[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3358 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3358

   To provide for an exemption from the individual mandate under the 
Patient Protection and Affordable Care Act for individuals residing in 
States in which the Exchange Websites are not fully functional, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2013

  Mr. Messer introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, 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 provide for an exemption from the individual mandate under the 
Patient Protection and Affordable Care Act for individuals residing in 
States in which the Exchange Websites are not fully functional, and for 
                            other purposes.

    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 ``Fairness for Individuals Using 
Exchange Websites Act of 2013''.

SEC. 2. EXEMPTION FROM ACA INDIVIDUAL MANDATE FOR INDIVIDUALS RESIDING 
              IN STATES WITH AN EXCHANGE FOR WHICH THE WEBSITE HAS NOT 
              RECEIVED A CERTIFICATION OF FUNCTIONALITY.

    (a) HHS Certification.--The Inspector General of the Department of 
Health and Human Services shall certify the Website of an Exchange 
established under title I of the Patient Protection and Affordable Care 
Act (Public Law 111-148) once such Website is determined, based on the 
criteria specified under subsection (b), to be fully functional for the 
purpose of enrolling through such Exchange in qualified health plans 
(as defined in section 1301(a) of such Act (42 U.S.C. 18021(a))).
    (b) Criteria.--Not later than 30 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall specify criteria for determining whether the Website of an 
Exchange described in subsection (a) is fully functional for the 
purpose described in such subsection.
    (c) Special Enrollment Period Following Date of Certification.--
Section 1311(c)(6) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 18031(c)(6)) is amended--
            (1) in subparagraph (C), by striking at the end ``and'';
            (2) in subparagraph (D), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) in the case of an Exchange for which the 
                Website is certified under section 2(a) of the Fairness 
                for Individuals Using Exchange Websites Act of 2013 
                after December 31, 2013, a special enrollment period of 
                at least 3 months beginning after the date of such 
                certification.''.
    (d) Exemption From ACA Individual Mandate.--Section 5000A(e) of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new paragraph:
            ``(6) Individuals unable to enroll in a health plan 
        online.--
                    ``(A) Individuals residing in states with 
                uncertified exchange websites.--Any applicable 
                individual for any month during which the individual 
                resides in a State for which the Exchange Website is 
                not certified under section 2(a) of the Fairness for 
                Individuals Using Exchange Websites Act of 2013.
                    ``(B) Individuals residing in states with exchange 
                websites certified after december 31, 2013.--In the 
                case of an Exchange for a State with respect to which 
                the Website is certified under section 2(a) of the 
                Fairness for Individuals Using Exchange Websites Act of 
                2013 after December 31, 2013, any applicable individual 
                for any month--
                            ``(i) beginning before the last day of the 
                        special enrollment period provided by such 
                        Exchange pursuant to section 1311(c)(6)(E) of 
                        the Patient Protection and Affordable Care Act; 
                        and
                            ``(ii) during which the individual resides 
                        in such State.''.
    (e) Effective Date.--The amendments made by--
            (1) subsection (c) shall take effect as if included in the 
        enactment of section 1311 of the Patient Protection and 
        Affordable Care Act (42 U.S.C. 18031); and
            (2) subsection (d) shall take effect as if included in the 
        amendments made by section 1501 of such Act.
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