentsPermalink





(2) BUILDING ON CURRENT SYSTEM- This division achieves this purpose by building on what works in today’s health care system, while repairing the aspects that are broken.CommentsClose CommentsPermalink





(3) INSURANCE REFORMS- This division--CommentsClose CommentsPermalink





(A) enacts strong insurance market reforms;CommentsClose CommentsPermalink





(B) creates a new Health Insurance Exchange, with a public health insurance option alongside private plans;CommentsClose CommentsPermalink





(C) includes sliding scale affordability credits; andCommentsClose CommentsPermalink





(D) initiates shared responsibility among workers, employers, and the government;CommentsClose CommentsPermalink





so that all Americans have coverage of essential health benefits.CommentsClose CommentsPermalink





(4) HEALTH DELIVERY REFORM- This division institutes health delivery system reforms both to increase quality and to reduce growth in health spending so that health care becomes more affordable for businesses, families, and government.CommentsClose CommentsPermalink





(b) Table of Contents of Division- The table of contents of this division is as follows:CommentsClose CommentsPermalink





Sec. 100. Purpose; table of contents of division; general definitions.CommentsClose CommentsPermalink

TITLE I--PROTECTIONS AND STANDARDS FOR QUALIFIED HEALTH BENEFITS PLANS

Subtitle A--General Standards

Sec. 101. Requirements reforming health insurance marketplace.CommentsClose CommentsPermalink





Sec. 102. Protecting the choice to keep current coverage.CommentsClose CommentsPermalink

Subtitle B--Standards Guaranteeing Access to Affordable Coverage

Sec. 111. Prohibiting pre-existing condition exclusions.CommentsClose CommentsPermalink





Sec. 112. Guaranteed issue and renewal for insured plans.CommentsClose CommentsPermalink





Sec. 113. Insurance rating rules.CommentsClose CommentsPermalink





Sec. 114. Nondiscrimination in benefits; parity in mental health and substance abuse disorder benefits.CommentsClose CommentsPermalink





Sec. 115. Ensuring adequacy of provider networks.CommentsClose CommentsPermalink





Sec. 116. Ensuring value and lower premiums.CommentsClose CommentsPermalink

Subtitle C--Standards Guaranteeing Access to Essential Benefits

Sec. 121. Coverage of essential benefits package.CommentsClose CommentsPermalink





Sec. 122. Essential benefits package defined.CommentsClose CommentsPermalink





Sec. 123. Health Benefits Advisory Committee.CommentsClose CommentsPermalink





Sec. 124. Process for adoption of recommendations; adoption of benefit standards.CommentsClose CommentsPermalink

Subtitle D--Additional Consumer Protections

Sec. 131. Requiring fair marketing practices by health insurers.CommentsClose CommentsPermalink





Sec. 132. Requiring fair grievance and appeals mechanisms.CommentsClose CommentsPermalink





Sec. 133. Requiring information transparency and plan disclosure.CommentsClose CommentsPermalink





Sec. 134. Application to qualified health benefits plans not offered through the Health Insurance Exchange.CommentsClose CommentsPermalink





Sec. 135. Timely payment of claims.CommentsClose CommentsPermalink





Sec. 136. Standardized rules for coordination and subrogation of benefits.CommentsClose CommentsPermalink





Sec. 137. Application of administrative simplification.CommentsClose CommentsPermalink

Subtitle E--Governance

Sec. 141. Health Choices Administration; Health Choices Commissioner.CommentsClose CommentsPermalink





Sec. 142. Duties and authority of Commissioner.CommentsClose CommentsPermalink





Sec. 143. Consultation and coordination.CommentsClose CommentsPermalink





Sec. 144. Health Insurance Ombudsman.CommentsClose CommentsPermalink

Subtitle F--Relation to Other Requirements; Miscellaneous

Sec. 151. Relation to other requirements.CommentsClose CommentsPermalink





Sec. 152. Prohibiting discrimination in health care.CommentsClose CommentsPermalink





Sec. 153. Whistleblower protection.CommentsClose CommentsPermalink





Sec. 154. Construction regarding collective bargaining.CommentsClose CommentsPermalink





Sec. 155. Severability.CommentsClose CommentsPermalink

Subtitle G--Early Investments

Sec. 161. Ensuring value and lower premiums.CommentsClose CommentsPermalink





Sec. 162. Ending health insurance rescission abuse.CommentsClose CommentsPermalink





Sec. 163. Administrative simplification.CommentsClose CommentsPermalink





Sec. 164. Reinsurance program for retirees.CommentsClose CommentsPermalink

TITLE II--HEALTH INSURANCE EXCHANGE AND RELATED PROVISIONS

Subtitle A--Health Insurance Exchange

Sec. 201. Establishment of Health Insurance Exchange; outline of duties; definitions.CommentsClose CommentsPermalink





Sec. 202. Exchange-eligible individuals and employers.CommentsClose CommentsPermalink





Sec. 203. Benefits package levels.CommentsClose CommentsPermalink





Sec. 204. Contracts for the offering of Exchange-participating health benefits plans.CommentsClose CommentsPermalink





Sec. 205. Outreach and enrollment of Exchange-eligible individuals and employers in Exchange-participating health benefits plan.CommentsClose CommentsPermalink





Sec. 206. Other functions.CommentsClose CommentsPermalink





Sec. 207. Health Insurance Exchange Trust Fund.CommentsClose CommentsPermalink





Sec. 208. Optional operation of State-based health insurance exchanges.CommentsClose CommentsPermalink

Subtitle B--Public Health Insurance Option

Sec. 221. Establishment and administration of a public health insurance option as an Exchange-qualified health benefits plan.CommentsClose CommentsPermalink





Sec. 222. Premiums and financing.CommentsClose CommentsPermalink





Sec. 223. Payment rates for items and services.CommentsClose CommentsPermalink





Sec. 224. Modernized payment initiatives and delivery system reform.CommentsClose CommentsPermalink





Sec. 225. Provider participation.CommentsClose CommentsPermalink





Sec. 226. Application of fraud and abuse provisions.CommentsClose CommentsPermalink

Subtitle C--Individual Affordability Credits

Sec. 241. Availability through Health Insurance Exchange.CommentsClose CommentsPermalink





Sec. 242. Affordable credit eligible individual.CommentsClose CommentsPermalink





Sec. 243. Affordable premium credit.CommentsClose CommentsPermalink





Sec. 244. Affordability cost-sharing credit.CommentsClose CommentsPermalink





Sec. 245. Income determinations.CommentsClose CommentsPermalink





Sec. 246. No Federal payment for undocumented aliens.CommentsClose CommentsPermalink

TITLE III--SHARED RESPONSIBILITY

Subtitle A--Individual Responsibility

Sec. 301. Individual responsibility.CommentsClose CommentsPermalink

Subtitle B--Employer Responsibility

Part 1--Health Coverage Participation Requirements

Sec. 311. Health coverage participation requirements.CommentsClose CommentsPermalink





Sec. 312. Employer responsibility to contribute towards employee and dependent coverage.CommentsClose CommentsPermalink





Sec. 313. Employer contributions in lieu of coverage.CommentsClose CommentsPermalink





Sec. 314. Authority related to improper steering.CommentsClose CommentsPermalink

Part 2--Satisfaction of Health Coverage Participation Requirements

Sec. 321. Satisfaction of health coverage participation requirements under the Employee Retirement Income Security Act of 1974.CommentsClose CommentsPermalink





Sec. 322. Satisfaction of health coverage participation requirements under the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





Sec. 323. Satisfaction of health coverage participation requirements under the Public Health Service Act.CommentsClose CommentsPermalink





Sec. 324. Additional rules relating to health coverage participation requirements.CommentsClose CommentsPermalink

TITLE IV--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986

Subtitle A--Shared Responsibility

Part 1--Individual Responsibility

Sec. 401. Tax on individuals without acceptable health care coverage.CommentsClose CommentsPermalink

Part 2--Employer Responsibility

Sec. 411. Election to satisfy health coverage participation requirements.CommentsClose CommentsPermalink





Sec. 412. Responsibilities of nonelecting employers.CommentsClose CommentsPermalink

Subtitle B--Credit for Small Business Employee Health Coverage Expenses

Sec. 421. Credit for small business employee health coverage expenses.CommentsClose CommentsPermalink

Subtitle C--Disclosures To Carry Out Health Insurance Exchange Subsidies

Sec. 431. Disclosures to carry out health insurance exchange subsidies.CommentsClose CommentsPermalink

Subtitle D--Other Revenue Provisions

Part 1--General Provisions

Sec. 441. Surcharge on high income individuals.CommentsClose CommentsPermalink





Sec. 442. Delay in application of worldwide allocation of interest.CommentsClose CommentsPermalink

Part 2--Prevention of Tax Avoidance

Sec. 451. Limitation on treaty benefits for certain deductible payments.CommentsClose CommentsPermalink





Sec. 452. Codification of economic substance doctrine.CommentsClose CommentsPermalink





Sec. 453. Penalties for underpayments.CommentsClose CommentsPermalink





(c) General Definitions- Except as otherwise provided, in this division:CommentsClose CommentsPermalink





(1) ACCEPTABLE COVERAGE- The term ‘acceptable coverage’ has the meaning given such term in section 202(d)(2).CommentsClose CommentsPermalink





(2) BASIC PLAN- The term ‘basic plan’ has the meaning given such term in section 203(c).CommentsClose CommentsPermalink





(3) COMMISSIONER- The term ‘Commissioner’ means the Health Choices Commissioner established under section 141.CommentsClose CommentsPermalink





(4) COST-SHARING- The term ‘cost-sharing’ includes deductibles, coinsurance, copayments, and similar charges but does not include premiums or any network payment differential for covered services or spending for non-covered services.CommentsClose CommentsPermalink





(5) DEPENDENT- The term ‘dependent’ has the meaning given such term by the Commissioner and includes a spouse.CommentsClose CommentsPermalink





(6) EMPLOYMENT-BASED HEALTH PLAN- The term ‘employment-based health plan’--CommentsClose CommentsPermalink





(A) means a group health plan (as defined in section 733(a)(1) of the Employee Retirement Income Security Act of 1974); andCommentsClose CommentsPermalink





(B) includes such a plan that is the following:CommentsClose CommentsPermalink





(i) FEDERAL, STATE, AND TRIBAL GOVERNMENTAL PLANS- A governmental plan (as defined in section 3(32) of the Employee Retirement Income Security Act of 1974), including a health benefits plan offered under chapter 89 of title 5, United States Code.CommentsClose CommentsPermalink





(ii) CHURCH PLANS- A church plan (as defined in section 3(33) of the Employee Retirement Income Security Act of 1974).CommentsClose CommentsPermalink





(7) ENHANCED PLAN- The term ‘enhanced plan’ has the meaning given such term in section 203(c).CommentsClose CommentsPermalink





(8) ESSENTIAL BENEFITS PACKAGE- The term ‘essential benefits package’ is defined in section 122(a).CommentsClose CommentsPermalink





(9) FAMILY- The term ‘family’ means an individual and includes the individual’s dependents.CommentsClose CommentsPermalink





(10) FEDERAL POVERTY LEVEL; FPL- The terms ‘Federal poverty level’ and ‘FPL’ have the meaning given the term ‘poverty line’ in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section.CommentsClose CommentsPermalink





(11) HEALTH BENEFITS PLAN- The terms ‘health benefits plan’ means health insurance coverage and an employment-based health plan and includes the public health insurance option.CommentsClose CommentsPermalink





(12) HEALTH INSURANCE COVERAGE; HEALTH INSURANCE ISSUER- The terms ‘health insurance coverage’ and ‘health insurance issuer’ have the meanings given such terms in section 2791 of the Public Health Service Act.CommentsClose CommentsPermalink





(13) HEALTH INSURANCE EXCHANGE- The term ‘Health Insurance Exchange’ means the Health Insurance Exchange established under section 201.CommentsClose CommentsPermalink





(14) MEDICAID- The term ‘Medicaid’ means a State plan under title XIX of the Social Security Act (whether or not the plan is operating under a waiver under section 1115 of such Act).CommentsClose CommentsPermalink





(15) MEDICARE- The term ‘Medicare’ means the health insurance programs under title XVIII of the Social Security Act.CommentsClose CommentsPermalink





(16) PLAN SPONSOR- The term ‘plan sponsor’ has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974.CommentsClose CommentsPermalink





(17) PLAN YEAR- The term ‘plan year’ means--CommentsClose CommentsPermalink





(A) with respect to an employment-based health plan, a plan year as specified under such plan; orCommentsClose CommentsPermalink





(B) with respect to a health benefits plan other than an employment-based health plan, a 12-month period as specified by the Commissioner.CommentsClose CommentsPermalink





(18) PREMIUM PLAN; PREMIUM-PLUS PLAN- The terms ‘premium plan’ and ‘premium-plus plan’ have the meanings given such terms in section 203(c).CommentsClose CommentsPermalink





(19) QHBP OFFERING ENTITY- The terms ‘QHBP offering entity’ means, with respect to a health benefits plan that is--CommentsClose CommentsPermalink





(A) a group health plan (as defined, subject to subsection (d), in section 733(a)(1) of the Employee Retirement Income Security Act of 1974), the plan sponsor in relation to such group health plan, except that, in the case of a plan maintained jointly by 1 or more employers and 1 or more employee organizations and with respect to which an employer is the primary source of financing, such term means such employer;CommentsClose CommentsPermalink





(B) health insurance coverage, the health insurance issuer offering the coverage;CommentsClose CommentsPermalink





(C) the public health insurance option, the Secretary of Health and Human Services;CommentsClose CommentsPermalink





(D) a non-Federal governmental plan (as defined in section 2791(d) of the Public Health Service Act), the State or political subdivision of a State (or agency or instrumentality of such State or subdivision) which establishes or maintains such plan; orCommentsClose CommentsPermalink





(E) a Federal governmental plan (as defined in section 2791(d) of the Public Health Service Act), the appropriate Federal official.CommentsClose CommentsPermalink





(20) QUALIFIED HEALTH BENEFITS PLAN- The term ‘qualified health benefits plan’ means a health benefits plan that meets the requirements for such a plan under title I and includes the public health insurance option.CommentsClose CommentsPermalink





(21) PUBLIC HEALTH INSURANCE OPTION- The term ‘public health insurance option’ means the public health insurance option as provided under subtitle B of title II.CommentsClose CommentsPermalink





(22) SERVICE AREA; PREMIUM RATING AREA- The terms ‘service area’ and ‘premium rating area’ mean with respect to health insurance coverage--CommentsClose CommentsPermalink





(A) offered other than through the Health Insurance Exchange, such an area as established by the QHBP offering entity of such coverage in accordance with applicable State law; andCommentsClose CommentsPermalink





(B) offered through the Health Insurance Exchange, such an area as established by such entity in accordance with applicable State law and applicable rules of the Commissioner for Exchange-participating health benefits plans.CommentsClose CommentsPermalink





(23) STATE- The term ‘State’ means the 50 States and the District of Columbia.CommentsClose CommentsPermalink





(24) STATE MEDICAID AGENCY- The term ‘State Medicaid agency’ means, with respect to a Medicaid plan, the single State agency responsible for administering such plan under title XIX of the Social Security Act.CommentsClose CommentsPermalink





(25) Y1, Y2, ETC- The terms ‘Y1’ , ‘Y2’, ‘Y3’, ‘Y4’, ‘Y5’, and similar subsequently numbered terms, mean 2013 and subsequent years, respectively.CommentsClose CommentsPermalink

TITLE I--PROTECTIONS AND STANDARDS FOR QUALIFIED HEALTH BENEFITS PLANSCommentsClose CommentsPermalink

Subtitle A--General StandardsCommentsClose CommentsPermalink

SEC. 101. REQUIREMENTS REFORMING HEALTH INSURANCE MARKETPLACE.

(a) Purpose- The purpose of this title is to establish standards to ensure that new health insurance coverage and employment-based health plans that are offered meet standards guaranteeing access to affordable coverage, essential benefits, and other consumer protections.CommentsClose CommentsPermalink





(b) Requirements for Qualified Health Benefits Plans- On or after the first day of Y1, a health benefits plan shall not be a qualified health benefits plan under this division unless the plan meets the applicable requirements of the following subtitles for the type of plan and plan year involved:CommentsClose CommentsPermalink





(1) Subtitle B (relating to affordable coverage).CommentsClose CommentsPermalink





(2) Subtitle C (relating to essential benefits).CommentsClose CommentsPermalink





(3) Subtitle D (relating to consumer protection).CommentsClose CommentsPermalink





(c) Terminology- In this division:CommentsClose CommentsPermalink





(1) ENROLLMENT IN EMPLOYMENT-BASED HEALTH PLANS- An individual shall be treated as being ‘enrolled’ in an employment-based health plan if the individual is a participant or beneficiary (as such terms are defined in section 3(7) and 3(8), respectively, of the Employee Retirement Income Security Act of 1974) in such plan.CommentsClose CommentsPermalink





(2) INDIVIDUAL AND GROUP HEALTH INSURANCE COVERAGE- The terms ‘individual health insurance coverage’ and ‘group health insurance coverage’ mean health insurance coverage offered in the individual market or large or small group market, respectively, as defined in section 2791 of the Public Health Service Act.CommentsClose CommentsPermalink

SEC. 102. PROTECTING THE CHOICE TO KEEP CURRENT COVERAGE.

(a) Grandfathered Health Insurance Coverage Defined- Subject to the succeeding provisions of this section, for purposes of establishing acceptable coverage under this division, the term ‘grandfathered health insurance coverage’ means individual health insurance coverage that is offered and in force and effect before the first day of Y1 if the following conditions are met:CommentsClose CommentsPermalink





(1) LIMITATION ON NEW ENROLLMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Y1.CommentsClose CommentsPermalink





(B) DEPENDENT COVERAGE PERMITTED- Subparagraph (A) shall not affect the subsequent enrollment of a dependent of an individual who is covered as of such first day.CommentsClose CommentsPermalink





(2) LIMITATION ON CHANGES IN TERMS OR CONDITIONS- Subject to paragraph (3) and except as required by law, the issuer does not change any of its terms or conditions, including benefits and cost-sharing, from those in effect as of the day before the first day of Y1.CommentsClose CommentsPermalink





(3) RESTRICTIONS ON PREMIUM INCREASES- The issuer cannot vary the percentage increase in the premium for a risk group of enrollees in specific grandfathered health insurance coverage without changing the premium for all enrollees in the same risk group at the same rate, as specified by the Commissioner.CommentsClose CommentsPermalink





(b) Grace Period for Current Employment-based Health Plans-CommentsClose CommentsPermalink





(1) GRACE PERIOD-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commissioner shall establish a grace period whereby, for plan years beginning after the end of the 5-year period beginning with Y1, an employment-based health plan in operation as of the day before the first day of Y1 must meet the same requirements as apply to a qualified health benefits plan under section 101, including the essential benefit package requirement under section 121.CommentsClose CommentsPermalink





(B) EXCEPTION FOR LIMITED BENEFITS PLANS- Subparagraph (A) shall not apply to an employment-based health plan in which the coverage consists only of one or more of the following:CommentsClose CommentsPermalink





(i) Any coverage described in section 3001(a)(1)(B)(ii)(IV) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).CommentsClose CommentsPermalink





(ii) Excepted benefits (as defined in section 733(c) of the Employee Retirement Income Security Act of 1974), including coverage under a specified disease or illness policy described in paragraph (3)(A) of such section.CommentsClose CommentsPermalink





(iii) Such other limited benefits as the Commissioner may specify.CommentsClose CommentsPermalink





In no case shall an employment-based health plan in which the coverage consists only of one or more of the coverage or benefits described in clauses (i) through (iii) be treated as acceptable coverage under this divisionCommentsClose CommentsPermalink





(2) TRANSITIONAL TREATMENT AS ACCEPTABLE COVERAGE- During the grace period specified in paragraph (1)(A), an employment-based health plan that is described in such paragraph shall be treated as acceptable coverage under this division.CommentsClose CommentsPermalink





(c) Limitation on Individual Health Insurance Coverage-CommentsClose CommentsPermalink





(1) IN GENERAL- Individual health insurance coverage that is not grandfathered health insurance coverage under subsection (a) may only be offered on or after the first day of Y1 as an Exchange-participating health benefits plan.CommentsClose CommentsPermalink





(2) SEPARATE, EXCEPTED COVERAGE PERMITTED- Excepted benefits (as defined in section 2791(c) of the Public Health Service Act) are not included within the definition of health insurance coverage. Nothing in paragraph (1) shall prevent the offering, other than through the Health Insurance Exchange, of excepted benefits so long as it is offered and priced separately from health insurance coverage.CommentsClose CommentsPermalink

Subtitle B--Standards Guaranteeing Access to Affordable CoverageCommentsClose CommentsPermalink

SEC. 111. PROHIBITING PRE-EXISTING CONDITION EXCLUSIONS.

A qualified health benefits plan may not impose any pre-existing condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act) or otherwise impose any limit or condition on the coverage under the plan with respect to an individual or dependent based on any health status-related factors (as defined in section 2791(d)(9) of the Public Health Service Act) in relation to the individual or dependent.CommentsClose CommentsPermalink

SEC. 112. GUARANTEED ISSUE AND RENEWAL FOR INSURED PLANS.

The requirements of sections 2711 (other than subsections (c) and (e)) and 2712 (other than paragraphs (3), and (6) of subsection (b) and subsection (e)) of the Public Health Service Act, relating to guaranteed availability and renewability of health insurance coverage, shall apply to individuals and employers in all individual and group health insurance coverage, whether offered to individuals or employers through the Health Insurance Exchange, through any employment-based health plan, or otherwise, in the same manner as such sections apply to employers and health insurance coverage offered in the small group market, except that such section 2712(b)(1) shall apply only if, before nonrenewal or discontinuation of coverage, the issuer has provided the enrollee with notice of non-payment of premiums and there is a grace period during which the enrollees has an opportunity to correct such nonpayment. Rescissions of such coverage shall be prohibited except in cases of fraud as defined in sections 2712(b)(2) of such Act.CommentsClose CommentsPermalink

SEC. 113. INSURANCE RATING RULES.

(a) In General- The premium rate charged for an insured qualified health benefits plan may not vary except as follows:CommentsClose CommentsPermalink





(1) LIMITED AGE VARIATION PERMITTED- By age (within such age categories as the Commissioner shall specify) so long as the ratio of the highest such premium to the lowest such premium does not exceed the ratio of 2 to 1.CommentsClose CommentsPermalink





(2) BY AREA- By premium rating area (as permitted by State insurance regulators or, in the case of Exchange-participating health benefits plans, as specified by the Commissioner in consultation with such regulators).CommentsClose CommentsPermalink





(3) BY FAMILY ENROLLMENT- By family enrollment (such as variations within categories and compositions of families) so long as the ratio of the premium for family enrollment (or enrollments) to the premium for individual enrollment is uniform, as specified under State law and consistent with rules of the Commissioner.CommentsClose CommentsPermalink





(b) Study and Reports-CommentsClose CommentsPermalink





(1) STUDY- The Commissioner, in coordination with the Secretary of Health and Human Services and the Secretary of Labor, shall conduct a study of the large group insured and self-insured employer health care markets. Such study shall examine the following:CommentsClose CommentsPermalink





(A) The types of employers by key characteristics, including size, that purchase insured products versus those that self-insure.CommentsClose CommentsPermalink





(B) The similarities and differences between typical insured and self-insured health plans.CommentsClose CommentsPermalink





(C) The financial solvency and capital reserve levels of employers that self-insure by employer size.CommentsClose CommentsPermalink





(D) The risk of self-insured employers not being able to pay obligations or otherwise becoming financially insolvent.CommentsClose CommentsPermalink





(E) The extent to which rating rules are likely to cause adverse selection in the large group market or to encourage small and mid size employers to self-insureCommentsClose CommentsPermalink





(2) REPORTS- Not later than 18 months after the date of the enactment of this Act, the Commissioner shall submit to Congress and the applicable agencies a report on the study conducted under paragraph (1). Such report shall include any recommendations the Commissioner deems appropriate to ensure that the law does not provide incentives for small and mid-size employers to self-insure or create adverse selection in the risk pools of large group insurers and self-insured employers. Not later than 18 months after the first day of Y1, the Commissioner shall submit to Congress and the applicable agencies an updated report on such study, including updates on such recommendations.CommentsClose CommentsPermalink

SEC. 114. NONDISCRIMINATION IN BENEFITS; PARITY IN MENTAL HEALTH AND SUBSTANCE ABUSE DISORDER BENEFITS.

(a) Nondiscrimination in Benefits- A qualified health benefits plan shall comply with standards established by the Commissioner to prohibit discrimination in health benefits or benefit structures for qualifying health benefits plans, building from sections 702 of Employee Retirement Income Security Act of 1974, 2702 of the Public Health Service Act, and section 9802 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(b) Parity in Mental Health and Substance Abuse Disorder Benefits- To the extent such provisions are not superceded by or inconsistent with subtitle C, the provisions of section 2705 (other than subsections (a)(1), (a)(2), and (c)) of section 2705 of the Public Health Service Act shall apply to a qualified health benefits plan, regardless of whether it is offered in the individual or group market, in the same manner as such provisions apply to health insurance coverage offered in the large group market.CommentsClose CommentsPermalink

SEC. 115. ENSURING ADEQUACY OF PROVIDER NETWORKS.

(a) In General- A qualified health benefits plan that uses a provider network for items and services shall meet such standards respecting provider networks as the Commissioner may establish to assure the adequacy of such networks in ensuring enrollee access to such items and services and transparency in the cost-sharing differentials between in-network coverage and out-of-network coverage.CommentsClose CommentsPermalink





(b) Provider Network Defined- In this division, the term ‘provider network’ means the providers with respect to which covered benefits, treatments, and services are available under a health benefits plan.CommentsClose CommentsPermalink

SEC. 116. ENSURING VALUE AND LOWER PREMIUMS.

(a) In General- A qualified health benefits plan shall meet a medical loss ratio as defined by the Commissioner. For any plan year in which the qualified health benefits plan does not meet such medical loss ratio, QHBP offering entity shall provide in a manner specified by the Commissioner for rebates to enrollees of payment sufficient to meet such loss ratio.CommentsClose CommentsPermalink





(b) Building on Interim Rules- In implementing subsection (a), the Commissioner shall build on the definition and methodology developed by the Secretary of Health and Human Services under the amendments made by section 161 for determining how to calculate the medical loss ratio. Such methodology shall be set at the highest level medical loss ratio possible that is designed to ensure adequate participation by QHBP offering entities, competition in the health insurance market in and out of the Health Insurance Exchange, and value for consumers so that their premiums are used for services.CommentsClose CommentsPermalink

Subtitle C--Standards Guaranteeing Access to Essential BenefitsCommentsClose CommentsPermalink

SEC. 121. COVERAGE OF ESSENTIAL BENEFITS PACKAGE.

(a) In General- A qualified health benefits plan shall provide coverage that at least meets the benefit standards adopted under section 124 for the essential benefits package described in section 122 for the plan year involved.CommentsClose CommentsPermalink





(b) Choice of Coverage-CommentsClose CommentsPermalink





(1) NON-EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS- In the case of a qualified health benefits plan that is not an Exchange-participating health benefits plan, such plan may offer such coverage in addition to the essential benefits package as the QHBP offering entity may specify.CommentsClose CommentsPermalink





(2) EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS- In the case of an Exchange-participating health benefits plan, such plan is required under section 203 to provide specified levels of benefits and, in the case of a plan offering a premium-plus level of benefits, provide additional benefits.CommentsClose CommentsPermalink





(3) CONTINUATION OF OFFERING OF SEPARATE EXCEPTED BENEFITS COVERAGE- Nothing in this division shall be construed as affecting the offering of health benefits in the form of excepted benefits (described in section 102(b)(1)(B)(ii)) if such benefits are offered under a separate policy, contract, or certificate of insurance.CommentsClose CommentsPermalink





(c) No Restrictions on Coverage Unrelated to Clinical Appropriateness- A qualified health benefits plan may not impose any restriction (other than cost-sharing) unrelated to clinical appropriateness on the coverage of the health care items and services.CommentsClose CommentsPermalink

SEC. 122. ESSENTIAL BENEFITS PACKAGE DEFINED.

(a) In General- In this division, the term ‘essential benefits package’ means health benefits coverage, consistent with standards adopted under section 124 to ensure the provision of quality health care and financial security, that--CommentsClose CommentsPermalink





(1) provides payment for the items and services described in subsection (b) in accordance with generally accepted standards of medical or other appropriate clinical or professional practice;CommentsClose CommentsPermalink





(2) limits cost-sharing for such covered health care items and services in accordance with such benefit standards, consistent with subsection (c);CommentsClose CommentsPermalink





(3) does not impose any annual or lifetime limit on the coverage of covered health care items and services;CommentsClose CommentsPermalink





(4) complies with section 115(a) (relating to network adequacy); andCommentsClose CommentsPermalink





(5) is equivalent, as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services, to the average prevailing employer-sponsored coverage.CommentsClose CommentsPermalink





(b) Minimum Services To Be Covered- The items and services described in this subsection are the following:CommentsClose CommentsPermalink





(1) Hospitalization.CommentsClose CommentsPermalink





(2) Outpatient hospital and outpatient clinic services, including emergency department services.CommentsClose CommentsPermalink





(3) Professional services of physicians and other health professionals.CommentsClose CommentsPermalink





(4) Such services, equipment, and supplies incident to the services of a physician’s or a health professional’s delivery of care in institutional settings, physician offices, patients’ homes or place of residence, or other settings, as appropriate.CommentsClose CommentsPermalink





(5) Prescription drugs.CommentsClose CommentsPermalink





(6) Rehabilitative and habilitative services.CommentsClose CommentsPermalink





(7) Mental health and substance use disorder services.CommentsClose CommentsPermalink





(8) Preventive services, including those services recommended with a grade of A or B by the Task Force on Clinical Preventive Services and those vaccines recommended for use by the Director of the Centers for Disease Control and Prevention.CommentsClose CommentsPermalink





(9) Maternity care.CommentsClose CommentsPermalink





(10) Well baby and well child care and oral health, vision, and hearing services, equipment, and supplies at least for children under 21 years of age.CommentsClose CommentsPermalink





(c) Requirements Relating to Cost-sharing and Minimum Actuarial Value-CommentsClose CommentsPermalink





(1) NO COST-SHARING FOR PREVENTIVE SERVICES- There shall be no cost-sharing under the essential benefits package for preventive items and services (as specified under the benefit standards), including well baby and well child care.CommentsClose CommentsPermalink





(2) ANNUAL LIMITATION-CommentsClose CommentsPermalink





(A) ANNUAL LIMITATION- The cost-sharing incurred under the essential benefits package with respect to an individual (or family) for a year does not exceed the applicable level specified in subparagraph (B).CommentsClose CommentsPermalink





(B) APPLICABLE LEVEL- The applicable level specified in this subparagraph for Y1 is $5,000 for an individual and $10,000 for a family. Such levels shall be increased (rounded to the nearest $100) for each subsequent year by the annual percentage increase in the Consumer Price Index (United States city average) applicable to such year.CommentsClose CommentsPermalink





(C) USE OF COPAYMENTS- In establishing cost-sharing levels for basic, enhanced, and premium plans under this subsection, the Secretary shall, to the maximum extent possible, use only copayments and not coinsurance.CommentsClose CommentsPermalink





(3) MINIMUM ACTUARIAL VALUE-CommentsClose CommentsPermalink





(A) IN GENERAL- The cost-sharing under the essential benefits package shall be designed to provide a level of coverage that is designed to provide benefits that are actuarially equivalent to approximately 70 percent of the full actuarial value of the benefits provided under the reference benefits package described in subparagraph (B).CommentsClose CommentsPermalink





(B) REFERENCE BENEFITS PACKAGE DESCRIBED- The reference benefits package described in this subparagraph is the essential benefits package if there were no cost-sharing imposed.CommentsClose CommentsPermalink

SEC. 123. HEALTH BENEFITS ADVISORY COMMITTEE.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established a private-public advisory committee which shall be a panel of medical and other experts to be known as the Health Benefits Advisory Committee to recommend covered benefits and essential, enhanced, and premium plans.CommentsClose CommentsPermalink





(2) CHAIR- The Surgeon General shall be a member and the chair of the Health Benefits Advisory Committee.CommentsClose CommentsPermalink





(3) MEMBERSHIP- The Health Benefits Advisory Committee shall be composed of the following members, in addition to the Surgeon General:CommentsClose CommentsPermalink





(A) 9 members who are not Federal employees or officers and who are appointed by the President.CommentsClose CommentsPermalink





(B) 9 members who are not Federal employees or officers and who are appointed by the Comptroller General of the United States in a manner similar to the manner in which the Comptroller General appoints members to the Medicare Payment Advisory Commission under section 1805(c) of the Social Security Act.CommentsClose CommentsPermalink





(C) Such even number of members (not to exceed 8) who are Federal employees and officers, as the President may appoint.CommentsClose CommentsPermalink





Such initial appointments shall be made not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(4) TERMS- Each member of the Health Benefits Advisory Committee shall serve a 3-year term on the Committee, except that the terms of the initial members shall be adjusted in order to provide for a staggered term of appointment for all such members.CommentsClose CommentsPermalink





(5) PARTICIPATION- The membership of the Health Benefits Advisory Committee shall at least reflect providers, consumer representatives, employers, labor, health insurance issuers, experts in health care financing and delivery, experts in racial and ethnic disparities, experts in care for those with disabilities, representatives of relevant governmental agencies. and at least one practicing physician or other health professional and an expert on children’s health and shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of such Committee.CommentsClose CommentsPermalink





(b) Duties-CommentsClose CommentsPermalink





(1) RECOMMENDATIONS ON BENEFIT STANDARDS- The Health Benefits Advisory Committee shall recommend to the Secretary of Health and Human Services (in this subtitle referred to as the ‘Secretary’) benefit standards (as defined in paragraph (4)), and periodic updates to such standards. In developing such recommendations, the Committee shall take into account innovation in health care and consider how such standards could reduce health disparities.CommentsClose CommentsPermalink





(2) DEADLINE- The Health Benefits Advisory Committee shall recommend initial benefit standards to the Secretary not later than 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) PUBLIC INPUT- The Health Benefits Advisory Committee shall allow for public input as a part of developing recommendations under this subsection.CommentsClose CommentsPermalink





(4) BENEFIT STANDARDS DEFINED- In this subtitle, the term ‘benefit standards’ means standards respecting--CommentsClose CommentsPermalink





(A) the essential benefits package described in section 122, including categories of covered treatments, items and services within benefit classes, and cost-sharing; andCommentsClose CommentsPermalink





(B) the cost-sharing levels for enhanced plans and premium plans (as provided under section 203(c)) consistent with paragraph (5).CommentsClose CommentsPermalink





(5) LEVELS OF COST-SHARING FOR ENHANCED AND PREMIUM PLANS-CommentsClose CommentsPermalink





(A) ENHANCED PLAN- The level of cost-sharing for enhanced plans shall be designed so that such plans have benefits that are actuarially equivalent to approximately 85 percent of the actuarial value of the benefits provided under the reference benefits package described in section 122(c)(3)(B).CommentsClose CommentsPermalink





(B) PREMIUM PLAN- The level of cost-sharing for premium plans shall be designed so that such plans have benefits that are actuarially equivalent to approximately 95 percent of the actuarial value of the benefits provided under the reference benefits package described in section 122(c)(3)(B).CommentsClose CommentsPermalink





(c) Operations-CommentsClose CommentsPermalink





(1) PER DIEM PAY- Each member of the Health Benefits Advisory Committee shall receive travel expenses, including per diem in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall otherwise serve without additional pay.CommentsClose CommentsPermalink





(2) MEMBERS NOT TREATED AS FEDERAL EMPLOYEES- Members of the Health Benefits Advisory Committee shall not be considered employees of the Federal government solely by reason of any service on the Committee.CommentsClose CommentsPermalink





(3) APPLICATION OF FACA- The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14, shall apply to the Health Benefits Advisory Committee.CommentsClose CommentsPermalink





(d) Publication- The Secretary shall provide for publication in the Federal Register and the posting on the Internet website of the Department of Health and Human Services of all recommendations made by the Health Benefits Advisory Committee under this section.CommentsClose CommentsPermalink

SEC. 124. PROCESS FOR ADOPTION OF RECOMMENDATIONS; ADOPTION OF BENEFIT STANDARDS.

(a) Process for Adoption of Recommendations-CommentsClose CommentsPermalink





(1) REVIEW OF RECOMMENDED STANDARDS- Not later than 45 days after the date of receipt of benefit standards recommended under section 123 (including such standards as modified under paragraph (2)(B)), the Secretary shall review such standards and shall determine whether to propose adoption of such standards as a package.CommentsClose CommentsPermalink





(2) DETERMINATION TO ADOPT STANDARDS- If the Secretary determines--CommentsClose CommentsPermalink





(A) to propose adoption of benefit standards so recommended as a package, the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption such standards; orCommentsClose CommentsPermalink





(B) not to propose adoption of such standards as a package, the Secretary shall notify the Health Benefits Advisory Committee in writing of such determination and the reasons for not proposing the adoption of such recommendation and provide the Committee with a further opportunity to modify its previous recommendations and submit new recommendations to the Secretary on a timely basis.CommentsClose CommentsPermalink





(3) CONTINGENCY- If, because of the application of paragraph (2)(B), the Secretary would otherwise be unable to propose initial adoption of such recommended standards by the deadline specified in subsection (b)(1), the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption of initial benefit standards by such deadline.CommentsClose CommentsPermalink





(4) PUBLICATION- The Secretary shall provide for publication in the Federal Register of all determinations made by the Secretary under this subsection.CommentsClose CommentsPermalink





(b) Adoption of Standards-CommentsClose CommentsPermalink





(1) INITIAL STANDARDS- Not later than 18 months after the date of the enactment of this Act, the Secretary shall, through the rulemaking process consistent with subsection (a), adopt an initial set of benefit standards.CommentsClose CommentsPermalink





(2) PERIODIC UPDATING STANDARDS- Under subsection (a), the Secretary shall provide for the periodic updating of the benefit standards previously adopted under this section.CommentsClose CommentsPermalink





(3) REQUIREMENT- The Secretary may not adopt any benefit standards for an essential benefits package or for level of cost-sharing that are inconsistent with the requirements for such a package or level under sections 122 and 123(b)(5).CommentsClose CommentsPermalink

Subtitle D--Additional Consumer ProtectionsCommentsClose CommentsPermalink

SEC. 131. REQUIRING FAIR MARKETING PRACTICES BY HEALTH INSURERS.

The Commissioner shall establish uniform marketing standards that all insured QHBP offering entities shall meet.CommentsClose CommentsPermalink

SEC. 132. REQUIRING FAIR GRIEVANCE AND APPEALS MECHANISMS.

(a) In General- A QHBP offering entity shall provide for timely grievance and appeals mechanisms that the Commissioner shall establish.CommentsClose CommentsPermalink





(b) Internal Claims and Appeals Process- Under a qualified health benefits plan the QHBP offering entity shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures (including urgent claims) set forth at section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000 (65 Fed. Reg. 70246) and shall update such process in accordance with any standards that the Commissioner may establish.CommentsClose CommentsPermalink





(c) External Review Process-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner shall establish an external review process (including procedures for expedited reviews of urgent claims) that provides for an impartial, independent, and de novo review of denied claims under this division.CommentsClose CommentsPermalink





(2) REQUIRING FAIR GRIEVANCE AND APPEALS MECHANISMS- A determination made, with respect to a qualified health benefits plan offered by a QHBP offering entity, under the external review process established under this subsection shall be binding on the plan and the entity.CommentsClose CommentsPermalink





(d) Construction- Nothing in this section shall be construed as affecting the availability of judicial review under State law for adverse decisions under subsection (b) or (c), subject to section 151.CommentsClose CommentsPermalink

SEC. 133. REQUIRING INFORMATION TRANSPARENCY AND PLAN DISCLOSURE.

(a) Accurate and Timely Disclosure-CommentsClose CommentsPermalink





(1) IN GENERAL- A qualified health benefits plan shall comply with standards established by the Commissioner for the accurate and timely disclosure of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on the number of claims denials, data on rating practices, information on cost-sharing and payments with respect to any out-of-network coverage, and other information as determined appropriate by the Commissioner. The Commissioner shall require that such disclosure be provided in plain language.CommentsClose CommentsPermalink





(2) PLAIN LANGUAGE- In this subsection, the term ‘plain language’ means language that the intended audience, including individuals with limited English proficiency, can readily understand and use because that language is clean, concise, well-organized, and follows other best practices of plain language writing.CommentsClose CommentsPermalink





(3) GUIDANCE- The Commissioner shall develop and issue guidance on best practices of plain language writing.CommentsClose CommentsPermalink





(b) Contracting Reimbursement- A qualified health benefits plan shall comply with standards established by the Commissioner to ensure transparency to each health care provider relating to reimbursement arrangements between such plan and such provider.CommentsClose CommentsPermalink





(c) Advance Notice of Plan Changes- A change in a qualified health benefits plan shall not be made without such reasonable and timely advance notice to enrollees of such change.CommentsClose CommentsPermalink

SEC. 134. APPLICATION TO QUALIFIED HEALTH BENEFITS PLANS NOT OFFERED THROUGH THE HEALTH INSURANCE EXCHANGE.

The requirements of the previous provisions of this subtitle shall apply to qualified health benefits plans that are not being offered through the Health Insurance Exchange only to the extent specified by the Commissioner.CommentsClose CommentsPermalink

SEC. 135. TIMELY PAYMENT OF CLAIMS.

A QHBP offering entity shall comply with the requirements of section 1857(f) of the Social Security Act with respect to a qualified health benefits plan it offers in the same manner an Medicare Advantage organization is required to comply with such requirements with respect to a Medicare Advantage plan it offers under part C of Medicare.CommentsClose CommentsPermalink

SEC. 136. STANDARDIZED RULES FOR COORDINATION AND SUBROGATION OF BENEFITS.

The Commissioner shall establish standards for the coordination and subrogation of benefits and reimbursement of payments in cases involving individuals and multiple plan coverage.CommentsClose CommentsPermalink

SEC. 137. APPLICATION OF ADMINISTRATIVE SIMPLIFICATION.

A QHBP offering entity is required to comply with standards for electronic financial and administrative transactions under section 1173A of the Social Security Act, added by section 163(a).CommentsClose CommentsPermalink

Subtitle E--GovernanceCommentsClose CommentsPermalink

SEC. 141. HEALTH CHOICES ADMINISTRATION; HEALTH CHOICES COMMISSIONER.

(a) In General- There is hereby established, as an independent agency in the executive branch of the Government, a Health Choices Administration (in this division referred to as the ‘Administration’).CommentsClose CommentsPermalink





(b) Commissioner-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administration shall be headed by a Health Choices Commissioner (in this division referred to as the ‘Commissioner’) who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





(2) COMPENSATION; ETC- The provisions of paragraphs (2), (5), and (7) of subsection (a) (relating to compensation, terms, general powers, rulemaking, and delegation) of section 702 of the Social Security Act (42 U.S.C. 902) shall apply to the Commissioner and the Administration in the same manner as such provisions apply to the Commissioner of Social Security and the Social Security Administration.CommentsClose CommentsPermalink

SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER.

(a) Duties- The Commissioner is responsible for carrying out the following functions under this division:CommentsClose CommentsPermalink





(1) QUALIFIED PLAN STANDARDS- The establishment of qualified health benefits plan standards under this title, including the enforcement of such standards in coordination with State insurance regulators and the Secretaries of Labor and the Treasury.CommentsClose CommentsPermalink





(2) HEALTH INSURANCE EXCHANGE- The establishment and operation of a Health Insurance Exchange under subtitle A of title II.CommentsClose CommentsPermalink





(3) INDIVIDUAL AFFORDABILITY CREDITS- The administration of individual affordability credits under subtitle C of title II, including determination of eligibility for such credits.CommentsClose CommentsPermalink





(4) ADDITIONAL FUNCTIONS- Such additional functions as may be specified in this division.CommentsClose CommentsPermalink





(b) Promoting Accountability-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner shall undertake activities in accordance with this subtitle to promote accountability of QHBP offering entities in meeting Federal health insurance requirements, regardless of whether such accountability is with respect to qualified health benefits plans offered through the Health Insurance Exchange or outside of such Exchange.CommentsClose CommentsPermalink





(2) COMPLIANCE EXAMINATION AND AUDITS-CommentsClose CommentsPermalink





(A) IN GENERAL- The commissioner shall, in coordination with States, conduct audits of qualified health benefits plan compliance with Federal requirements. Such audits may include random compliance audits and targeted audits in response to complaints or other suspected non-compliance.CommentsClose CommentsPermalink





(B) RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS- The Commissioner is authorized to recoup from qualified health benefits plans reimbursement for the costs of such examinations and audit of such QHBP offering entities.CommentsClose CommentsPermalink





(c) Data Collection- The Commissioner shall collect data for purposes of carrying out the Commissioner’s duties, including for purposes of promoting quality and value, protecting consumers, and addressing disparities in health and health care and may share such data with the Secretary of Health and Human Services.CommentsClose CommentsPermalink





(d) Sanctions Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case that the Commissioner determines that a QHBP offering entity violates a requirement of this title, the Commissioner may, in coordination with State insurance regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph (2).CommentsClose CommentsPermalink





(2) REMEDIES- The remedies described in this paragraph, with respect to a qualified health benefits plan offered by a QHBP offering entity, are--CommentsClose CommentsPermalink





(A) civil money penalties of not more than the amount that would be applicable under similar circumstances for similar violations under section 1857(g) of the Social Security Act;CommentsClose CommentsPermalink





(B) suspension of enrollment of individuals under such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Commissioner is satisfied that the basis for such determination has been corrected and is not likely to recur;CommentsClose CommentsPermalink





(C) in the case of an Exchange-participating health benefits plan, suspension of payment to the entity under the Health Insurance Exchange for individuals enrolled in such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; orCommentsClose CommentsPermalink





(D) working with State insurance regulators to terminate plans for repeated failure by the offering entity to meet the requirements of this title.CommentsClose CommentsPermalink





(e) Standard Definitions of Insurance and Medical Terms- The Commissioner shall provide for the development of standards for the definitions of terms used in health insurance coverage, including insurance-related terms.CommentsClose CommentsPermalink





(f) Efficiency in Administration- The Commissioner shall issue regulations for the effective and efficient administration of the Health Insurance Exchange and affordability credits under subtitle C, including, with respect to the determination of eligibility for affordability credits, the use of personnel who are employed in accordance with the requirements of title 5, United States Code, to carry out the duties of the Commissioner or, in the case of sections 208 and 241(b)(2), the use of State personnel who are employed in accordance with standards prescribed by the Office of Personnel Management pursuant to section 208 of the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728).CommentsClose CommentsPermalink

SEC. 143. CONSULTATION AND COORDINATION.

(a) Consultation- In carrying out the Commissioner’s duties under this division, the Commissioner, as appropriate, shall consult with at least with the following:CommentsClose CommentsPermalink





(1) The National Association of Insurance Commissioners, State attorneys general, and State insurance regulators, including concerning the standards for insured qualified health benefits plans under this title and enforcement of such standards.CommentsClose CommentsPermalink





(2) Appropriate State agencies, specifically concerning the administration of individual affordability credits under subtitle C of title II and the offering of Exchange-participating health benefits plans, to Medicaid eligible individuals under subtitle A of such title.CommentsClose CommentsPermalink





(3) Other appropriate Federal agencies.CommentsClose CommentsPermalink





(4) Indian tribes and tribal organizations.CommentsClose CommentsPermalink





(5) The National Association of Insurance Commissioners for purposes of using model guidelines established by such association for purposes of subtitles B and D.CommentsClose CommentsPermalink





(b) Coordination-CommentsClose CommentsPermalink





(1) IN GENERAL- In carrying out the functions of the Commissioner, including with respect to the enforcement of the provisions of this division, the Commissioner shall work in coordination with existing Federal and State entities to the maximum extent feasible consistent with this division and in a manner that prevents conflicts of interest in duties and ensures effective enforcement.CommentsClose CommentsPermalink





(2) UNIFORM STANDARDS- The Commissioner, in coordination with such entities, shall seek to achieve uniform standards that adequately protect consumers in a manner that does not unreasonably affect employers and insurers.CommentsClose CommentsPermalink

SEC. 144. HEALTH INSURANCE OMBUDSMAN.

(a) In General- The Commissioner shall appoint within the Health Choices Administration a Qualified Health Benefits Plan Ombudsman who shall have expertise and experience in the fields of health care and education of (and assistance to) individuals.CommentsClose CommentsPermalink





(b) Duties- The Qualified Health Benefits Plan Ombudsman shall, in a linguistically appropriate manner--CommentsClose CommentsPermalink





(1) receive complaints, grievances, and requests for information submitted by individuals;CommentsClose CommentsPermalink





(2) provide assistance with respect to complaints, grievances, and requests referred to in paragraph (1), including--CommentsClose CommentsPermalink





(A) helping individuals determine the relevant information needed to seek an appeal of a decision or determination;CommentsClose CommentsPermalink





(B) assistance to such individuals with any problems arising from disenrollment from such a plan;CommentsClose CommentsPermalink





(C) assistance to such individuals in choosing a qualified health benefits plan in which to enroll; andCommentsClose CommentsPermalink





(D) assistance to such individuals in presenting information under subtitle C (relating to affordability credits); andCommentsClose CommentsPermalink





(3) submit annual reports to Congress and the Commissioner that describe the activities of the Ombudsman and that include such recommendations for improvement in the administration of this division as the Ombudsman determines appropriate. The Ombudsman shall not serve as an advocate for any increases in payments or new coverage of services, but may identify issues and problems in payment or coverage policies.CommentsClose CommentsPermalink

Subtitle F--Relation to Other Requirements; MiscellaneousCommentsClose CommentsPermalink

SEC. 151. RELATION TO OTHER REQUIREMENTS.

(a) Coverage Not Offered Through Exchange-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case of health insurance coverage not offered through the Health Insurance Exchange (whether or not offered in connection with an employment-based health plan), and in the case of employment-based health plans, the requirements of this title do not supercede any requirements applicable under titles XXII and XXVII of the Public Health Service Act, parts 6 and 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or State law, except insofar as such requirements prevent the application of a requirement of this division, as determined by the Commissioner.CommentsClose CommentsPermalink





(2) CONSTRUCTION- Nothing in paragraph (1) shall be construed as affecting the application of section 514 of the Employee Retirement Income Security Act of 1974.CommentsClose CommentsPermalink





(b) Coverage Offered Through Exchange-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case of health insurance coverage offered through the Health Insurance Exchange--CommentsClose CommentsPermalink





(A) the requirements of this title do not supercede any requirements (including requirements relating to genetic information nondiscrimination and mental health) applicable under title XXVII of the Public Health Service Act or under State law, except insofar as such requirements prevent the application of a requirement of this division, as determined by the Commissioner; andCommentsClose CommentsPermalink





(B) individual rights and remedies under State laws shall apply.CommentsClose CommentsPermalink





(2) CONSTRUCTION- In the case of coverage described in paragraph (1), nothing in such paragraph shall be construed as preventing the application of rights and remedies under State laws with respect to any requirement referred to in paragraph (1)(A).CommentsClose CommentsPermalink

SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE.

(a) In General- Except as otherwise explicitly permitted by this Act and by subsequent regulations consistent with this Act, all health care and related services (including insurance coverage and public health activities) covered by this Act shall be provided without regard to personal characteristics extraneous to the provision of high quality health care or related services.CommentsClose CommentsPermalink





(b) Implementation- To implement the requirement set forth in subsection (a), the Secretary of Health and Human Services shall, not later than 18 months after the date of the enactment of this Act, promulgate such regulations as are necessary or appropriate to insure that all health care and related services (including insurance coverage and public health activities) covered by this Act are provided (whether directly or through contractual, licensing, or other arrangements) without regard to personal characteristics extraneous to the provision of high quality health care or related services.CommentsClose CommentsPermalink

SEC. 153. WHISTLEBLOWER PROTECTION.

(a) Retaliation Prohibited- No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or other privileges of employment because the employee (or any person acting pursuant to a request of the employee)--CommentsClose CommentsPermalink





(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this Act or any order, rule, or regulation promulgated under this Act;CommentsClose CommentsPermalink





(2) testified or is about to testify in a proceeding concerning such violation;CommentsClose CommentsPermalink





(3) assisted or participated or is about to assist or participate in such a proceeding; orCommentsClose CommentsPermalink





(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this Act or any order, rule, or regulation promulgated under this Act.CommentsClose CommentsPermalink





(b) Enforcement Action- An employee covered by this section who alleges discrimination by an employer in violation of subsection (a) may bring an action governed by the rules, procedures, legal burdens of proof, and remedies set forth in section 40(b) of the Consumer Product Safety Act (15 U.S.C. 2087(b)).CommentsClose CommentsPermalink





(c) Employer Defined- As used in this section, the term ‘employer’ means any person (including one or more individuals, partnerships, associations, corporations, trusts, professional membership organization including a certification, disciplinary, or other professional body, unincorporated organizations, nongovernmental organizations, or trustees) engaged in profit or nonprofit business or industry whose activities are governed by this Act, and any agent, contractor, subcontractor, grantee, or consultant of such person.CommentsClose CommentsPermalink





(d) Rule of Construction- The rule of construction set forth in section 20109(h) of title 49, United States Code, shall also apply to this section.CommentsClose CommentsPermalink

SEC. 154. CONSTRUCTION REGARDING COLLECTIVE BARGAINING.

Nothing in this division shall be construed to alter of supercede any statutory or other obligation to engage in collective bargaining over the terms and conditions of employment related to health care.CommentsClose CommentsPermalink

SEC. 155. SEVERABILITY.

If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the application of the provision to any other person or circumstance shall not be affected.CommentsClose CommentsPermalink

Subtitle G--Early InvestmentsCommentsClose CommentsPermalink

SEC. 161. ENSURING VALUE AND LOWER PREMIUMS.

(a) Group Health Insurance Coverage- Title XXVII of the Public Health Service Act is amended by inserting after section 2713 the following new section:CommentsClose CommentsPermalink

‘SEC. 2714. ENSURING VALUE AND LOWER PREMIUMS.

‘(a) In General- Each health insurance issuer that offers health insurance coverage in the small or large group market shall provide that for any plan year in which the coverage has a medical loss ratio below a level specified by the Secretary, the issuer shall provide in a manner specified by the Secretary for rebates to enrollees of payment sufficient to meet such loss ratio. Such methodology shall be set at the highest level medical loss ratio possible that is designed to ensure adequate participation by issuers, competition in the health insurance market, and value for consumers so that their premiums are used for services.CommentsClose CommentsPermalink





‘(b) Uniform Definitions- The Secretary shall establish a uniform definition of medical loss ratio and methodology for determining how to calculate the medical loss ratio. Such methodology shall be designed to take into account the special circumstances of smaller plans, different types of plans, and newer plans.’.CommentsClose CommentsPermalink





(b) Individual Health Insurance Coverage- Such title is further amended by inserting after section 2753 the following new section:CommentsClose CommentsPermalink

‘SEC. 2754. ENSURING VALUE AND LOWER PREMIUMS.

‘The provisions of section 2714 shall apply to health insurance coverage offered in the individual market in the same manner as such provisions apply to health insurance coverage offered in the small or large group market.’.CommentsClose CommentsPermalink





(c) Immediate Implementation- The amendments made by this section shall apply in the group and individual market for plan years beginning on or after January 1, 2011.CommentsClose CommentsPermalink

SEC. 162. ENDING HEALTH INSURANCE RESCISSION ABUSE.

(a) Clarification Regarding Application of Guaranteed Renewability of Individual Health Insurance Coverage- Section 2742 of the Public Health Service Act (42 U.S.C. 300gg-42) is amended--CommentsClose CommentsPermalink





(1) in its heading, by inserting ‘and continuation in force, including prohibition of rescission,’ after ‘guaranteed renewability’; andCommentsClose CommentsPermalink





(2) in subsection (a), by inserting ‘, including without rescission,’ after ‘continue in force’.CommentsClose CommentsPermalink





(b) Secretarial Guidance Regarding Rescissions- Section 2742 of such Act (42 U.S.C. 300gg-42) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Rescission- A health insurance issuer may rescind health insurance coverage only upon clear and convincing evidence of fraud described in subsection (b)(2). The Secretary, no later than July 1, 2010, shall issue guidance implementing this requirement, including procedures for independent, external third party review.’.CommentsClose CommentsPermalink





(c) Opportunity for Independent, External Third Party Review in Certain Cases- Subpart 1 of part B of title XXVII of such Act (42 U.S.C. 300gg-41 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 2746. OPPORTUNITY FOR INDEPENDENT, EXTERNAL THIRD PARTY REVIEW IN CASES OF RESCISSION.

‘(a) Notice and Review Right- If a health insurance issuer determines to rescind health insurance coverage for an individual in the individual market, before such rescission may take effect the issuer shall provide the individual with notice of such proposed rescission and an opportunity for a review of such determination by an independent, external third party under procedures specified by the Secretary under section 2742(f).CommentsClose CommentsPermalink





‘(b) Independent Determination- If the individual requests such review by an independent, external third party of a rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be rescinded under the guidance issued by the Secretary under section 2742(f).’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply on and after October 1, 2010, with respect to health insurance coverage issued before, on, or after such date.CommentsClose CommentsPermalink

SEC. 163. ADMINISTRATIVE SIMPLIFICATION.

(a) Standardizing Electronic Administrative Transactions-CommentsClose CommentsPermalink





(1) IN GENERAL- Part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.) is amended by inserting after section 1173 the following new section:CommentsClose CommentsPermalink

‘SEC. 1173A. STANDARDIZE ELECTRONIC ADMINISTRATIVE TRANSACTIONS.

‘(a) Standards for Financial and Administrative Transactions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall adopt and regularly update standards consistent with the goals described in paragraph (2).CommentsClose CommentsPermalink





‘(2) GOALS FOR FINANCIAL AND ADMINISTRATIVE TRANSACTIONS- The goals for standards under paragraph (1) are that such standards shall--CommentsClose CommentsPermalink





‘(A) be unique with no conflicting or redundant standards;CommentsClose CommentsPermalink





‘(B) be authoritative, permitting no additions or constraints for electronic transactions, including companion guides;CommentsClose CommentsPermalink





‘(C) be comprehensive, efficient and robust, requiring minimal augmentation by paper transactions or clarification by further communications;CommentsClose CommentsPermalink





‘(D) enable the real-time (or near real-time) determination of an individual’s financial responsibility at the point of service and, to the extent possible, prior to service, including whether the individual is eligible for a specific service with a specific physician at a specific facility, which may include utilization of a machine-readable health plan beneficiary identification card;CommentsClose CommentsPermalink





‘(E) enable, where feasible, near real-time adjudication of claims;CommentsClose CommentsPermalink





‘(F) provide for timely acknowledgment, response, and status reporting applicable to any electronic transaction deemed appropriate by the Secretary;CommentsClose CommentsPermalink





‘(G) describe all data elements (such as reason and remark codes) in unambiguous terms, not permit optional fields, require that data elements be either required or conditioned upon set values in other fields, and prohibit additional conditions; andCommentsClose CommentsPermalink





‘(H) harmonize all common data elements across administrative and clinical transaction standards.CommentsClose CommentsPermalink





‘(3) TIME FOR ADOPTION- Not later than 2 years after the date of implementation of the X12 Version 5010 transaction standards implemented under this part, the Secretary shall adopt standards under this section.CommentsClose CommentsPermalink





‘(4) REQUIREMENTS FOR SPECIFIC STANDARDS- The standards under this section shall be developed, adopted and enforced so as to--CommentsClose CommentsPermalink





‘(A) clarify, refine, complete, and expand, as needed, the standards required under section 1173;CommentsClose CommentsPermalink





‘(B) require paper versions of standardized transactions to comply with the same standards as to data content such that a fully compliant, equivalent electronic transaction can be populated from the data from a paper version;CommentsClose CommentsPermalink





‘(C) enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;CommentsClose CommentsPermalink





‘(D) require timely and transparent claim and denial management processes, including tracking, adjudication, and appeal processing;CommentsClose CommentsPermalink





‘(E) require the use of a standard electronic transaction with which health care providers may quickly and efficiently enroll with a health plan to conduct the other electronic transactions provided for in this part; andCommentsClose CommentsPermalink





‘(F) provide for other requirements relating to administrative simplification as identified by the Secretary, in consultation with stakeholders.CommentsClose CommentsPermalink





‘(5) BUILDING ON EXISTING STANDARDS- In developing the standards under this section, the Secretary shall build upon existing and planned standards.CommentsClose CommentsPermalink





‘(6) IMPLEMENTATION AND ENFORCEMENT- Not later than 6 months after the date of the enactment of this section, the Secretary shall submit to the appropriate committees of Congress a plan for the implementation and enforcement, by not later than 5 years after such date of enactment, of the standards under this section. Such plan shall include--CommentsClose CommentsPermalink





‘(A) a process and timeframe with milestones for developing the complete set of standards;CommentsClose CommentsPermalink





‘(B) an expedited upgrade program for continually developing and approving additions and modifications to the standards as often as annually to improve their quality and extend their functionality to meet evolving requirements in health care;CommentsClose CommentsPermalink





‘(C) programs to provide incentives for, and ease the burden of, implementation for certain health care providers, with special consideration given to such providers serving rural or underserved areas and ensure coordination with standards, implementation specifications, and certification criteria being adopted under the HITECH Act;CommentsClose CommentsPermalink





‘(D) programs to provide incentives for, and ease the burden of, health care providers who volunteer to participate in the process of setting standards for electronic transactions;CommentsClose CommentsPermalink





‘(E) an estimate of total funds needed to ensure timely completion of the implementation plan; andCommentsClose CommentsPermalink





‘(F) an enforcement process that includes timely investigation of complaints, random audits to ensure compliance, civil monetary and programmatic penalties for non-compliance consistent with existing laws and regulations, and a fair and reasonable appeals process building off of enforcement provisions under this part.CommentsClose CommentsPermalink





‘(b) Limitations on Use of Data- Nothing in this section shall be construed to permit the use of information collected under this section in a manner that would adversely affect any individual.CommentsClose CommentsPermalink





‘(c) Protection of Data- The Secretary shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) are--CommentsClose CommentsPermalink





‘(1) used and disclosed in a manner that meets the HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act), including any privacy or security standard adopted under section 3004 of such Act; andCommentsClose CommentsPermalink





‘(2) protected from all inappropriate internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from other inappropriate uses, as defined by the Secretary.’.CommentsClose CommentsPermalink





(2) DEFINITIONS- Section 1171 of such Act (42 U.S.C. 1320d) is amended--CommentsClose CommentsPermalink





(A) in paragraph (7), by striking ‘with reference to’ and all that follows and inserting ‘with reference to a transaction or data element of health information in section 1173 means implementation specifications, certification criteria, operating rules, messaging formats, codes, and code sets adopted or established by the Secretary for the electronic exchange and use of information’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(9) OPERATING RULES- The term ‘operating rules’ means business rules for using and processing transactions. Operating rules should address the following:CommentsClose CommentsPermalink





‘(A) Requirements for data content using available and established national standards.CommentsClose CommentsPermalink





‘(B) Infrastructure requirements that establish best practices for streamlining data flow to yield timely execution of transactions.CommentsClose CommentsPermalink





‘(C) Policies defining the transaction related rights and responsibilities for entities that are transmitting or receiving data.’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT- Section 1179(a) of such Act (42 U.S.C. 1320d-8(a)) is amended, in the matter before paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting ‘on behalf of an individual’ after ‘1978)’; andCommentsClose CommentsPermalink





(B) by inserting ‘on behalf of an individual’ after ‘for a financial institution.’CommentsClose CommentsPermalink





(b) Standards for Claims Attachments and Coordination of Benefits -CommentsClose CommentsPermalink





(1) STANDARD FOR HEALTH CLAIMS ATTACHMENTS- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule to establish a standard for health claims attachment transaction described in section 1173(a)(2)(B) of the Social Security Act (42 U.S.C. 1320d-2(a)(2)(B)) and coordination of benefits.CommentsClose CommentsPermalink





(2) REVISION IN PROCESSING PAYMENT TRANSACTIONS BY FINANCIAL INSTITUTIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 1179 of the Social Security Act (42 U.S.C. 1320d-8) is amended, in the matter before paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘or is engaged’ and inserting ‘and is engaged’; andCommentsClose CommentsPermalink





(ii) by inserting ‘(other than as a business associate for a covered entity)’ after ‘for a financial institution’.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to transactions occurring on or after such date (not later than 6 months after the date of the enactment of this Act) as the Secretary of Health and Human Services shall specify.CommentsClose CommentsPermalink

SEC. 164. REINSURANCE PROGRAM FOR RETIREES.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a temporary reinsurance program (in this section referred to as the ‘reinsurance program’) to provide reimbursement to assist participating employment-based plans with the cost of providing health benefits to retirees and to eligible spouses, surviving spouses and dependents of such retirees.CommentsClose CommentsPermalink





(2) DEFINITIONS- For purposes of this section:CommentsClose CommentsPermalink





(A) The term ‘eligible employment-based plan’ means a group health benefits plan that--CommentsClose CommentsPermalink





(i) is maintained by one or more employers, former employers or employee associations, or a voluntary employees’ beneficiary association, or a committee or board of individuals appointed to administer such plan, andCommentsClose CommentsPermalink





(ii) provides health benefits to retirees.CommentsClose CommentsPermalink





(B) The term ‘health benefits’ means medical, surgical, hospital, prescription drug, and such other benefits as shall be determined by the Secretary, whether self-funded or delivered through the purchase of insurance or otherwise.CommentsClose CommentsPermalink





(C) The term ‘participating employment-based plan’ means an eligible employment-based plan that is participating in the reinsurance program.CommentsClose CommentsPermalink





(D) The term ‘retiree’ means, with respect to a participating employment-benefit plan, an individual who--CommentsClose CommentsPermalink





(i) is 55 years of age or older;CommentsClose CommentsPermalink





(ii) is not eligible for coverage under title XVIII of the Social Security Act; andCommentsClose CommentsPermalink





(iii) is not an active employee of an employer maintaining the plan or of any employer that makes or has made substantial contributions to fund such plan.CommentsClose CommentsPermalink





(E) The term ‘Secretary’ means Secretary of Health and Human Services.CommentsClose CommentsPermalink





(b) Participation- To be eligible to participate in the reinsurance program, an eligible employment-based plan shall submit to the Secretary an application for participation in the program, at such time, in such manner, and containing such information as the Secretary shall require.CommentsClose CommentsPermalink





(c) Payment-CommentsClose CommentsPermalink





(1) SUBMISSION OF CLAIMS-CommentsClose CommentsPermalink





(A) IN GENERAL- Under the reinsurance program, a participating employment-based plan shall submit claims for reimbursement to the Secretary which shall contain documentation of the actual costs of the items and services for which each claim is being submitted.CommentsClose CommentsPermalink





(B) BASIS FOR CLAIMS- Each claim submitted under subparagraph (A) shall be based on the actual amount expended by the participating employment-based plan involved within the plan year for the appropriate employment based health benefits provided to a retiree or to the spouse, surviving spouse, or dependent of a retiree. In determining the amount of any claim for purposes of this subsection, the participating employment-based plan shall take into account any negotiated price concessions (such as discounts, direct or indirect subsidies, rebates, and direct or indirect remunerations) obtained by such plan with respect to such health benefits. For purposes of calculating the amount of any claim, the costs paid by the retiree or by the spouse, surviving spouse, or dependent of the retiree in the form of deductibles, co-payments, and co-insurance shall be included along with the amounts paid by the participating employment-based plan.CommentsClose CommentsPermalink





(2) PROGRAM PAYMENTS AND LIMIT- If the Secretary determines that a participating employment-based plan has submitted a valid claim under paragraph (1), the Secretary shall reimburse such plan for 80 percent of that portion of the costs attributable to such claim that exceeds $15,000, but is less than $90,000. Such amounts shall be adjusted each year based on the percentage increase in the medical care component of the Consumer Price Index (rounded to the nearest multiple of $1,000) for the year involved.CommentsClose CommentsPermalink





(3) USE OF PAYMENTS- Amounts paid to a participating employment-based plan under this subsection shall be used to lower the costs borne directly by the participants and beneficiaries for health benefits provided under such plan in the form of premiums, co-payments, deductibles, co-insurance, or other out-of-pocket costs. Such payments shall not be used to reduce the costs of an employer maintaining the participating employment-based plan. The Secretary shall develop a mechanism to monitor the appropriate use of such payments by such plans.CommentsClose CommentsPermalink





(4) APPEALS AND PROGRAM PROTECTIONS- The Secretary shall establish--CommentsClose CommentsPermalink





(A) an appeals process to permit participating employment-based plans to appeal a determination of the Secretary with respect to claims submitted under this section; andCommentsClose CommentsPermalink





(B) procedures to protect against fraud, waste, and abuse under the program.CommentsClose CommentsPermalink





(5) AUDITS- The Secretary shall conduct annual audits of claims data submitted by participating employment-based plans under this section to ensure that they are in compliance with the requirements of this section.CommentsClose CommentsPermalink





(d) Retiree Reserve Trust Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- There is established in the Treasury of the United States a trust fund to be known as the ‘Retiree Reserve Trust Fund’ (referred to in this section as the ‘Trust Fund’), that shall consist of such amounts as may be appropriated or credited to the Trust Fund as provided for in this subsection to enable the Secretary to carry out the reinsurance program. Such amounts shall remain available until expended.CommentsClose CommentsPermalink





(B) FUNDING- There are hereby appropriated to the Trust Fund, out of any moneys in the Treasury not otherwise appropriated, an amount requested by the Secretary as necessary to carry out this section, except that the total of all such amounts requested shall not exceed $10,000,000,000.CommentsClose CommentsPermalink





(C) APPROPRIATIONS FROM THE TRUST FUND-CommentsClose CommentsPermalink





(i) IN GENERAL- Amounts in the Trust Fund are appropriated to provide funding to carry out the reinsurance program and shall be used to carry out such program.CommentsClose CommentsPermalink





(ii) BUDGETARY IMPLICATIONS- Amounts appropriated under clause (i), and outlays flowing from such appropriations, shall not be taken into account for purposes of any budget enforcement procedures including allocations under section 302(a) and (b) of the Balanced Budget and Emergency Deficit Control Act and budget resolutions for fiscal years during which appropriations are made from the Trust Fund.CommentsClose CommentsPermalink





(iii) LIMITATION TO AVAILABLE FUNDS- The Secretary has the authority to stop taking applications for participation in the program or take such other steps in reducing expenditures under the reinsurance program in order to ensure that expenditures under the reinsurance program do not exceed the funds available under this subsection.CommentsClose CommentsPermalink

TITLE II--HEALTH INSURANCE EXCHANGE AND RELATED PROVISIONSCommentsClose CommentsPermalink

Subtitle A--Health Insurance ExchangeCommentsClose CommentsPermalink

SEC. 201. ESTABLISHMENT OF HEALTH INSURANCE EXCHANGE; OUTLINE OF DUTIES; DEFINITIONS.

(a) Establishment- There is established within the Health Choices Administration and under the direction of the Commissioner a Health Insurance Exchange in order to facilitate access of individuals and employers, through a transparent process, to a variety of choices of affordable, quality health insurance coverage, including a public health insurance option.CommentsClose CommentsPermalink





(b) Outline of Duties of Commissioner- In accordance with this subtitle and in coordination with appropriate Federal and State officials as provided under section 143(b), the Commissioner shall--CommentsClose CommentsPermalink





(1) under section 204 establish standards for, accept bids from, and negotiate and enter into contracts with, QHBP offering entities for the offering of health benefits plans through the Health Insurance Exchange, with different levels of benefits required under section 203, and including with respect to oversight and enforcement;CommentsClose CommentsPermalink





(2) under section 205 facilitate outreach and enrollment in such plans of Exchange-eligible individuals and employers described in section 202; andCommentsClose CommentsPermalink





(3) conduct such activities related to the Health Insurance Exchange as required, including establishment of a risk pooling mechanism under section 206 and consumer protections under subtitle D of title I.CommentsClose CommentsPermalink





(c) Exchange-participating Health Benefits Plan Defined- In this division, the term ‘Exchange-participating health benefits plan’ means a qualified health benefits plan that is offered through the Health Insurance Exchange.CommentsClose CommentsPermalink

SEC. 202. EXCHANGE-ELIGIBLE INDIVIDUALS AND EMPLOYERS.

(a) Access to Coverage- In accordance with this section, all individuals are eligible to obtain coverage through enrollment in an Exchange-participating health benefits plan offered through the Health Insurance Exchange unless such individuals are enrolled in another qualified health benefits plan or other acceptable coverage.CommentsClose CommentsPermalink





(b) Definitions- In this division:CommentsClose CommentsPermalink





(1) EXCHANGE-ELIGIBLE INDIVIDUAL- The term ‘Exchange-eligible individual’ means an individual who is eligible under this section to be enrolled through the Health Insurance Exchange in an Exchange-participating health benefits plan and, with respect to family coverage, includes dependents of such individual.CommentsClose CommentsPermalink





(2) EXCHANGE-ELIGIBLE EMPLOYER- The term ‘Exchange-eligible employer’ means an employer that is eligible under this section to enroll through the Health Insurance Exchange employees of the employer (and their dependents) in Exchange-eligible health benefits plans.CommentsClose CommentsPermalink





(3) EMPLOYMENT-RELATED DEFINITIONS- The terms ‘employer’, ‘employee’, ‘full-time employee’, and ‘part-time employee’ have the meanings given such terms by the Commissioner for purposes of this division.CommentsClose CommentsPermalink





(c) Transition- Individuals and employers shall only be eligible to enroll or participate in the Health Insurance Exchange in accordance with the following transition schedule:CommentsClose CommentsPermalink





(1) FIRST YEAR- In Y1 (as defined in section 100(c))--CommentsClose CommentsPermalink





(A) individuals described in subsection (d)(1), including individuals described in paragraphs (3) and (4) of subsection (d); andCommentsClose CommentsPermalink





(B) smallest employers described in subsection (e)(1).CommentsClose CommentsPermalink





(2) SECOND YEAR- In Y2--CommentsClose CommentsPermalink





(A) individuals and employers described in paragraph (1); andCommentsClose CommentsPermalink





(B) smaller employers described in subsection (e)(2).CommentsClose CommentsPermalink





(3) THIRD AND SUBSEQUENT YEARS- In Y3 and subsequent years--CommentsClose CommentsPermalink





(A) individuals and employers described in paragraph (2); andCommentsClose CommentsPermalink





(B) larger employers as permitted by the Commissioner under subsection (e)(3).CommentsClose CommentsPermalink





(d) Individuals-CommentsClose CommentsPermalink





(1) INDIVIDUAL DESCRIBED- Subject to the succeeding provisions of this subsection, an individual described in this paragraph is an individual who--CommentsClose CommentsPermalink





(A) is not enrolled in coverage described in subparagraphs (C) through (F) of paragraph (2); andCommentsClose CommentsPermalink





(B) is not enrolled in coverage as a full-time employee (or as a dependent of such an employee) under a group health plan if the coverage and an employer contribution under the plan meet the requirements of section 312.CommentsClose CommentsPermalink





For purposes of subparagraph (B), in the case of an individual who is self-employed, who has at least 1 employee, and who meets the requirements of section 312, such individual shall be deemed a full-time employee described in such subparagraph.CommentsClose CommentsPermalink





(2) ACCEPTABLE COVERAGE- For purposes of this division, the term ‘acceptable coverage’ means any of the following:CommentsClose CommentsPermalink





(A) QUALIFIED HEALTH BENEFITS PLAN COVERAGE- Coverage under a qualified health benefits plan.CommentsClose CommentsPermalink





(B) GRANDFATHERED HEALTH INSURANCE COVERAGE; COVERAGE UNDER CURRENT GROUP HEALTH PLAN- Coverage under a grandfathered health insurance coverage (as defined in subsection (a) of section 102) or under a current group health plan (described in subsection (b) of such section).CommentsClose CommentsPermalink





(C) MEDICARE- Coverage under part A of title XVIII of the Social Security Act.CommentsClose CommentsPermalink





(D) MEDICAID- Coverage for medical assistance under title XIX of the Social Security Act, excluding such coverage that is only available because of the application of subsection (u), (z), or (aa) of section 1902 of such Act.CommentsClose CommentsPermalink





(E) MEMBERS OF THE ARMED FORCES AND DEPENDENTS (INCLUDING TRICARE)- Coverage under chapter 55 of title 10, United States Code, including similar coverage furnished under section 1781 of title 38 of such Code.CommentsClose CommentsPermalink





(F) VA- Coverage under the veteran’s health care program under chapter 17 of title 38, United States Code, but only if the coverage for the individual involved is determined by the Commissioner in coordination with the Secretary of Treasury to be not less than a level specified by the Commissioner and Secretary of Veteran’s Affairs, in coordination with the Secretary of Treasury, based on the individual’s priority for services as provided under section 1705(a) of such title.CommentsClose CommentsPermalink





(G) OTHER COVERAGE- Such other health benefits coverage, such as a State health benefits risk pool, as the Commissioner, in coordination with the Secretary of the Treasury, recognizes for purposes of this paragraph.CommentsClose CommentsPermalink





The Commissioner shall make determinations under this paragraph in coordination with the Secretary of the Treasury.CommentsClose CommentsPermalink





(3) TREATMENT OF CERTAIN NON-TRADITIONAL MEDICAID ELIGIBLE INDIVIDUALS- An individual who is a non-traditional Medicaid eligible individual (as defined in section 205(e)(4)(C)) in a State may be an Exchange-eligible individual if the individual was enrolled in a qualified health benefits plan, grandfathered health insurance coverage, or current group health plan during the 6 months before the individual became a non-traditional Medicaid eligible individual. During the period in which such an individual has chosen to enroll in an Exchange-participating health benefits plan, the individual is not also eligible for medical assistance under Medicaid.CommentsClose CommentsPermalink





(4) CONTINUING ELIGIBILITY PERMITTED-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), once an individual qualifies as an Exchange-eligible individual under this subsection (including as an employee or dependent of an employee of an Exchange-eligible employer) and enrolls under an Exchange-participating health benefits plan through the Health Insurance Exchange, the individual shall continue to be treated as an Exchange-eligible individual until the individual is no longer enrolled with an Exchange-participating health benefits plan.CommentsClose CommentsPermalink





(B) EXCEPTIONS-CommentsClose CommentsPermalink





(i) IN GENERAL- Subparagraph (A) shall not apply to an individual once the individual becomes eligible for coverage--CommentsClose CommentsPermalink





(I) under part A of the Medicare program;CommentsClose CommentsPermalink





(II) under the Medicaid program as a Medicaid eligible individual, except as permitted under paragraph (3) or clause (ii); orCommentsClose CommentsPermalink





(III) in such other circumstances as the Commissioner may provide.CommentsClose CommentsPermalink





(ii) TRANSITION PERIOD- In the case described in clause (i)(II), the Commissioner shall permit the individual to continue treatment under subparagraph (A) until such limited time as the Commissioner determines it is administratively feasible, consistent with minimizing disruption in the individual’s access to health care.CommentsClose CommentsPermalink





(e) Employers-CommentsClose CommentsPermalink





(1) SMALLEST EMPLOYER- Subject to paragraph (4), smallest employers described in this paragraph are employers with 10 or fewer employees.CommentsClose CommentsPermalink





(2) SMALLER EMPLOYERS- Subject to paragraph (4), smaller employers described in this paragraph are employers that are not smallest employers described in paragraph (1) and have 20 or fewer employees.CommentsClose CommentsPermalink





(3) LARGER EMPLOYERS-CommentsClose CommentsPermalink





(A) IN GENERAL- Beginning with Y3, the Commissioner may permit employers not described in paragraph (1) or (2) to be Exchange-eligible employers.CommentsClose CommentsPermalink





(B) PHASE-IN- In applying subparagraph (A), the Commissioner may phase-in the application of such subparagraph based on the number of full-time employees of an employer and such other considerations as the Commissioner deems appropriate.CommentsClose CommentsPermalink





(4) CONTINUING ELIGIBILITY- Once an employer is permitted to be an Exchange-eligible employer under this subsection and enrolls employees through the Health Insurance Exchange, the employer shall continue to be treated as an Exchange-eligible employer for each subsequent plan year regardless of the number of employees involved unless and until the employer meets the requirement of section 311(a) through paragraph (1) of such section by offering a group health plan and not through offering Exchange-participating health benefits plan.CommentsClose CommentsPermalink





(5) EMPLOYER PARTICIPATION AND CONTRIBUTIONS-CommentsClose CommentsPermalink





(A) SATISFACTION OF EMPLOYER RESPONSIBILITY- For any year in which an employer is an Exchange-eligible employer, such employer may meet the requirements of section 312 with respect to employees of such employer by offering such employees the option of enrolling with Exchange-participating health benefits plans through the Health Insurance Exchange consistent with the provisions of subtitle B of title III.CommentsClose CommentsPermalink





(B) EMPLOYEE CHOICE- Any employee offered Exchange-participating health benefits plans by the employer of such employee under subparagraph (A) may choose coverage under any such plan. That choice includes, with respect to family coverage, coverage of the dependents of such employee.CommentsClose CommentsPermalink





(6) AFFILIATED GROUPS- Any employer which is part of a group of employers who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated, for purposes of this subtitle, as a single employer.CommentsClose CommentsPermalink





(7) OTHER COUNTING RULES- The Commissioner shall establish rules relating to how employees are counted for purposes of carrying out this subsection.CommentsClose CommentsPermalink





(f) Special Situation Authority- The Commissioner shall have the authority to establish such rules as may be necessary to deal with special situations with regard to uninsured individuals and employers participating as Exchange-eligible individuals and employers, such as transition periods for individuals and employers who gain, or lose, Exchange-eligible participation status, and to establish grace periods for premium payment.CommentsClose CommentsPermalink





(g) Surveys of Individuals and Employers- The Commissioner shall provide for periodic surveys of Exchange-eligible individuals and employers concerning satisfaction of such individuals and employers with the Health Insurance Exchange and Exchange-participating health benefits plans.CommentsClose CommentsPermalink





(h) Exchange Access Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner shall conduct a study of access to the Health Insurance Exchange for individuals and for employers, including individuals and employers who are not eligible and enrolled in Exchange-participating health benefits plans. The goal of the study is to determine if there are significant groups and types of individuals and employers who are not Exchange eligible individuals or employers, but who would have improved benefits and affordability if made eligible for coverage in the Exchange.CommentsClose CommentsPermalink





(2) ITEMS INCLUDED IN STUDY- Such study also shall examine--CommentsClose CommentsPermalink





(A) the terms, conditions, and affordability of group health coverage offered by employers and QHBP offering entities outside of the Exchange compared to Exchange-participating health benefits plans; andCommentsClose CommentsPermalink





(B) the affordability-test standard for access of certain employed individuals to coverage in the Health Insurance Exchange.CommentsClose CommentsPermalink





(3) REPORT- Not later than January 1 of Y3, in Y6, and thereafter, the Commissioner shall submit to Congress on the study conducted under this subsection and shall include in such report recommendations regarding changes in standards for Exchange eligibility for for individuals and employers.CommentsClose CommentsPermalink

SEC. 203. BENEFITS PACKAGE LEVELS.

(a) In General- The Commissioner shall specify the benefits to be made available under Exchange-participating health benefits plans during each plan year, consistent with subtitle C of title I and this section.CommentsClose CommentsPermalink





(b) Limitation on Health Benefits Plans Offered by Offering Entities- The Commissioner may not enter into a contract with a QHBP offering entity under section 204(c) for the offering of an Exchange-participating health benefits plan in a service area unless the following requirements are met:CommentsClose CommentsPermalink





(1) REQUIRED OFFERING OF BASIC PLAN- The entity offers only one basic plan for such service area.CommentsClose CommentsPermalink





(2) OPTIONAL OFFERING OF ENHANCED PLAN- If and only if the entity offers a basic plan for such service area, the entity may offer one enhanced plan for such area.CommentsClose CommentsPermalink





(3) OPTIONAL OFFERING OF PREMIUM PLAN- If and only if the entity offers an enhanced plan for such service area, the entity may offer one premium plan for such area.CommentsClose CommentsPermalink





(4) OPTIONAL OFFERING OF PREMIUM-PLUS PLANS- If and only if the entity offers a premium plan for such service area, the entity may offer one or more premium-plus plans for such area.CommentsClose CommentsPermalink





All such plans may be offered under a single contract with the Commissioner.CommentsClose CommentsPermalink





(c) Specification of Benefit Levels for Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner shall establish the following standards consistent with this subsection and title I:CommentsClose CommentsPermalink





(A) BASIC, ENHANCED, AND PREMIUM PLANS- Standards for 3 levels of Exchange-participating health benefits plans: basic, enhanced, and premium (in this division referred to as a ‘basic plan’, ‘enhanced plan’, and ‘premium plan’, respectively).CommentsClose CommentsPermalink





(B) PREMIUM-PLUS PLAN BENEFITS- Standards for additional benefits that may be offered, consistent with this subsection and subtitle C of title I, under a premium plan (such a plan with additional benefits referred to in this division as a ‘premium-plus plan’).CommentsClose CommentsPermalink





(2) BASIC PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- A basic plan shall offer the essential benefits package required under title I for a qualified health benefits plan.CommentsClose CommentsPermalink





(B) TIERED COST-SHARING FOR AFFORDABLE CREDIT ELIGIBLE INDIVIDUALS- In the case of an affordable credit eligible individual (as defined in section 242(a)(1)) enrolled in an Exchange-participating health benefits plan, the benefits under a basic plan are modified to provide for the reduced cost-sharing for the income tier applicable to the individual under section 244(c).CommentsClose CommentsPermalink





(3) ENHANCED PLAN- A enhanced plan shall offer, in addition to the level of benefits under the basic plan, a lower level of cost-sharing as provided under title I consistent with section 123(b)(5)(A).CommentsClose CommentsPermalink





(4) PREMIUM PLAN- A premium plan shall offer, in addition to the level of benefits under the basic plan, a lower level of cost-sharing as provided under title I consistent with section 123(b)(5)(B).CommentsClose CommentsPermalink





(5) PREMIUM-PLUS PLAN- A premium-plus plan is a premium plan that also provides additional benefits, such as adult oral health and vision care, approved by the Commissioner. The portion of the premium that is attributable to such additional benefits shall be separately specified.CommentsClose CommentsPermalink





(6) RANGE OF PERMISSIBLE VARIATION IN COST-SHARING- The Commissioner shall establish a permissible range of variation of cost-sharing for each basic, enhanced, and premium plan, except with respect to any benefit for which there is no cost-sharing permitted under the essential benefits package. Such variation shall permit a variation of not more than plus (or minus) 10 percent in cost-sharing with respect to each benefit category specified under section 122.CommentsClose CommentsPermalink





(d) Treatment of State Benefit Mandates- Insofar as a State requires a health insurance issuer offering health insurance coverage to include benefits beyond the essential benefits package, such requirement shall continue to apply to an Exchange-participating health benefits plan, if the State has entered into an arrangement satisfactory to the Commissioner to reimburse the Commissioner for the amount of any net increase in affordability premium credits under subtitle C as a result of an increase in premium in basic plans as a result of application of such requirement.CommentsClose CommentsPermalink

SEC. 204. CONTRACTS FOR THE OFFERING OF EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS.

(a) Contracting Duties- In carrying out section 201(b)(1) and consistent with this subtitle:CommentsClose CommentsPermalink





(1) OFFERING ENTITY AND PLAN STANDARDS- The Commissioner shall--CommentsClose CommentsPermalink





(A) establish standards necessary to implement the requirements of this title and title I for--CommentsClose CommentsPermalink





(i) QHBP offering entities for the offering of an Exchange-participating health benefits plan; andCommentsClose CommentsPermalink





(ii) for Exchange-participating health benefits plans; andCommentsClose CommentsPermalink





(B) certify QHBP offering entities and qualified health benefits plans as meeting such standards and requirements of this title and title I for purposes of this subtitle.CommentsClose CommentsPermalink





(2) SOLICITING AND NEGOTIATING BIDS; CONTRACTS- The Commissioner shall--CommentsClose CommentsPermalink





(A) solicit bids from QHBP offering entities for the offering of Exchange-participating health benefits plans;CommentsClose CommentsPermalink





(B) based upon a review of such bids, negotiate with such entities for the offering of such plans; andCommentsClose CommentsPermalink





(C) enter into contracts with such entities for the offering of such plans through the Health Insurance Exchange under terms (consistent with this title) negotiated between the Commissioner and such entities.CommentsClose CommentsPermalink





(3) FAR NOT APPLICABLE- The provisions of the Federal Acquisition Regulation shall not apply to contracts between the Commissioner and QHBP offering entities for the offering of Exchange-participating health benefits plans under this title.CommentsClose CommentsPermalink





(b) Standards for QHBP Offering Entities To Offer Exchange-Participating Health Benefits Plans- The standards established under subsection (a)(1)(A) shall require that, in order for a QHBP offering entity to offer an Exchange-participating health benefits plan, the entity must meet the following requirements:CommentsClose CommentsPermalink





(1) LICENSED- The entity shall be licensed to offer health insurance coverage under State law for each State in which it is offering such coverage.CommentsClose CommentsPermalink





(2) DATA REPORTING- The entity shall provide for the reporting of such information as the Commissioner may specify, including information necessary to administer the risk pooling mechanism described in section 206(b) and information to address disparities in health and health care.CommentsClose CommentsPermalink





(3) IMPLEMENTING AFFORDABILITY CREDITS- The entity shall provide for implementation of the affordability credits provided for enrollees under subtitle C, including the reduction in cost-sharing under section 244(c).CommentsClose CommentsPermalink





(4) ENROLLMENT- The entity shall accept all enrollments under this subtitle, subject to such exceptions (such as capacity limitations) in accordance with the requirements under title I for a qualified health benefits plan. The entity shall notify the Commissioner if the entity projects or anticipates reaching such a capacity limitation that would result in a limitation in enrollment.CommentsClose CommentsPermalink





(5) RISK POOLING PARTICIPATION- The entity shall participate in such risk pooling mechanism as the Commissioner establishes under section 206(b).CommentsClose CommentsPermalink





(6) ESSENTIAL COMMUNITY PROVIDERS- With respect to the basic plan offered by the entity, the entity shall contract for outpatient services with covered entities (as defined in section 340B(a)(4) of the Public Health Service Act, as in effect as of July 1, 2009). The Commissioner shall specify the extent to which and manner in which the previous sentence shall apply in the case of a basic plan with respect to which the Commissioner determines provides substantially all benefits through a health maintenance organization, as defined in section 2791(b)(3) of the Public Health Service Act.CommentsClose CommentsPermalink





(7) CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES AND COMMUNICATIONS- The entity shall provide for culturally and linguistically appropriate communication and health services.CommentsClose CommentsPermalink





(8) ADDITIONAL REQUIREMENTS- The entity shall comply with other applicable requirements of this title, as specified by the Commissioner, which shall include standards regarding billing and collection practices for premiums and related grace periods and which may include standards to ensure that the entity does not use coercive practices to force providers not to contract with other entities offering coverage through the Health Insurance Exchange.CommentsClose CommentsPermalink





(c) Contracts-CommentsClose CommentsPermalink





(1) BID APPLICATION- To be eligible to enter into a contract under this section, a QHBP offering entity shall submit to the Commissioner a bid at such time, in such manner, and containing such information as the Commissioner may require.CommentsClose CommentsPermalink





(2) TERM- Each contract with a QHBP offering entity under this section shall be for a term of not less than one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party.CommentsClose CommentsPermalink





(3) ENFORCEMENT OF NETWORK ADEQUACY- In the case of a health benefits plan of a QHBP offering entity that uses a provider network, the contract under this section with the entity shall provide that if--CommentsClose CommentsPermalink





(A) the Commissioner determines that such provider network does not meet such standards as the Commissioner shall establish under section 115; andCommentsClose CommentsPermalink





(B) an individual enrolled in such plan receives an item or service from a provider that is not within such network;CommentsClose CommentsPermalink





then any cost-sharing for such item or service shall be equal to the amount of such cost-sharing that would be imposed if such item or service was furnished by a provider within such network.CommentsClose CommentsPermalink





(4) OVERSIGHT AND ENFORCEMENT RESPONSIBILITIES- The Commissioner shall establish processes, in coordination with State insurance regulators, to oversee, monitor, and enforce applicable requirements of this title with respect to QHBP offering entities offering Exchange-participating health benefits plans and such plans, including the marketing of such plans. Such processes shall include the following:CommentsClose CommentsPermalink





(A) GRIEVANCE AND COMPLAINT MECHANISMS- The Commissioner shall establish, in coordination with State insurance regulators, a process under which Exchange-eligible individuals and employers may file complaints concerning violations of such standards.CommentsClose CommentsPermalink





(B) ENFORCEMENT- In carrying out authorities under this division relating to the Health Insurance Exchange, the Commissioner may impose one or more of the intermediate sanctions described in section 142(c).CommentsClose CommentsPermalink





(C) TERMINATION-CommentsClose CommentsPermalink





(i) IN GENERAL- The Commissioner may terminate a contract with a QHBP offering entity under this section for the offering of an Exchange-participating health benefits plan if such entity fails to comply with the applicable requirements of this title. Any determination by the Commissioner to terminate a contract shall be made in accordance with formal investigation and compliance procedures established by the Commissioner under which--CommentsClose CommentsPermalink





(I) the Commissioner provides the entity with the reasonable opportunity to develop and implement a corrective action plan to correct the deficiencies that were the basis of the Commissioner’s determination; andCommentsClose CommentsPermalink





(II) the Commissioner provides the entity with reasonable notice and opportunity for hearing (including the right to appeal an initial decision) before terminating the contract.CommentsClose CommentsPermalink





(ii) EXCEPTION FOR IMMINENT AND SERIOUS RISK TO HEALTH- Clause (i) shall not apply if the Commissioner determines that a delay in termination, resulting from compliance with the procedures specified in such clause prior to termination, would pose an imminent and serious risk to the health of individuals enrolled under the qualified health benefits plan of the QHBP offering entity.CommentsClose CommentsPermalink





(D) CONSTRUCTION- Nothing in this subsection shall be construed as preventing the application of other sanctions under subtitle E of title I with respect to an entity for a violation of such a requirement.CommentsClose CommentsPermalink

SEC. 205. OUTREACH AND ENROLLMENT OF EXCHANGE-ELIGIBLE INDIVIDUALS AND EMPLOYERS IN EXCHANGE-PARTICIPATING HEALTH BENEFITS PLAN.

(a) In General-CommentsClose CommentsPermalink





(1) OUTREACH- The Commissioner shall conduct outreach activities consistent with subsection (c), including through use of appropriate entities as described in paragraph (4) of such subsection, to inform and educate individuals and employers about the Health Insurance Exchange and Exchange-participating health benefits plan options. Such outreach shall include outreach specific to vulnerable populations, such as children, individuals with disabilities, individuals with mental illness, and individuals with other cognitive impairments.CommentsClose CommentsPermalink





(2) ELIGIBILITY- The Commissioner shall make timely determinations of whether individuals and employers are Exchange-eligible individuals and employers (as defined in section 202).CommentsClose CommentsPermalink





(3) ENROLLMENT- The Commissioner shall establish and carry out an enrollment process for Exchange-eligible individuals and employers, including at community locations, in accordance with subsection (b).CommentsClose CommentsPermalink





(b) Enrollment Process-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner shall establish a process consistent with this title for enrollments in Exchange-participating health benefits plans. Such process shall provide for enrollment through means such as the mail, by telephone, electronically, and in person.CommentsClose CommentsPermalink





(2) ENROLLMENT PERIODS-CommentsClose CommentsPermalink





(A) OPEN ENROLLMENT PERIOD- The Commissioner shall establish an annual open enrollment period during which an Exchange-eligible individual or employer may elect to enroll in an Exchange-participating health benefits plan for the following plan year and an enrollment period for affordability credits under subtitle C. Such periods shall be during September through November of each year, or such other time that would maximize timeliness of income verification for purposes of such subtitle. The open enrollment period shall not be less than 30 days.CommentsClose CommentsPermalink





(B) SPECIAL ENROLLMENT- The Commissioner shall also provide for special enrollment periods to take into account special circumstances of individuals and employers, such as an individual who--CommentsClose CommentsPermalink





(i) loses acceptable coverage;CommentsClose CommentsPermalink





(ii) experiences a change in marital or other dependent status;CommentsClose CommentsPermalink





(iii) moves outside the service area of the Exchange-participating health benefits plan in which the individual is enrolled; orCommentsClose CommentsPermalink





(iv) experiences a significant change in income.CommentsClose CommentsPermalink





(C) ENROLLMENT INFORMATION- The Commissioner shall provide for the broad dissemination of information to prospective enrollees on the enrollment process, including before each open enrollment period. In carrying out the previous sentence, the Commissioner may work with other appropriate entities to facilitate such provision of information.CommentsClose CommentsPermalink





(3) AUTOMATIC ENROLLMENT FOR NON-MEDICAID ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commissioner shall provide for a process under which individuals who are Exchange-eligible individuals described in subparagraph (B) are automatically enrolled under an appropriate Exchange-participating health benefits plan. Such process may involve a random assignment or some other form of assignment that takes into account the health care providers used by the individual involved or such other relevant factors as the Commissioner may specify.CommentsClose CommentsPermalink





(B) SUBSIDIZED INDIVIDUALS DESCRIBED- An individual described in this subparagraph is an Exchange-eligible individual who is either of the following:CommentsClose CommentsPermalink





(i) AFFORDABILITY CREDIT ELIGIBLE INDIVIDUALS- The individual--CommentsClose CommentsPermalink





(I) has applied for, and been determined eligible for, affordability credits under subtitle C;CommentsClose CommentsPermalink





(II) has not opted out from receiving such affordability credit; andCommentsClose CommentsPermalink





(III) does not otherwise enroll in another Exchange-participating health benefits plan.CommentsClose CommentsPermalink





(ii) INDIVIDUALS ENROLLED IN A TERMINATED PLAN- The individual is enrolled in an Exchange-participating health benefits plan that is terminated (during or at the end of a plan year) and who does not otherwise enroll in another Exchange-participating health benefits plan.CommentsClose CommentsPermalink





(4) DIRECT PAYMENT OF PREMIUMS TO PLANS- Under the enrollment process, individuals enrolled in an Exchange-partcipating health benefits plan shall pay such plans directly, and not through the Commissioner or the Health Insurance Exchange.CommentsClose CommentsPermalink





(c) Coverage Information and Assistance-CommentsClose CommentsPermalink





(1) COVERAGE INFORMATION- The Commissioner shall provide for the broad dissemination of information on Exchange-participating health benefits plans offered under this title. Such information shall be provided in a comparative manner, and shall include information on benefits, premiums, cost-sharing, quality, provider networks, and consumer satisfaction.CommentsClose CommentsPermalink





(2) CONSUMER ASSISTANCE WITH CHOICE- To provide assistance to Exchange-eligible individuals and employers, the Commissioner shall--CommentsClose CommentsPermalink





(A) provide for the operation of a toll-free telephone hotline to respond to requests for assistance and maintain an Internet website through which individuals may obtain information on coverage under Exchange-participating health benefits plans and file complaints;CommentsClose CommentsPermalink





(B) develop and disseminate information to Exchange-eligible enrollees on their rights and responsibilities;CommentsClose CommentsPermalink





(C) assist Exchange-eligible individuals in selecting Exchange-participating health benefits plans and obtaining benefits through such plans; andCommentsClose CommentsPermalink





(D) ensure that the Internet website described in subparagraph (A) and the information described in subparagraph (B) is developed using plain language (as defined in section 133(a)(2)).CommentsClose CommentsPermalink





(3) USE OF OTHER ENTITIES- In carrying out this subsection, the Commissioner may work with other appropriate entities to facilitate the dissemination of information under this subsection and to provide assistance as described in paragraph (2).CommentsClose CommentsPermalink





(d) Special Duties Related to Medicaid and CHIP-CommentsClose CommentsPermalink





(1) COVERAGE FOR CERTAIN NEWBORNS-CommentsClose CommentsPermalink





(A) IN GENERAL- In the case of a child born in the United States who at the time of birth is not otherwise covered under acceptable coverage, for the period of time beginning on the date of birth and ending on the date the child otherwise is covered under acceptable coverage (or, if earlier, the end of the month in which the 60-day period, beginning on the date of birth, ends), the child shall be deemed--CommentsClose CommentsPermalink





(i) to be a non-traditional Medicaid eligible individual (as defined in subsection (e)(5)) for purposes of this division and Medicaid; andCommentsClose CommentsPermalink





(ii) to have elected to enroll in Medicaid through the application of paragraph (3).CommentsClose CommentsPermalink





(B) EXTENDED TREATMENT AS TRADITIONAL MEDICAID ELIGIBLE INDIVIDUAL- In the case of a child described in subparagraph (A) who at the end of the period referred to in such subparagraph is not otherwise covered under acceptable coverage, the child shall be deemed (until such time as the child obtains such coverage or the State otherwise makes a determination of the child’s eligibility for medical assistance under its Medicaid plan pursuant to section 1943(c)(1) of the Social Security Act) to be a traditional Medicaid eligible individual described in section 1902(l)(1)(B) of such Act.CommentsClose CommentsPermalink





(2) CHIP TRANSITION- A child who, as of the day before the first day of Y1, is eligible for child health assistance under title XXI of the Social Security Act (including a child receiving coverage under an arrangement described in section 2101(a)(2) of such Act) is deemed as of such first day to be an Exchange-eligible individual unless the individual is a traditional Medicaid eligible individual as of such day.CommentsClose CommentsPermalink





(3) AUTOMATIC ENROLLMENT OF MEDICAID ELIGIBLE INDIVIDUALS INTO MEDICAID- The Commissioner shall provide for a process under which an individual who is described in section 202(d)(3) and has not elected to enroll in an Exchange-participating health benefits plan is automatically enrolled under Medicaid.CommentsClose CommentsPermalink





(4) NOTIFICATIONS- The Commissioner shall notify each State in Y1 and for purposes of section 1902(gg)(1) of the Social Security Act (as added by section 1703(a)) whether the Health Insurance Exchange can support enrollment of children described in paragraph (2) in such State in such year.CommentsClose CommentsPermalink





(e) Medicaid Coverage for Medicaid Eligible Individuals-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) CHOICE FOR LIMITED EXCHANGE-ELIGIBLE INDIVIDUALS- As part of the enrollment process under subsection (b), the Commissioner shall provide the option, in the case of an Exchange-eligible individual described in section 202(d)(3), for the individual to elect to enroll under Medicaid instead of under an Exchange-participating health benefits plan. Such an individual may change such election during an enrollment period under subsection (b)(2).CommentsClose CommentsPermalink





(B) MEDICAID ENROLLMENT OBLIGATION- An Exchange eligible individual may apply, in the manner described in section 241(b)(1), for a determination of whether the individual is a Medicaid-eligible individual. If the individual is determined to be so eligible, the Commissioner, through the Medicaid memorandum of understanding, shall provide for the enrollment of the individual under the State Medicaid plan in accordance with the Medicaid memorandum of understanding under paragraph (4). In the case of such an enrollment, the State shall provide for the same periodic redetermination of eligibility under Medicaid as would otherwise apply if the individual had directly applied for medical assistance to the State Medicaid agency.CommentsClose CommentsPermalink





(2) NON-TRADITIONAL MEDICAID ELIGIBLE INDIVIDUALS- In the case of a non-traditional Medicaid eligible individual described in section 202(d)(3) who elects to enroll under Medicaid under paragraph (1)(A), the Commissioner shall provide for the enrollment of the individual under the State Medicaid plan in accordance with the Medicaid memorandum of understanding under paragraph (4).CommentsClose CommentsPermalink





(3) COORDINATED ENROLLMENT WITH STATE THROUGH MEMORANDUM OF UNDERSTANDING- The Commissioner, in consultation with the Secretary of Health and Human Services, shall enter into a memorandum of understanding with each State (each in this division referred to as a ‘Medicaid memorandum of understanding’) with respect to coordinating enrollment of individuals in Exchange-participating health benefits plans and under the State’s Medicaid program consistent with this section and to otherwise coordinate the implementation of the provisions of this division with respect to the Medicaid program. Such memorandum shall permit the exchange of information consistent with the limitations described in section 1902(a)(7) of the Social Security Act. Nothing in this section shall be construed as permitting such memorandum to modify or vitiate any requirement of a State Medicaid plan.CommentsClose CommentsPermalink





(4) MEDICAID ELIGIBLE INDIVIDUALS- For purposes of this division:CommentsClose CommentsPermalink





(A) MEDICAID ELIGIBLE INDIVIDUAL- The term ‘Medicaid eligible individual’ means an individual who is eligible for medical assistance under Medicaid.CommentsClose CommentsPermalink





(B) TRADITIONAL MEDICAID ELIGIBLE INDIVIDUAL- The term ‘traditional Medicaid eligible individual’ means a Medicaid eligible individual other than an individual who is--CommentsClose CommentsPermalink





(i) a Medicaid eligible individual by reason of the application of subclause (VIII) of section 1902(a)(10)(A)(i) of the Social Security Act; orCommentsClose CommentsPermalink





(ii) a childless adult not described in section 1902(a)(10) (A) or (C) of such Act (as in effect as of the day before the date of the enactment of this Act).CommentsClose CommentsPermalink





(C) NON-TRADITIONAL MEDICAID ELIGIBLE INDIVIDUAL- The term ‘non-traditional Medicaid eligible individual’ means a Medicaid eligible individual who is not a traditional Medicaid eligible individual.CommentsClose CommentsPermalink





(f) Effective Culturally and Linguistically Appropriate Communication- In carrying out this section, the Commissioner shall establish effective methods for communicating in plain language and a culturally and linguistically appropriate manner.CommentsClose CommentsPermalink

SEC. 206. OTHER FUNCTIONS.

(a) Coordination of Affordability Credits- The Commissioner shall coordinate the distribution of affordability premium and cost-sharing credits under subtitle C to QHBP offering entities offering Exchange-participating health benefits plans.CommentsClose CommentsPermalink





(b) Coordination of Risk Pooling- The Commissioner shall establish a mechanism whereby there is an adjustment made of the premium amounts payable among QHBP offering entities offering Exchange-participating health benefits plans of premiums collected for such plans that takes into account (in a manner specified by the Commissioner) the differences in the risk characteristics of individuals and employers enrolled under the different Exchange-participating health benefits plans offered by such entities so as to minimize the impact of adverse selection of enrollees among the plans offered by such entities.CommentsClose CommentsPermalink





(c) Special Inspector General for the Health Insurance Exchange-CommentsClose CommentsPermalink





(1) ESTABLISHMENT; APPOINTMENT- There is hereby established the Office of the Special Inspector General for the Health Insurance Exchange, to be headed by a Special Inspector General for the Health Insurance Exchange (in this subsection referred to as the ‘Special Inspector General’) to be appointed by the President, by and with the advice and consent of the Senate. The nomination of an individual as Special Inspector General shall be made as soon as practicable after the establishment of the program under this subtitle.CommentsClose CommentsPermalink





(2) DUTIES- The Special Inspector General shall--CommentsClose CommentsPermalink





(A) conduct, supervise, and coordinate audits, evaluations and investigations of the Health Insurance Exchange to protect the integrity of the Health Insurance Exchange, as well as the health and welfare of participants in the Exchange;CommentsClose CommentsPermalink





(B) report both to the Commissioner and to the Congress regarding program and management problems and recommendations to correct them;CommentsClose CommentsPermalink





(C) have other duties (described in paragraphs (2) and (3) of section 121 of division A of Public Law 110-343) in relation to the duties described in the previous subparagraphs; andCommentsClose CommentsPermalink





(D) have the authorities provided in section 6 of the Inspector General Act of 1978 in carrying out duties under this paragraph.CommentsClose CommentsPermalink





(3) APPLICATION OF OTHER SPECIAL INSPECTOR GENERAL PROVISIONS- The provisions of subsections (b) (other than paragraphs (1) and (3)), (d) (other than paragraph (1)), and (e) of section 121 of division A of the Emergency Economic Stabilization Act of 2009 (Public Law 110-343) shall apply to the Special Inspector General under this subsection in the same manner as such provisions apply to the Special Inspector General under such section.CommentsClose CommentsPermalink





(4) REPORTS- Not later than one year after the confirmation of the Special Inspector General, and annually thereafter, the Special Inspector General shall submit to the appropriate committees of Congress a report summarizing the activities of the Special Inspector General during the one year period ending on the date such report is submitted.CommentsClose CommentsPermalink





(5) TERMINATION- The Office of the Special Inspector General shall terminate five years after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 207. HEALTH INSURANCE EXCHANGE TRUST FUND.

(a) Establishment of Health Insurance Exchange Trust Fund- There is created within the Treasury of the United States a trust fund to be known as the ‘Health Insurance Exchange Trust Fund’ (in this section referred to as the ‘Trust Fund’), consisting of such amounts as may be appropriated or credited to the Trust Fund under this section or any other provision of law.CommentsClose CommentsPermalink





(b) Payments From Trust Fund- The Commissioner shall pay from time to time from the Trust Fund such amounts as the Commissioner determines are necessary to make payments to operate the Health Insurance Exchange, including payments under subtitle C (relating to affordability credits).CommentsClose CommentsPermalink





(c) Transfers to Trust Fund-CommentsClose CommentsPermalink





(1) DEDICATED PAYMENTS- There is hereby appropriated to the Trust Fund amounts equivalent to the following:CommentsClose CommentsPermalink





(A) TAXES ON INDIVIDUALS NOT OBTAINING ACCEPTABLE COVERAGE- The amounts received in the Treasury under section 59B of the Internal Revenue Code of 1986 (relating to requirement of health insurance coverage for individuals).CommentsClose CommentsPermalink





(B) EMPLOYMENT TAXES ON EMPLOYERS NOT PROVIDING ACCEPTABLE COVERAGE- The amounts received in the Treasury under section 3111(c) of the Internal Revenue Code of 1986 (relating to employers electing to not provide health benefits).CommentsClose CommentsPermalink





(C) EXCISE TAX ON FAILURES TO MEET CERTAIN HEALTH COVERAGE REQUIREMENTS- The amounts received in the Treasury under section 4980H(b) (relating to excise tax with respect to failure to meet health coverage participation requirements).CommentsClose CommentsPermalink





(2) APPROPRIATIONS TO COVER GOVERNMENT CONTRIBUTIONS- There are hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Trust Fund, an amount equivalent to the amount of payments made from the Trust Fund under subsection (b) plus such amounts as are necessary reduced by the amounts deposited under paragraph (1).CommentsClose CommentsPermalink





(d) Application of Certain Rules- Rules similar to the rules of subchapter B of chapter 98 of the Internal Revenue Code of 1986 shall apply with respect to the Trust Fund.CommentsClose CommentsPermalink

SEC. 208. OPTIONAL OPERATION OF STATE-BASED HEALTH INSURANCE EXCHANGES.

(a) In General- If--CommentsClose CommentsPermalink





(1) a State (or group of States, subject to the approval of the Commissioner) applies to the Commissioner for approval of a State-based Health Insurance Exchange to operate in the State (or group of States); andCommentsClose CommentsPermalink





(2) the Commissioner approves such State-based Health Insurance Exchange,CommentsClose CommentsPermalink





then, subject to subsections (c) and (d), the State-based Health Insurance Exchange shall operate, instead of the Health Insurance Exchange, with respect to such State (or group of States). The Commissioner shall approve a State-based Health Insurance Exchange if it meets the requirements for approval under subsection (b).CommentsClose CommentsPermalink





(b) Requirements for Approval- The Commissioner may not approve a State-based Health Insurance Exchange under this section unless the following requirements are met:CommentsClose CommentsPermalink





(1) The State-based Health Insurance Exchange must demonstrate the capacity to and provide assurances satisfactory to the Commissioner that the State-based Health Insurance Exchange will carry out the functions specified for the Health Insurance Exchange in the State (or States) involved, including--CommentsClose CommentsPermalink





(A) negotiating and contracting with QHBP offering entities for the offering of Exchange-participating health benefits plan, which satisfy the standards and requirements of this title and title I;CommentsClose CommentsPermalink





(B) enrolling Exchange-eligible individuals and employers in such State in such plans;CommentsClose CommentsPermalink





(C) the establishment of sufficient local offices to meet the needs of Exchange-eligible individuals and employers;CommentsClose CommentsPermalink





(D) administering affordability credits under subtitle B using the same methodologies (and at least the same income verification methods) as would otherwise apply under such subtitle and at a cost to the Federal Government which does exceed the cost to the Federal Government if this section did not apply; andCommentsClose CommentsPermalink





(E) enforcement activities consistent with federal requirements.CommentsClose CommentsPermalink





(2) There is no more than one Health Insurance Exchange operating with respect to any one State.CommentsClose CommentsPermalink





(3) The State provides assurances satisfactory to the Commissioner that approval of such an Exchange will not result in any net increase in expenditures to the Federal Government.CommentsClose CommentsPermalink





(4) The State provides for reporting of such information as the Commissioner determines and assurances satisfactory to the Commissioner that it will vigorously enforce violations of applicable requirements.CommentsClose CommentsPermalink





(5) Such other requirements as the Commissioner may specify.CommentsClose CommentsPermalink





(c) Ceasing Operation-CommentsClose CommentsPermalink





(1) IN GENERAL- A State-based Health Insurance Exchange may, at the option of each State involved, and only after providing timely and reasonable notice to the Commissioner, cease operation as such an Exchange, in which case the Health Insurance Exchange shall operate, instead of such State-based Health Insurance Exchange, with respect to such State (or States).CommentsClose CommentsPermalink





(2) TERMINATION; HEALTH INSURANCE EXCHANGE RESUMPTION OF FUNCTIONS- The Commissioner may terminate the approval (for some or all functions) of a State-based Health Insurance Exchange under this section if the Commissioner determines that such Exchange no longer meets the requirements of subsection (b) or is no longer capable of carrying out such functions in accordance with the requirements of this subtitle. In lieu of terminating such approval, the Commissioner may temporarily assume some or all functions of the State-based Health Insurance Exchange until such time as the Commissioner determines the State-based Health Insurance Exchange meets such requirements of subsection (b) and is capable of carrying out such functions in accordance with the requirements of this subtitle.CommentsClose CommentsPermalink





(3) EFFECTIVENESS- The ceasing or termination of a State-based Health Insurance Exchange under this subsection shall be effective in such time and manner as the Commissioner shall specify.CommentsClose CommentsPermalink





(d) Retention of Authority-CommentsClose CommentsPermalink





(1) AUTHORITY RETAINED- Enforcement authorities of the Commissioner shall be retained by the Commissioner.CommentsClose CommentsPermalink





(2) DISCRETION TO RETAIN ADDITIONAL AUTHORITY- The Commissioner may specify functions of the Health Insurance Exchange that--CommentsClose CommentsPermalink





(A) may not be performed by a State-based Health Insurance Exchange under this section; orCommentsClose CommentsPermalink





(B) may be performed by the Commissioner and by such a State-based Health Insurance Exchange.CommentsClose CommentsPermalink





(e) References- In the case of a State-based Health Insurance Exchange, except as the Commissioner may otherwise specify under subsection (d), any references in this subtitle to the Health Insurance Exchange or to the Commissioner in the area in which the State-based Health Insurance Exchange operates shall be deemed a reference to the State-based Health Insurance Exchange and the head of such Exchange, respectively.CommentsClose CommentsPermalink





(f) Funding- In the case of a State-based Health Insurance Exchange, there shall be assistance provided for the operation of such Exchange in the form of a matching grant with a State share of expenditures required.CommentsClose CommentsPermalink

Subtitle B--Public Health Insurance OptionCommentsClose CommentsPermalink

SEC. 221. ESTABLISHMENT AND ADMINISTRATION OF A PUBLIC HEALTH INSURANCE OPTION AS AN EXCHANGE-QUALIFIED HEALTH BENEFITS PLAN.

(a) Establishment- For years beginning with Y1, the Secretary of Health and Human Services (in this subtitle referred to as the ‘Secretary’) shall provide for the offering of an Exchange-participating health benefits plan (in this division referred to as the ‘public health insurance option’) that ensures choice, competition, and stability of affordable, high quality coverage throughout the United States in accordance with this subtitle. In designing the option, the Secretary’s primary responsibility is to create a low-cost plan without comprimising quality or access to care.CommentsClose CommentsPermalink





(b) Offering as an Exchange-participating Health Benefits Plan-CommentsClose CommentsPermalink





(1) EXCLUSIVE TO THE EXCHANGE- The public health insurance option shall only be made available through the Health Insurance Exchange.CommentsClose CommentsPermalink





(2) ENSURING A LEVEL PLAYING FIELD- Consistent with this subtitle, the public health insurance option shall comply with requirements that are applicable under this title to an Exchange-participating health benefits plan, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost sharing.CommentsClose CommentsPermalink





(3) PROVISION OF BENEFIT LEVELS- The public health insurance option--CommentsClose CommentsPermalink





(A) shall offer basic, enhanced, and premium plans; andCommentsClose CommentsPermalink





(B) may offer premium-plus plans.CommentsClose CommentsPermalink





(c) Administrative Contracting- The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary has the same authority with respect to the public health insurance option as the Secretary has under subsections (a)(1) and (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. Contracts under this subsection shall not involve the transfer of insurance risk to such entity.CommentsClose CommentsPermalink





(d) Ombudsman- The Secretary shall establish an office of the ombudsman for the public health insurance option which shall have duties with respect to the public health insurance option similar to the duties of the Medicare Beneficiary Ombudsman under section 1808(c)(2) of the Social Security Act.CommentsClose CommentsPermalink





(e) Data Collection- The Secretary shall collect such data as may be required to establish premiums and payment rates for the public health insurance option and for other purposes under this subtitle, including to improve quality and to reduce racial, ethnic, and other disparities in health and health care.CommentsClose CommentsPermalink





(f) Treatment of Public Health Insurance Option- With respect to the public health insurance option, the Secretary shall be treated as a QHBP offering entity offering an Exchange-participating health benefits plan.CommentsClose CommentsPermalink





(g) Access to Federal Courts- The provisions of Medicare (and related provisions of title II of the Social Security Act) relating to access of Medicare beneficiaries to Federal courts for the enforcement of rights under Medicare, including with respect to amounts in controversy, shall apply to the public health insurance option and individuals enrolled under such option under this title in the same manner as such provisions apply to Medicare and Medicare beneficiaries.CommentsClose CommentsPermalink

SEC. 222. PREMIUMS AND FINANCING.

(a) Establishment of Premiums-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall establish geographically-adjusted premium rates for the public health insurance option in a manner--CommentsClose CommentsPermalink





(A) that complies with the premium rules established by the Commissioner under section 113 for Exchange-participating health benefit plans; andCommentsClose CommentsPermalink





(B) at a level sufficient to fully finance the costs of--CommentsClose CommentsPermalink





(i) health benefits provided by the public health insurance option; andCommentsClose CommentsPermalink





(ii) administrative costs related to operating the public health insurance option.CommentsClose CommentsPermalink





(2) CONTINGENCY MARGIN- In establishing premium rates under paragraph (1), the Secretary shall include an appropriate amount for a contingency margin.CommentsClose CommentsPermalink





(b) Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States an Account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under paragraph (2). Section 1854(g) of the Social Security Act shall apply to receipts described in the previous sentence in the same manner as such section applies to payments or premiums described in such section.CommentsClose CommentsPermalink





(2) START-UP FUNDING-CommentsClose CommentsPermalink





(A) IN GENERAL- In order to provide for the establishment of the public health insurance option there is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $2,000,000,000. In order to provide for initial claims reserves before the collection of premiums, there is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as necessary to cover 90 days worth of claims reserves based on projected enrollment.CommentsClose CommentsPermalink





(B) AMORTIZATION OF START-UP FUNDING- The Secretary shall provide for the repayment of the startup funding provided under subparagraph (A) to the Treasury in an amortized manner over the 10-year period beginning with Y1.CommentsClose CommentsPermalink





(C) LIMITATION ON FUNDING- Nothing in this section shall be construed as authorizing any additional appropriations to the Account, other than such amounts as are otherwise provided with respect to other Exchange-participating health benefits plans.CommentsClose CommentsPermalink

SEC. 223. PAYMENT RATES FOR ITEMS AND SERVICES.

(a) Rates Established by Secretary-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall establish payment rates for the public health insurance option for services and health care providers consistent with this section and may change such payment rates in accordance with section 224.CommentsClose CommentsPermalink





(2) INITIAL PAYMENT RULES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B) and subsection (b)(1), during Y1, Y2, and Y3, the Secretary shall base the payment rates under this section for services and providers described in paragraph (1) on the payment rates for similar services and providers under parts A and B of Medicare.CommentsClose CommentsPermalink





(B) EXCEPTIONS-CommentsClose CommentsPermalink





(i) Practitioners’ SERVICES- Payment rates for practitioners’ services otherwise established under the fee schedule under section 1848 of the Social Security Act shall be applied without regard to the provisions under subsection (f) of such section and the update under subsection (d)(4) under such section for a year as applied under this paragraph shall be not less than 1 percent.CommentsClose CommentsPermalink





(ii) ADJUSTMENTS- The Secretary may determine the extent to which Medicare adjustments applicable to base payment rates under parts A and B of Medicare shall apply under this subtitle.CommentsClose CommentsPermalink





(3) FOR NEW SERVICES- The Secretary shall modify payment rates described in paragraph (2) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under Medicare.CommentsClose CommentsPermalink





(4) PRESCRIPTION DRUGS- Payment rates under this section for prescription drugs that are not paid for under part A or part B of Medicare shall be at rates negotiated by the Secretary.CommentsClose CommentsPermalink





(b) Incentives for Participating Providers-CommentsClose CommentsPermalink





(1) INITIAL INCENTIVE PERIOD-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall provide, in the case of services described in subparagraph (B) furnished during Y1, Y2, and Y3, for payment rates that are 5 percent greater than the rates established under subsection (a).CommentsClose CommentsPermalink





(B) SERVICES DESCRIBED- The services described in this subparagraph are items and professional services, under the public health insurance option by a physician or other health care practitioner who participates in both Medicare and the public health insurance option.CommentsClose CommentsPermalink





(C) SPECIAL RULES- A pediatrician and any other health care practitioner who is a type of practitioner that does not typically participate in Medicare (as determined by the Secretary) shall also be eligible for the increased payment rates under subparagraph (A).CommentsClose CommentsPermalink





(2) SUBSEQUENT PERIODS- Beginning with Y4 and for subsequent years, the Secretary shall continue to use an administrative process to set such rates in order to promote payment accuracy, to ensure adequate beneficiary access to providers, and to promote affordablility and the efficient delivery of medical care consistent with section 221(a). Such rates shall not be set at levels expected to increase overall medical costs under the option beyond what would be expected if the process under subsection (a)(2) and paragraph (1) of this subsection were continued.CommentsClose CommentsPermalink





(3) ESTABLISHMENT OF A PROVIDER NETWORK- Health care providers participating under Medicare are participating providers in the public health insurance option unless they opt out in a process established by the Secretary.CommentsClose CommentsPermalink





(c) Administrative Process for Setting Rates- Chapter 5 of title 5, United States Code shall apply to the process for the initial establishment of payment rates under this section but not to the specific methodology for establishing such rates or the calculation of such rates.CommentsClose CommentsPermalink





(d) Construction- Nothing in this subtitle shall be construed as limiting the Secretary’s authority to correct for payments that are excessive or deficient, taking into account the provisions of section 221(a) and the amounts paid for similar health care providers and services under other Exchange-participating health benefits plans.CommentsClose CommentsPermalink





(e) Construction- Nothing in this subtitle shall be construed as affecting the authority of the Secretary to establish payment rates, including payments to provide for the more efficient delivery of services, such as the initiatives provided for under section 224.CommentsClose CommentsPermalink





(f) Limitations on Review- There shall be no administrative or judicial review of a payment rate or methodology established under this section or under section 224.CommentsClose CommentsPermalink

SEC. 224. MODERNIZED PAYMENT INITIATIVES AND DELIVERY SYSTEM REFORM.

(a) In General- For plan years beginning with Y1, the Secretary may utilize innovative payment mechanisms and policies to determine payments for items and services under the public health insurance option. The payment mechanisms and policies under this section may include patient-centered medical home and other care management payments, accountable care organizations, value-based purchasing, bundling of services, differential payment rates, performance or utilization based payments, partial capitation, and direct contracting with providers.CommentsClose CommentsPermalink





(b) Requirements for Innovative Payments- The Secretary shall design and implement the payment mechanisms and policies under this section in a manner that--CommentsClose CommentsPermalink





(1) seeks to--CommentsClose CommentsPermalink





(A) improve health outcomes;CommentsClose CommentsPermalink





(B) reduce health disparities (including racial, ethnic, and other disparities);CommentsClose CommentsPermalink





(C) provide efficent and affordable care;CommentsClose CommentsPermalink





(D) address geographic variation in the provision of health services; orCommentsClose CommentsPermalink





(E) prevent or manage chronic illness; andCommentsClose CommentsPermalink





(2) promotes care that is integrated, patient-centered, quality, and efficient.CommentsClose CommentsPermalink





(c) Encouraging the Use of High Value Services- To the extent allowed by the benefit standards applied to all Exchange-participating health benefits plans, the public health insurance option may modify cost sharing and payment rates to encourage the use of services that promote health and value.CommentsClose CommentsPermalink





(d) Non-uniformity Permitted- Nothing in this subtitle shall prevent the Secretary from varying payments based on different payment structure models (such as accountable care organizations and medical homes) under the public health insurance option for different geographic areas.CommentsClose CommentsPermalink

SEC. 225. PROVIDER PARTICIPATION.

(a) In General- The Secretary shall establish conditions of participation for health care providers under the public health insurance option.CommentsClose CommentsPermalink





(b) Licensure or Certification- The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law.CommentsClose CommentsPermalink





(c) Payment Terms for Providers-CommentsClose CommentsPermalink





(1) PHYSICIANS- The Secretary shall provide for the annual participation of physicians under the public health insurance option, for which payment may be made for services furnished during the year, in one of 2 classes:CommentsClose CommentsPermalink





(A) PREFERRED PHYSICIANS- Those physicians who agree to accept the payment rate established under section 223 (without regard to cost-sharing) as the payment in full.CommentsClose CommentsPermalink





(B) PARTICIPATING, NON-PREFERRED PHYSICIANS- Those physicians who agree not to impose charges (in relation to the payment rate described in section 223 for such physicians) that exceed the ratio permitted under section 1848(g)(2)(C) of the Social Security Act.CommentsClose CommentsPermalink





(2) OTHER PROVIDERS- The Secretary shall provide for the participation (on an annual or other basis specified by the Secretary) of health care providers (other than physicians) under the public health insurance option under which payment shall only be available if the provider agrees to accept the payment rate established under section 223 (without regard to cost-sharing) as the payment in full.CommentsClose CommentsPermalink





(d) Exclusion of Certain Providers- The Secretary shall exclude from participation under the public health insurance option a health care provider that is excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act).CommentsClose CommentsPermalink

SEC. 226. APPLICATION OF FRAUD AND ABUSE PROVISIONS.

Provisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under Medicare, such as the False Claims Act (31 U.S.C. 3729 et seq.), shall also apply to the public health insurance option.CommentsClose CommentsPermalink

Subtitle C--Individual Affordability CreditsCommentsClose CommentsPermalink

SEC. 241. AVAILABILITY THROUGH HEALTH INSURANCE EXCHANGE.

(a) In General- Subject to the succeeding provisions of this subtitle, in the case of an affordable credit eligible individual enrolled in an Exchange-participating health benefits plan--CommentsClose CommentsPermalink





(1) the individual shall be eligible for, in accordance with this subtitle, affordability credits consisting of--CommentsClose CommentsPermalink





(A) an affordability premium credit under section 243 to be applied against the premium for the Exchange-participating health benefits plan in which the individual is enrolled; andCommentsClose CommentsPermalink





(B) an affordability cost-sharing credit under section 244 to be applied as a reduction of the cost-sharing otherwise applicable to such plan; andCommentsClose CommentsPermalink





(2) the Commissioner shall pay the QHBP offering entity that offers such plan from the Health Insurance Exchange Trust Fund the aggregate amount of affordability credits for all affordable credit eligible individuals enrolled in such plan.CommentsClose CommentsPermalink





(b) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- An Exchange eligible individual may apply to the Commissioner through the Health Insurance Exchange or through another entity under an arrangement made with the Commissioner, in a form and manner specified by the Commissioner. The Commissioner through the Health Insurance Exchange or through another public entity under an arrangement made with the Commissioner shall make a determination as to eligibility of an individual for affordability credits under this subtitle. The Commissioner shall establish a process whereby, on the basis of information otherwise available, individuals may be deemed to be affordable credit eligible individuals. In carrying this subtitle, the Commissioner shall establish effective methods that ensure that individuals with limited English proficiency are able to apply for affordability credits.CommentsClose CommentsPermalink





(2) USE OF STATE MEDICAID AGENCIES- If the Commissioner determines that a State Medicaid agency has the capacity to make a determination of eligibility for affordability credits under this subtitle and under the same standards as used by the Commissioner, under the Medicaid memorandum of understanding (as defined in section 205(c)(4))--CommentsClose CommentsPermalink





(A) the State Medicaid agency is authorized to conduct such determinations for any Exchange-eligible individual who requests such a determination; andCommentsClose CommentsPermalink





(B) the Commissioner shall reimburse the State Medicaid agency for the costs of conducting such determinations.CommentsClose CommentsPermalink





(3) MEDICAID SCREEN AND ENROLL OBLIGATION- In the case of an application made under paragraph (1), there shall be a determination of whether the individual is a Medicaid-eligible individual. If the individual is determined to be so eligible, the Commissioner, through the Medicaid memorandum of understanding, shall provide for the enrollment of the individual under the State Medicaid plan in accordance with the Medicaid memorandum of understanding. In the case of such an enrollment, the State shall provide for the same periodic redetermination of eligibility under Medicaid as would otherwise apply if the individual had directly applied for medical assistance to the State Medicaid agency.CommentsClose CommentsPermalink





(c) Use of Affordability Credits-CommentsClose CommentsPermalink





(1) IN GENERAL- In Y1 and Y2 an affordable credit eligible individual may use an affordability credit only with respect to a basic plan.CommentsClose CommentsPermalink





(2) FLEXIBILITY IN PLAN ENROLLMENT AUTHORIZED- Beginning with Y3, the Commissioner shall establish a process to allow an affordability credit to be used for enrollees in enhanced or premium plans. In the case of an affordable credit eligible individual who enrolls in an enhanced or premium plan, the individual shall be responsible for any difference between the premium for such plan and the affordable credit amount otherwise applicable if the individual had enrolled in a basic plan.CommentsClose CommentsPermalink





(d) Access to Data- In carrying out this subtitle, the Commissioner shall request from the Secretary of the Treasury consistent with section 6103 of the Internal Revenue Code of 1986 such information as may be required to carry out this subtitle.CommentsClose CommentsPermalink





(e) No Cash Rebates- In no case shall an affordable credit eligible individual receive any cash payment as a result of the application of this subtitle.CommentsClose CommentsPermalink

SEC. 242. AFFORDABLE CREDIT ELIGIBLE INDIVIDUAL.

(a) Definition-CommentsClose CommentsPermalink





(1) IN GENERAL- For purposes of this division, the term ‘affordable credit eligible individual’ means, subject to subsection (b), an individual who is lawfully present in a State in the United States (other than as a nonimmigrant described in a subparagraph (excluding subparagraphs (K), (T), (U), and (V)) of section 101(a)(15) of the Immigration and Nationality Act)--CommentsClose CommentsPermalink





(A) who is enrolled under an Exchange-participating health benefits plan and is not enrolled under such plan as an employee (or dependent of an employee) through an employer qualified health benefits plan that meets the requirements of section 312;CommentsClose CommentsPermalink





(B) with family income below 400 percent of the Federal poverty level for a family of the size involved; andCommentsClose CommentsPermalink





(C) who is not a Medicaid eligible individual, other than an individual described in section 202(d)(3) or an individual during a transition period under section 202(d)(4)(B)(ii).CommentsClose CommentsPermalink





(2) TREATMENT OF FAMILY- Except as the Commissioner may otherwise provide, members of the same family who are affordable credit eligible individuals shall be treated as a single affordable credit individual eligible for the applicable credit for such a family under this subtitle.CommentsClose CommentsPermalink





(b) Limitations on Employee and Dependent Disqualification-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the term ‘affordable credit eligible individual’ does not include a full-time employee of an employer if the employer offers the employee coverage (for the employee and dependents) as a full-time employee under a group health plan if the coverage and employer contribution under the plan meet the requirements of section 312.CommentsClose CommentsPermalink





(2) EXCEPTIONS-CommentsClose CommentsPermalink





(A) FOR CERTAIN FAMILY CIRCUMSTANCES- The Commissioner shall establish such exceptions and special rules in the case described in paragraph (1) as may be appropriate in the case of a divorced or separated individual or such a dependent of an employee who would otherwise be an affordable credit eligible individual.CommentsClose CommentsPermalink





(B) FOR UNAFFORDABLE EMPLOYER COVERAGE- Beginning in Y2, in the case of full-time employees for which the cost of the employee premium for coverage under a group health plan would exceed 11 percent of current family income (determined by the Commissioner on the basis of verifiable documentation and without regard to section 245), paragraph (1) shall not apply.CommentsClose CommentsPermalink





(c) Income Defined-CommentsClose CommentsPermalink





(1) IN GENERAL- In this title, the term ‘income’ means modified adjusted gross income (as defined in section 59B of the Internal Revenue Code of 1986).CommentsClose CommentsPermalink





(2) STUDY OF INCOME DISREGARDS- The Commissioner shall conduct a study that examines the application of income disregards for purposes of this subtitle. Not later than the first day of Y2, the Commissioner shall submit to Congress a report on such study and shall include such recommendations as the Commissioner determines appropriate.CommentsClose CommentsPermalink





(d) Clarification of Treatment of Affordability Credits- Affordabilty credits under this subtitle shall not be treated, for purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, to be a benefit provided under section 403 of such title.CommentsClose CommentsPermalink

SEC. 243. AFFORDABLE PREMIUM CREDIT.

(a) In General- The affordability premium credit under this section for an affordable credit eligible individual enrolled in an Exchange-participating health benefits plan is in an amount equal to the amount (if any) by which the premium for the plan (or, if less, the reference premium amount specified in subsection (c)), exceeds the affordable premium amount specified in subsection (b) for the individual.CommentsClose CommentsPermalink





(b) Affordable Premium Amount-CommentsClose CommentsPermalink





(1) IN GENERAL- The affordable premium amount specified in this subsection for an individual for monthly premium in a plan year shall be equal to 1/12 of the product of--CommentsClose CommentsPermalink





(A) the premium percentage limit specified in paragraph (2) for the individual based upon the individual’s family income for the plan year; andCommentsClose CommentsPermalink





(B) the individual’s family income for such plan year.CommentsClose CommentsPermalink





(2) PREMIUM PERCENTAGE LIMITS BASED ON TABLE- The Commissioner shall establish premium percentage limits so that for individuals whose family income is within an income tier specified in the table in subsection (d) such percentage limits shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier.CommentsClose CommentsPermalink





(c) Reference Premium Amount- The reference premium amount specified in this subsection for a plan year for an individual in a premium rating area is equal to the average premium for the 3 basic plans in the area for the plan year with the lowest premium levels. In computing such amount the Commissioner may exclude plans with extremely limited enrollments.CommentsClose CommentsPermalink





(d) Table of Premium Percentage Limits and Actuarial Value Percentages Based on Income Tier-CommentsClose CommentsPermalink





(1) IN GENERAL- For purposes of this subtitle, the table specified in this subsection is as follows:CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

                  The initial premium percentage is-- The final premium percentage is-- The actuarial value percentage is-- CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

133% through 150%                                1.5%                                3%                                 97% CommentsClose CommentsPermalink

150% through 200%                                  3%                                5%                                 93% CommentsClose CommentsPermalink

200% through 250%                                  5%                                7%                                 85% CommentsClose CommentsPermalink

250% through 300%                                  7%                                9%                                 78% CommentsClose CommentsPermalink

300% through 350%                                  9%                               10%                                 72% CommentsClose CommentsPermalink

350% through 400%                                 10%                               11%                                 70% CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

(2) SPECIAL RULES- For purposes of applying the table under paragraph (1)--CommentsClose CommentsPermalink





(A) FOR LOWEST LEVEL OF INCOME- In the case of an individual with income that does not exceed 133 percent of FPL, the individual shall be considered to have income that is 133 percent of FPL.CommentsClose CommentsPermalink





(B) APPLICATION OF HIGHER ACTUARIAL VALUE PERCENTAGE AT TIER TRANSITION POINTS- If two actuarial value percentages may be determined with respect to an individual, the actuarial value percentage shall be the higher of such percentages.CommentsClose CommentsPermalink

SEC. 244. AFFORDABILITY COST-SHARING CREDIT.

(a) In General- The affordability cost-sharing credit under this section for an affordable credit eligible individual enrolled in an Exchange-participating health benefits plan is in the form of the cost-sharing reduction described in subsection (b) provided under this section for the income tier in which the individual is classified based on the individual’s family income.CommentsClose CommentsPermalink





(b) Cost-sharing Reductions- The Commissioner shall specify a reduction in cost-sharing amounts and the annual limitation on cost-sharing specified in section 122(c)(2)(B) under a basic plan for each income tier specified in the table under section 243(d), with respect to a year, in a manner so that, as estimated by the Commissioner, the actuarial value of the coverage with such reduced cost-sharing amounts (and the reduced annual cost-sharing limit) is equal to the actuarial value percentage (specified in the table under section 243(d) for the income tier involved) of the full actuarial value if there were no cost-sharing imposed under the plan.CommentsClose CommentsPermalink





(c) Determination and Payment of Cost-sharing Affordability Credit- In the case of an affordable credit eligible individual in a tier enrolled in an Exchange-participating health benefits plan offered by a QHBP offering entity, the Commissioner shall provide for payment to the offering entity of an amount equivalent to the increased actuarial value of the benefits under the plan provided under section 203(c)(2)(B) resulting from the reduction in cost-sharing described in subsection (b).CommentsClose CommentsPermalink

SEC. 245. INCOME DETERMINATIONS.

(a) In General- In applying this subtitle for an affordability credit for an individual for a plan year, the individual’s income shall be the income (as defined in section 242(c)) for the individual for the most recent taxable year (as determined in accordance with rules of the Commissioner). The Federal poverty level applied shall be such level in effect as of the date of the application.CommentsClose CommentsPermalink





(b) Program Integrity; Income Verification Procedures-CommentsClose CommentsPermalink





(1) PROGRAM INTEGRITY- The Commissioner shall take such steps as may be appropriate to ensure the accuracy of determinations and redeterminations under this subtitle.CommentsClose CommentsPermalink





(2) INCOME VERIFICATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Upon an initial application of an individual for an affordability credit under this subtitle (or in applying section 242(b)) or upon an application for a change in the affordability credit based upon a significant change in family income described in subparagraph (A)--CommentsClose CommentsPermalink





(i) the Commissioner shall request from the Secretary of the Treasury the disclosure to the Commissioner of such information as may be permitted to verify the information contained in such application; andCommentsClose CommentsPermalink





(ii) the Commissioner shall use the information so disclosed to verify such information.CommentsClose CommentsPermalink





(B) ALTERNATIVE PROCEDURES- The Commissioner shall establish procedures for the verification of income for purposes of this subtitle if no income tax return is available for the most recent completed tax year.CommentsClose CommentsPermalink





(c) Special Rules-CommentsClose CommentsPermalink





(1) CHANGES IN INCOME AS A PERCENT OF FPL- In the case that an individual’s income (expressed as a percentage of the Federal poverty level for a family of the size involved) for a plan year is expected (in a manner specified by the Commissioner) to be significantly different from the income (as so expressed) used under subsection (a), the Commissioner shall establish rules requiring an individual to report, consistent with the mechanism established under paragraph (2), significant changes in such income (including a significant change in family composition) to the Commissioner and requiring the substitution of such income for the income otherwise applicable.CommentsClose CommentsPermalink





(2) REPORTING OF SIGNIFICANT CHANGES IN INCOME- The Commissioner shall establish rules under which an individual determined to be an affordable credit eligible individual would be required to inform the Commissioner when there is a significant change in the family income of the individual (expressed as a percentage of the FPL for a family of the size involved) and of the information regarding such change. Such mechanism shall provide for guidelines that specify the circumstances that qualify as a significant change, the verifiable information required to document such a change, and the process for submission of such information. If the Commissioner receives new information from an individual regarding the family income of the individual, the Commissioner shall provide for a redetermination of the individual’s eligibility to be an affordable credit eligible individual.CommentsClose CommentsPermalink





(3) TRANSITION FOR CHIP- In the case of a child described in section 202(d)(2), the Commissioner shall establish rules under which the family income of the child is deemed to be no greater than the family income of the child as most recently determined before Y1 by the State under title XXI of the Social Security Act.CommentsClose CommentsPermalink





(4) STUDY OF GEOGRAPHIC VARIATION IN APPLICATION OF FPL- The Commissioner shall examine the feasibility and implication of adjusting the application of the Federal poverty level under this subtitle for different geographic areas so as to reflect the variations in cost-of-living among different areas within the United States. If the Commissioner determines that an adjustment is feasible, the study should include a methodology to make such an adjustment. Not later than the first day of Y2, the Commissioner shall submit to Congress a report on such study and shall include such recommendations as the Commissioner determines appropriate.CommentsClose CommentsPermalink





(d) Penalties for Misrepresentation- In the case of an individual intentionally misrepresents family income or the individual fails (without regard to intent) to disclose to the Commissioner a significant change in family income under subsection (c) in a manner that results in the individual becoming an affordable credit eligible individual when the individual is not or in the amount of the affordability credit exceeding the correct amount--CommentsClose CommentsPermalink





(1) the individual is liable for repayment of the amount of the improper affordability credit; andCommentsClose CommentsPermalink





(2) in the case of such an intentional misrepresentation or other egregious circumstances specified by the Commissioner, the Commissioner may impose an additional penalty.CommentsClose CommentsPermalink

SEC. 246. NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS.

Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.CommentsClose CommentsPermalink

TITLE III--SHARED RESPONSIBILITYCommentsClose CommentsPermalink

Subtitle A--Individual ResponsibilityCommentsClose CommentsPermalink

SEC. 301. INDIVIDUAL RESPONSIBILITY.

For an individual’s responsibility to obtain acceptable coverage, see section 59B of the Internal Revenue Code of 1986 (as added by section 401 of this Act).CommentsClose CommentsPermalink

Subtitle B--Employer ResponsibilityCommentsClose CommentsPermalink

PART 1--HEALTH COVERAGE PARTICIPATION REQUIREMENTS

SEC. 311. HEALTH COVERAGE PARTICIPATION REQUIREMENTS.

An employer meets the requirements of this section if such employer does all of the following:CommentsClose CommentsPermalink





(1) OFFER OF COVERAGE- The employer offers each employee individual and family coverage under a qualified health benefits plan (or under a current employment-based health plan (within the meaning of section 102(b))) in accordance with section 312.CommentsClose CommentsPermalink





(2) CONTRIBUTION TOWARDS COVERAGE- If an employee accepts such offer of coverage, the employer makes timely contributions towards such coverage in accordance with section 312.CommentsClose CommentsPermalink





(3) CONTRIBUTION IN LIEU OF COVERAGE- Beginning with Y2, if an employee declines such offer but otherwise obtains coverage in an Exchange-participating health benefits plan (other than by reason of being covered by family coverage as a spouse or dependent of the primary insured), the employer shall make a timely contribution to the Health Insurance Exchange with respect to each such employee in accordance with section 313.CommentsClose CommentsPermalink

SEC. 312. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARDS EMPLOYEE AND DEPENDENT COVERAGE.

(a) In General- An employer meets the requirements of this section with respect to an employee if the following requirements are met:CommentsClose CommentsPermalink





(1) OFFERING OF COVERAGE- The employer offers the coverage described in section 311(1) either through an Exchange-participating health benefits plan or other than through such a plan.CommentsClose CommentsPermalink





(2) EMPLOYER REQUIRED CONTRIBUTION- The employer timely pays to the issuer of such coverage an amount not less than the employer required contribution specified in subsection (b) for such coverage.CommentsClose CommentsPermalink





(3) PROVISION OF INFORMATION- The employer provides the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable, with such information as the Commissioner may require to ascertain compliance with the requirements of this section.CommentsClose CommentsPermalink





(4) AUTOENROLLMENT OF EMPLOYEES- The employer provides for autoenrollment of the employee in accordance with subsection (c).CommentsClose CommentsPermalink





(b) Reduction of Employee Premiums Through Minimum Employer Contribution-CommentsClose CommentsPermalink





(1) FULL-TIME EMPLOYEES- The minimum employer contribution described in this subsection for coverage of a full-time employee (and, if any, the employee’s spouse and qualifying children (as defined in section 152(c) of the Internal Revenue Code of 1986) under a qualified health benefits plan (or current employment-based health plan) is equal to--CommentsClose CommentsPermalink





(A) in case of individual coverage, not less than 72.5 percent of the applicable premium (as defined in section 4980B(f)(4) of such Code, subject to paragraph (2)) of the lowest cost plan offered by the employer that is a qualified health benefits plan (or is such current employment-based health plan); andCommentsClose CommentsPermalink





(B) in the case of family coverage which includes coverage of such spouse and children, not less 65 percent of such applicable premium of such lowest cost plan.CommentsClose CommentsPermalink





(2) APPLICABLE PREMIUM FOR EXCHANGE COVERAGE- In this subtitle, the amount of the applicable premium of the lowest cost plan with respect to coverage of an employee under an Exchange-participating health benefits plan is the reference premium amount under section 243(c) for individual coverage (or, if elected, family coverage) for the premium rating area in which the individual or family resides.CommentsClose CommentsPermalink





(3) MINIMUM EMPLOYER CONTRIBUTION FOR EMPLOYEES OTHER THAN FULL-TIME EMPLOYEES- In the case of coverage for an employee who is not a full-time employee, the amount of the minimum employer contribution under this subsection shall be a proportion (as determined in accordance with rules of the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable) of the minimum employer contribution under this subsection with respect to a full-time employee that reflects the proportion of--CommentsClose CommentsPermalink





(A) the average weekly hours of employment of the employee by the employer, toCommentsClose CommentsPermalink





(B) the minimum weekly hours specified by the Commissioner for an employee to be a full-time employee.CommentsClose CommentsPermalink





(4) SALARY REDUCTIONS NOT TREATED AS EMPLOYER CONTRIBUTIONS- For purposes of this section, any contribution on behalf of an employee with respect to which there is a corresponding reduction in the compensation of the employee shall not be treated as an amount paid by the employer.CommentsClose CommentsPermalink





(c) Automatic Enrollment for Employer Sponsored Health Benefits-CommentsClose CommentsPermalink





(1) IN GENERAL- The requirement of this subsection with respect to an employer and an employee is that the employer automatically enroll suchs employee into the employment-based health benefits plan for individual coverage under the plan option with the lowest applicable employee premium.CommentsClose CommentsPermalink





(2) OPT-OUT- In no case may an employer automatically enroll an employee in a plan under paragraph (1) if such employee makes an affirmative election to opt out of such plan or to elect coverage under an employment-based health benefits plan offered by such employer. An employer shall provide an employee with a 30-day period to make such an affirmative election before the employer may automatically enroll the employee in such a plan.CommentsClose CommentsPermalink





(3) NOTICE REQUIREMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Each employer described in paragraph (1) who automatically enrolls an employee into a plan as described in such paragraph shall provide the employees, within a reasonable period before the beginning of each plan year (or, in the case of new employees, within a reasonable period before the end of the enrollment period for such a new employee), written notice of the employees’ rights and obligations relating to the automatic enrollment requirement under such paragraph. Such notice must be comprehensive and understood by the average employee to whom the automatic enrollment requirement applies.CommentsClose CommentsPermalink





(B) INCLUSION OF SPECIFIC INFORMATION- The written notice under subparagraph (A) must explain an employee’s right to opt out of being automatically enrolled in a plan and in the case that more than one level of benefits or employee premium level is offered by the employer involved, the notice must explain which level of benefits and employee premium level the employee will be automatically enrolled in the absence of an affirmative election by the employee.CommentsClose CommentsPermalink

SEC. 313. EMPLOYER CONTRIBUTIONS IN LIEU OF COVERAGE.

(a) In General- A contribution is made in accordance with this section with respect to an employee if such contribution is equal to an amount equal to 8 percent of the average wages paid by the employer during the period of enrollment (determined by taking into account all employees of the employer and in such manner as the Commissioner provides, including rules providing for the appropriate aggregation of related employers). Any such contribution--CommentsClose CommentsPermalink





(1) shall be paid to the Health Choices Commissioner for deposit into the Health Insurance Exchange Trust Fund, andCommentsClose CommentsPermalink





(2) shall not be applied against the premium of the employee under the Exchange-participating health benefits plan in which the employee is enrolled.CommentsClose CommentsPermalink





(b) Special Rules for Small Employers-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case of any employer who is a small employer for any calendar year, subsection (a) shall be applied by substituting the applicable percentage determined in accordance with the following table for ‘8 percent’:CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

If the annual payroll of such employer for the preceding calendar year: The applicable percentage is: CommentsClose CommentsPermalink

                                                      Does not exceed $250,000                            0 percent CommentsClose CommentsPermalink

                                Exceeds $250,000, but does not exceed $300,000                            2 percent CommentsClose CommentsPermalink

                                Exceeds $300,000, but does not exceed $350,000                            4 percent CommentsClose CommentsPermalink

                                Exceeds $350,000, but does not exceed $400,000                            6 percent CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

(2) SMALL EMPLOYER- For purposes of this subsection, the term ‘small employer’ means any employer for any calendar year if the annual payroll of such employer for the preceding calendar year does not exceed $400,000.CommentsClose CommentsPermalink





(3) ANNUAL PAYROLL- For purposes of this paragraph, the term ‘annual payroll’ means, with respect to any employer for any calendar year, the aggregate wages paid by the employer during such calendar year.CommentsClose CommentsPermalink





(4) AGGREGATION RULES- Related employers and predecessors shall be treated as a single employer for purposes of this subsection.CommentsClose CommentsPermalink

SEC. 314. AUTHORITY RELATED TO IMPROPER STEERING.

The Health Choices Commissioner (in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury) shall have authority to set standards for determining whether employers or insurers are undertaking any actions to affect the risk pool within the Health Insurance Exchange by inducing individuals to decline coverage under a qualified health benefits plan (or current employment-based health plan (within the meaning of section 102(b))) offered by the employer and instead to enroll in an Exchange-participating health benefits plan. An employer violating such standards shall be treated as not meeting the requirements of this section.CommentsClose CommentsPermalink

PART 2--SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS

SEC. 321. SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

(a) In General- Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new part:CommentsClose CommentsPermalink

‘PART 8--NATIONAL HEALTH COVERAGE PARTICIPATION REQUIREMENTS

‘SEC. 801. ELECTION OF EMPLOYER TO BE SUBJECT TO NATIONAL HEALTH COVERAGE PARTICIPATION REQUIREMENTS.

‘(a) In General- An employer may make an election with the Secretary to be subject to the health coverage participation requirements.CommentsClose CommentsPermalink





‘(b) Time and Manner- An election under subsection (a) may be made at such time and in such form and manner as the Secretary may prescribe.CommentsClose CommentsPermalink

‘SEC. 802. TREATMENT OF COVERAGE RESULTING FROM ELECTION.

‘(a) In General- If an employer makes an election to the Secretary under section 801--CommentsClose CommentsPermalink





‘(1) such election shall be treated as the establishment and maintenance of a group health plan (as defined in section 733(a)) for purposes of this title, subject to section 151 of the America’s Affordable Health Choices Act of 2009, andCommentsClose CommentsPermalink





‘(2) the health coverage participation requirements shall be deemed to be included as terms and conditions of such plan.CommentsClose CommentsPermalink





‘(b) Periodic Investigations To Discover Noncompliance- The Secretary shall regularly audit a representative sampling of employers and group health plans and conduct investigations and other activities under section 504 with respect to such sampling of plans so as to discover noncompliance with the health coverage participation requirements in connection with such plans. The Secretary shall communicate findings of noncompliance made by the Secretary under this subsection to the Secretary of the Treasury and the Health Choices Commissioner. The Secretary shall take such timely enforcement action as appropriate to achieve compliance.CommentsClose CommentsPermalink

‘SEC. 803. HEALTH COVERAGE PARTICIPATION REQUIREMENTS.

‘For purposes of this part, the term ‘health coverage participation requirements’ means the requirements of part 1 of subtitle B of title III of division A of America’s Affordable Health Choices Act of 2009 (as in effect on the date of the enactment of such Act).CommentsClose CommentsPermalink

‘SEC. 804. RULES FOR APPLYING REQUIREMENTS.

‘(a) Affiliated Groups- In the case of any employer which is part of a group of employers who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986, the election under section 801 shall be made by such employer as the Secretary may provide. Any such election, once made, shall apply to all members of such group.CommentsClose CommentsPermalink





‘(b) Separate Elections- Under regulations prescribed by the Secretary, separate elections may be made under section 801 with respect to--CommentsClose CommentsPermalink





‘(1) separate lines of business, andCommentsClose CommentsPermalink





‘(2) full-time employees and employees who are not full-time employees.CommentsClose CommentsPermalink

‘SEC. 805. TERMINATION OF ELECTION IN CASES OF SUBSTANTIAL NONCOMPLIANCE.

‘The Secretary may terminate the election of any employer under section 801 if the Secretary (in coordination with the Health Choices Commissioner) determines that such employer is in substantial noncompliance with the health coverage participation requirements and shall refer any such determination to the Secretary of the Treasury as appropriate.CommentsClose CommentsPermalink

‘SEC. 806. REGULATIONS.

‘The Secretary may promulgate such regulations as may be necessary or appropriate to carry out the provisions of this part, in accordance with section 324(a) of the America’s Affordable Health Choices Act of 2009. The Secretary may promulgate any interim final rules as the Secretary determines are appropriate to carry out this part.’.CommentsClose CommentsPermalink





(b) Enforcement of Health Coverage Participation Requirements- Section 502 of such Act (29 U.S.C. 1132) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(6), by striking ‘paragraph’ and all that follows through ‘subsection (c)’ and inserting ‘paragraph (2), (4), (5), (6), (7), (8), (9), (10), or (11) of subsection (c)’; andCommentsClose CommentsPermalink





(2) in subsection (c), by redesignating the second paragraph (10) as paragraph (12) and by inserting after the first paragraph (10) the following new paragraph:CommentsClose CommentsPermalink





‘(11) HEALTH COVERAGE PARTICIPATION REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) CIVIL PENALTIES- In the case of any employer who fails (during any period with respect to which an election under section 801(a) is in effect) to satisfy the health coverage participation requirements with respect to any employee, the Secretary may assess a civil penalty against the employer of $100 for each day in the period beginning on the date such failure first occurs and ending on the date such failure is corrected.CommentsClose CommentsPermalink





‘(B) HEALTH COVERAGE PARTICIPATION REQUIREMENTS- For purposes of this paragraph, the term ‘health coverage participation requirements’ has the meaning provided in section 803.CommentsClose CommentsPermalink





‘(C) LIMITATIONS ON AMOUNT OF PENALTY-CommentsClose CommentsPermalink





‘(i) PENALTY NOT TO APPLY WHERE FAILURE NOT DISCOVERED EXERCISING REASONABLE DILIGENCE- No penalty shall be assessed under subparagraph (A) with respect to any failure during any period for which it is established to the satisfaction of the Secretary that the employer did not know, or exercising reasonable diligence would not have known, that such failure existed.CommentsClose CommentsPermalink





‘(ii) PENALTY NOT TO APPLY TO FAILURES CORRECTED WITHIN 30 DAYS- No penalty shall be assessed under subparagraph (A) with respect to any failure if--CommentsClose CommentsPermalink





‘(I) such failure was due to reasonable cause and not to willful neglect, andCommentsClose CommentsPermalink





‘(II) such failure is corrected during the 30-day period beginning on the 1st date that the employer knew, or exercising reasonable diligence would have known, that such failure existed.CommentsClose CommentsPermalink





‘(iii) OVERALL LIMITATION FOR UNINTENTIONAL FAILURES- In the case of failures which are due to reasonable cause and not to willful neglect, the penalty assessed under subparagraph (A) for failures during any 1-year period shall not exceed the amount equal to the lesser of--CommentsClose CommentsPermalink





‘(I) 10 percent of the aggregate amount paid or incurred by the employer (or predecessor employer) during the preceding 1-year period for group health plans, orCommentsClose CommentsPermalink





‘(II) $500,000.CommentsClose CommentsPermalink





‘(D) ADVANCE NOTIFICATION OF FAILURE PRIOR TO ASSESSMENT- Before a reasonable time prior to the assessment of any penalty under this paragraph with respect to any failure by an employer, the Secretary shall inform the employer in writing of such failure and shall provide the employer information regarding efforts and procedures which may be undertaken by the employer to correct such failure.CommentsClose CommentsPermalink





‘(E) COORDINATION WITH EXCISE TAX- Under regulations prescribed in accordance with section 324 of the America’s Affordable Health Choices Act of 2009, the Secretary and the Secretary of the Treasury shall coordinate the assessment of penalties under this section in connection with failures to satisfy health coverage participation requirements with the imposition of excise taxes on such failures under section 4980H(b) of the Internal Revenue Code of 1986 so as to avoid duplication of penalties with respect to such failures.CommentsClose CommentsPermalink





‘(F) DEPOSIT OF PENALTY COLLECTED- Any amount of penalty collected under this paragraph shall be deposited as miscellaneous receipts in the Treasury of the United States.’.CommentsClose CommentsPermalink





(c) Clerical Amendments- The table of contents in section 1 of such Act is amended by inserting after the item relating to section 734 the following new items:CommentsClose CommentsPermalink

‘Part 8--National Health Coverage Participation Requirements

‘Sec. 801. Election of employer to be subject to national health coverage participation requirements.CommentsClose CommentsPermalink





‘Sec. 802. Treatment of coverage resulting from election.CommentsClose CommentsPermalink





‘Sec. 803. Health coverage participation requirements.CommentsClose CommentsPermalink





‘Sec. 804. Rules for applying requirements.CommentsClose CommentsPermalink





‘Sec. 805. Termination of election in cases of substantial noncompliance.CommentsClose CommentsPermalink





‘Sec. 806. Regulations.’.CommentsClose Comments