1.This Act may be cited as
the WAIVE
Act
.
2.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.
3.
(a)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)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)The Secretary shall issue waivers within 30 days of the
receipt of such application.
(d)The
Secretary shall issue guidance to individuals in how they can apply for and be
granted a waiver under this section.