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Commonsense Competition and Access to Health Insurance Act

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Posted (edited)

IN THE SENATE

 

Mr. Zamora (for himself, Mr. Kahuhu, and Mr. Maynard, with thanks to Mr. Warner of Virginia) introduced the following bill;

A BILL

 

To amend the Patient Protection and Affordable Care Act to provide greater flexibility in offering health insurance coverage across State lines.

 

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


SECTION 1. SHORT TITLE.

This Act may be cited as the “Commonsense Competition and Access to Health Insurance Act”.

 

SECTION 2. PROVIDING SMALL BUSINESS HEALTH INSURANCE ACROSS STATE LINES.

Section 1333(a)(1)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18053(a)(1)(A)) is amended by inserting “and small group markets” after “individual markets”.

 

SECTION 3. REPORT AND MODELS.

Section 1333 of the Patient Protection and Affordable Care Act (42 U.S.C. 18053) is amended by adding at the end the following:

“(b) NAIC Report And Models.—

“(1) IN GENERAL.—Not later than December 31, 2018, the Secretary shall request that the National Association of Insurance Commissioners submit to the Secretary a report concerning health plans provided for under this section. Such report shall include—

“(A) a description of the challenges that States would face by permitting issuers of qualified health plans to offer such plans in States other than those States where such plan was originally written or issued;

“(B) an assessment of how an out-of-State insurer would go about building an adequate provider network;

“(C) a description of how such challenges could be lessened without weakening the enforcement of laws and regulations described in subsection (a)(1)(B)(i) in any State that is included in a compact under this section;

“(D) a description of the commonalities that exist in State laws and opportunities to allow issuers of qualified health plans to offer such plans in States other than those States where such plan was originally written or issued; and

“(E) models to be used by States to establish and enter into interstate health care choice compacts under this section, which—

“(i) may include model legislation for use by States to enact laws to enter into such compacts;

“(ii) shall identify how States would continue to enforce, and not weaken, the laws and regulations described in subsection (a)(1)(B)(i) in any State that is included in such compact; and

“(iii) shall identify how such models would ensure that there is no violation of the conditions for Secretarial approval under subsection (a)(3).

“(2) OTHER ORGANIZATIONS AND ENTITIES.—In making the request under paragraph (1), the Secretary may also request that the National Association of Insurance Commissioners gather concepts for inclusion in the report under such paragraph from organizations and entities that have experience in offering qualified health plans in States in which such plans were not originally issued.”.

 

PES

This bill amends the Patient Protection and Affordable Care Act to permit states to enter into interstate health care choice compacts under which qualified health plans may be offered in the small group market in all participating states while being subject to the laws and regulations of only the state in which the plan was written or issued. (Currently, interstate health care choice compacts apply to only qualified health plans in the individual market.)

The Department of Health and Human Services (HHS) must request that the National Association of Insurance Commissioners (NAIC) report on health plans provided for under interstate health care choice compacts. HHS may also request that the NAIC include in the report concepts gathered from entities that have experience in offering qualified health plans in states in which those plans were not originally issued.

Edited by Recks

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