[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3884 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3884

To amend section 1311(a) of the Patient Protection and Affordable Care 
  Act to provide for the recoupment and reallocation of unspent State 
                  grant funds, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2014

Mr. Pascrell (for himself, Mr. Michaud, and Mr. Pallone) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To amend section 1311(a) of the Patient Protection and Affordable Care 
  Act to provide for the recoupment and reallocation of unspent State 
                  grant funds, 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 ``Ensuring Full Use of Federal Health 
Care Funding Act of 2014''.

SEC. 2. RECOUPMENT AND REALLOCATION OF FEDERAL SECTION 1311 ACA GRANT 
              FUNDS.

    Section 1311(a) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 18031(a)) is amended--
            (1) in paragraph (1), by inserting before the period at the 
        end the following: ``and to make grants under paragraph (7) to 
        qualified entities in a State from funds recouped under 
        paragraph (6) from that State'';
            (2) in paragraph (2), by adding at the end the following: 
        ``Not later than May 1, 2014, the Secretary shall determine the 
        recoupment amount under paragraph (6) for each State and the 
        amounts that will be made so available for grants under 
        paragraph (7) for qualified entities in each State.'';
            (3) in paragraph (3), by adding at the end the following: 
        ``A qualified entity awarded a grant under paragraph (7) shall 
        use such grant for activities consistent with subparagraph (C) 
        of such paragraph.''; and
            (4) by adding at the end the following new paragraphs:
            ``(6) Recoupment of unexpended funds.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall recoup any funds awarded to a State 
                under this subsection to the extent that such funds are 
                not obligated by the State for expenditure before April 
                1, 2014.
                    ``(B) Exception.--The Secretary may, in the 
                Secretary's discretion, decide not to recoup the funds 
                of a State under subparagraph (A) if the State has 
                submitted to the Secretary and the Secretary has 
                approved, before March 31, 2014, a plan for spending 
                such funds in accordance with this subsection in a 
                timely manner.
            ``(7) Application of recouped funds for grants to other 
        entities within a state.--
                    ``(A) In general.--Insofar as the Secretary recoups 
                funds under paragraph (6) from a State, the Secretary 
                shall use all such funds to make grants, before the 
                beginning of the open enrollment period for 2015, to 
                qualified entities under subparagraph (B) to carry out 
                activities in the State consistent with subparagraph 
                (C).
                    ``(B) Eligibility.--
                            ``(i) In general.--To be eligible to 
                        receive a grant under this paragraph with 
                        respect to a State, an entity shall demonstrate 
                        to the Secretary that the entity--
                                    ``(I) has (or can readily and on a 
                                timely basis establish) relationships 
                                with employers and employees, consumers 
                                (including uninsured and underinsured 
                                consumers), or self-employed 
                                individuals in the State that are 
                                likely to be qualified to enroll in 
                                coverage options made available through 
                                an Exchange in the State;
                                    ``(II) is capable of carrying out 
                                the activities described in 
                                subparagraph (C) for which a grant is 
                                being granted;
                                    ``(III) meets the standards 
                                described in clause (iii); and
                                    ``(IV) provides information 
                                consistent with standards developed 
                                under clause (iv).
                            ``(ii) Types of qualified entities.--Such 
                        an entity may be a trade, industry, and 
                        professional association, commercial fishing 
                        industry organization, ranching and farming 
                        organization, community and consumer-focused 
                        nonprofit group, chamber of commerce, union, 
                        resource partner of the Small Business 
                        Administration, and other licensed insurance 
                        agent or broker, and another entity, so long as 
                        it meets the requirements of clause (i).
                            ``(iii) Entity standards.--The Secretary 
                        shall establish standards for qualified 
                        entities under this subparagraph relating to 
                        their qualification to engage in the outreach, 
                        education, and enrollment activities described 
                        in subparagraph (C) and to avoid conflicts of 
                        interest. Under such standards, a qualified 
                        entity shall not--
                                    ``(I) be a health insurance issuer; 
                                or
                                    ``(II) receive any consideration 
                                directly or indirectly from any health 
                                insurance issuer in connection with the 
                                enrollment of any qualified individuals 
                                or employees of a qualified employer in 
                                a qualified health plan.
                            ``(iv) Fair and impartial information and 
                        services.--The Secretary shall develop 
                        standards to ensure that information made 
                        available by qualified entities under a grant 
                        under this paragraph is fair, accurate, and 
                        impartial.
                    ``(C) Use of grants.--Grants under this paragraph 
                may be used for any of the purposes or activities for 
                which a grant to a State under this subsection may be 
                used, including the following:
                            ``(i) Non-navigator assistance personnel.--
                        To build and fund operations of an in-person 
                        assistance personnel (IPA) program (also known 
                        as `non-Navigator assistance personnel').
                            ``(ii) Outreach.--To coordinate with other 
                        health and human services organizations in the 
                        State to broaden outreach (such as Marketplace 
                        information on applications for other programs, 
                        websites, emails or through IPA call centers) 
                        to individuals eligible to enroll in qualified 
                        health plans through the Exchange operating in 
                        the State.
                            ``(iii) Marketing.--To produce and 
                        disseminate marketing and campaign materials, 
                        including brochures, direct mail, print ads, 
                        social media and digital and online ads, and TV 
                        and radio buys, such materials subject to 
                        approval by the Secretary.''.
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