[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3741 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3741

 To provide Federal matching funding for State insurance expenditures 
                          for high-risk pools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2009

 Mr. Hoekstra introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To provide Federal matching funding for State insurance expenditures 
                          for high-risk pools.

    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 ``Assuring Coverage for Americans with 
Pre-existing Conditions Act of 2009''.

SEC. 2. FEDERAL MATCHING FUNDING FOR STATE INSURANCE EXPENDITURES.

    (a) In General.--Subject to the succeeding provisions of this 
section, each State shall receive from the Secretary of Health and 
Human Services an amount equal to 50 percent of the funds expended by 
the State in providing for the use, in connection with providing health 
benefits coverage, of a high-risk pool, a reinsurance pool, or other 
risk-adjustment mechanism used for the purpose of subsidizing the 
purchase of private health insurance.
    (b) Funding Limitation.--A State shall not receive under this 
section for a fiscal year more than a total of 50 cents multiplied by 
the average number of residents (as estimated by the Secretary) in the 
State in the fiscal year.
    (c) Administration.--The Secretary of Health and Human Services 
shall provide for the administration of this section and may establish 
such terms and conditions, including the requirement of an application, 
as may be appropriate to carry out this section.
    (d) Construction.--Nothing in this section shall be construed as 
requiring a State to operate a reinsurance pool (or other risk-
adjustment mechanism) under this section or as preventing a State from 
operating such a pool or mechanism through one or more private 
entities.
    (e) High-Risk Pool.--For purposes of this section, the term ``high-
risk pool'' means any qualified high risk pool (as defined in section 
2744(c)(2) of the Public Health Service Act).
    (f) Reinsurance Pool or Other Risk-Adjustment Mechanism Defined.--
For purposes of this section, the term ``reinsurance pool or other 
risk-adjustment mechanism'' means any State-based risk spreading 
mechanism to subsidize the purchase of private health insurance for the 
high-risk population.
    (g) High-Risk Population.--For purposes of this section, the term 
``high-risk population'' means--
            (1) individuals who, by reason of the existence or history 
        of a medical condition, are able to acquire health coverage 
        only at rates which are at least 150 percent of the standard 
        risk rates for such coverage, and
            (2) individuals who are provided health coverage by a high-
        risk pool.
    (h) State Defined.--For purposes of this section, the term 
``State'' includes the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Northern Mariana Islands.
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