113 HR 2700 IH: Health Care Waiver Fairness Act of 2013 U.S. House of Representatives 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 2700 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Rogers of Michigan (for himself, Mr. McKinley, Mr. Tiberi, Mr. Cassidy, Mr. Hall, Mr. Huizenga of Michigan, and Mr. Walberg) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Education and the Workforce, 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 concerned A BILL To amend title I of the Patient Protection and Affordable Care Act to provide for a process for waiver of requirements of that title where the requirement is asserted to otherwise result in a significant decrease in access to coverage or significant increase in premiums or other costs.

1.

Short title

This Act may be cited as the Health Care Waiver Fairness Act of 2013.

2.

PPACA waiver process

(a)

In general

Title I of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by adding at the end the following new subtitle: G

Waiver process

1601.

Establishment of waiver process

(a)

In general

The applicable authorities (as defined in subsection (c)) shall collectively establish a process (in this section referred to as the waiver process) under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a requirement under this title with respect to such plan, employer, individual, or entity. Among the requirements under this title, such process shall apply to the following: (1)Section 5000A of the Internal Revenue Code of 1986 (relating to requirement to maintain minimum essential coverage), as inserted by section 1501(b). (2)Section 6055 of the Internal Revenue Code of 1986 (relating to reporting of health insurance coverage), as inserted by section 1502(a). (3)Section 18A of the Fair Labor Standards Act of 1938 (42 U.S.C. 218a, relating to automatic enrollment for employees of large employers), as inserted by section 1511. (4)Section 18B of the Fair Labor Standards Act of 1938 (42 U.S.C. 218b, relating to notice to employees), as inserted by section 1512. (5)Section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage), as inserted by section 1513(a). (6)Section 6056 of the Internal Revenue Code of 1986 (relating to certain employers required to report on health insurance coverage), as inserted by section 1514(a). (7)Section 10108 (relating to free choice vouchers). (8)Regulations regarding the treatment of group health plans or health insurance coverage as a grandfathered health plan (as defined in section 1251(e)). (9)Section 2718(b) of the Public Health Service Act (relating to medical loss ratios), as inserted by section 1001. (b)

Waiver process

(1)

In general

The applicable authorities shall establish the waiver process consistent with the following: (A)

Notice and guidance

Public notice and guidance shall be provided regarding the process for submission of waiver requests. (B)

Standard

A waiver request with respect to the application of a requirement to a plan, employer, individual, or entity shall be accompanied by a statement that— (i)identifies the specific requirement (or requirements) to be waived; and (ii)describes how the imposition of each specific requirement for which a waiver is requested on the plan, employer, individual, or entity would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. (C)

Deemed approval

A waiver request filed that is accompanied by such a statement shall be deemed to be approved. (D)

Publication of data

The applicable authorities shall regularly publish data regarding the waiver requests received for the different requirements. (2)

Treatment of approved waivers

In the case of approval under the waiver process of a waiver request with respect to a requirement of this title and an entity, notwithstanding any other provision of law, such requirement shall not apply to such entity on and after the date of approval of the request. (3)

Relation to other exemptions and exceptions

Nothing in this section shall be construed as superceding other provisions of this title insofar as they provide for exceptions, exemptions, or other special treatment with respect to requirements under this title. (c)

Applicable authority

In this section, the term applicable authority means— (1)except as otherwise provided in this subsection, the Secretary of Health and Human Services; (2)the Secretary of Labor with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary; and (3)the Secretary of the Treasury with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary, including sections of the Internal Revenue Code of 1986 specified in subsection (a). (d)

References to requirements under this title

In this section, a reference to a requirement under this title include such a requirement under an amendment made by this title, including as amended by title X of this Act or by the provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152). (e)

Public awareness campaign

Of the amounts available in the Prevention and Public Health Fund established under section 4002, notwithstanding any other provision of law, $50,000,000 shall be available to and expended by the Secretary of Health and Human Services to conduct, in coordination with other applicable authorities, a public awareness campaign of the waiver process. Amounts made available under this subsection shall remain available until expended.

. (b)

Clerical amendment

The table of contents of such Act is amended by adding at the end of the items relating to title I the following: Subtitle G—Waiver Process Sec. 1601. Establishment of waiver process. .