[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1395 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1395

 To ensure that all Americans have access to waivers from the Patient 
                  Protection and Affordable Care Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2011

  Mr. Barrasso (for himself, Mr. Alexander, Mr. Kyl, Mr. Wicker, Mr. 
  Roberts, Mr. Inhofe, Mrs. Hutchison, Mr. Cornyn, and Mr. Grassley) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To ensure that all Americans have access to waivers from the Patient 
                  Protection and Affordable Care Act.

    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 ``WAIVE Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) As of July 15, 2011, the Department of Health and Human 
        Services has approved 1,471 one-year waivers giving some 
        Americans temporary relief from onerous annual benefit limit 
        mandates included in the health care laws President Obama 
        signed on March 23, 2010, and March 30, 2010 (Public Laws 111-
        148 and 111-152).
            (2) As of July 15, 2011, these 1,471 one-year annual 
        benefit limit waivers cover 3,200,000 Americans.
            (3) Of the 3,200,000 Americans granted a one-year annual 
        benefit limit waiver by the Department of Health and Human 
        Services, approximately half (1,619,960) are union members.
            (4) On June 14, 2011, the Government Accountability Office 
        released a report titled ``Private Health Insurance: Waivers of 
        Restrictions on Annual Limits on Health Benefits''.
            (5) The Government Accountability Office report proves 
        millions of Americans had to seek waivers from the health care 
        law's annual benefit limit mandate in order to avoid double-
        digit health insurance premium increases.
            (6) The Government Accountability Office report indicates 
        the Department of Health and Human Services granted annual 
        benefit limit waivers to unions, employers, and insurers whose 
        applications projected significant premium increases of at 
        least 10 percent or more.
            (7) The Government Accountability Office report, and 
        additional academic literature, shows that the Department of 
        Health and Human Services was forced to grant special annual 
        benefit limit waivers because certain employers, unions, 
        insurers, and others cannot comply with the health care law's 
        new coverage mandates and continue offering health insurance to 
        their employees.
            (8) The Government Accountability Office data concludes 
        premiums are going up as a direct result of the health care 
        law, threatening private insurance coverage options and violate 
        the promise that ``you can keep what you have today, if you 
        like it''.
            (9) Independent analysis by the non-partisan Congressional 
        Budget Office confirms that premiums will increase by $2,100 
        per year for families buying insurance on their own, while 
        Administration officials repeatedly promised the American 
        people their costs would go down by $2,500 per year.
            (10) On June 17, 2011, the Department of Health and Human 
        Services announced plans to terminate its arbitrary annual 
        benefit limit waiver policy. Administration officials will stop 
        taking waiver applications on September 22, 2011.
            (11) While the Executive Branch did send millions of 
        postcards advertising the health care law's small business tax 
        credit, it remains unclear if similar efforts are currently 
        underway to inform small business owners about the new annual 
        benefit limit waiver process and program termination.
            (12) Any new business starting up after September 22, 2011, 
        will not have an opportunity to request and secure an annual 
        benefit limit waiver from the Department of Health and Human 
        Services. Without a waiver, these employers may not be able to 
        afford to offer any health insurance coverage to their 
        employees at all.

SEC. 3. INDIVIDUAL PPACA WAIVERS.

    (a) In General.--An individual may apply for a waiver from one or 
more of the requirements of the Patient Protection and Affordable Care 
Act (or an amendment made by that Act or a regulation promulgated under 
that Act or amendment) by submitting an application to the Secretary of 
Health and Human Services (referred to in this Act as the 
``Secretary'').
    (b) Requirements.--An application submitted under subsection (a) 
shall include the following:
            (1) The provision or provisions of the Patient Protection 
        and Affordable Care Act (or an amendment made by that Act or a 
        regulation promulgated under that Act or amendment) for which 
        the waiver is being sought.
            (2) A brief description of why compliance with the 
        provision or provisions involved would result in--
                    (A) a decrease in access to benefits that are 
                currently covered by a plan or policy in which the 
                individual is enrolled; or
                    (B) an increase in premiums to be paid by the 
                individual for such coverage.
    (c) Completion of Process.--The Secretary shall issue waivers 
within 30 days of the receipt of such application.
    (d) Guidance.--The Secretary shall issue guidance to individuals in 
how they can apply for and be granted a waiver under this section.
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