[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2749 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2749

   To establish a board of directors and CEO to oversee the Federal 
     Exchange and State Exchanges, and to provide health insurance 
                               oversight.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

 Mrs. Shaheen introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To establish a board of directors and CEO to oversee the Federal 
     Exchange and State Exchanges, and to provide health insurance 
                               oversight.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCHANGE OVERSIGHT.

    Subtitle D of title I of the Patient Protection and Affordable Care 
Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the 
following:

                      ``PART 6--EXCHANGE OVERSIGHT

``SEC. 1351. BOARD OF DIRECTORS AND CEO.

    ``(a) In General.--There is established the Marketplace Health 
Insurance Corporation headed by a Chief Executive Officer and directed 
by a Board of Directors, to oversee management of the Federal Exchange 
and State Exchanges, and to provide health insurance oversight.
    ``(b) CEO.--
            ``(1) In general.--The President shall appoint a Chief 
        Executive Officer, by and with the consent of the Senate, who 
        shall be responsible for administering the Federal Exchange, 
        for overseeing State Exchanges, and for health insurance 
        oversight.
            ``(2) Authorities and duties.--The Chief Executive Officer 
        shall--
                    ``(A) report directly to the President;
                    ``(B) be accountable for implementation of the 
                Federal Exchange and oversight of the State Exchanges;
                    ``(C) be responsible for all Federal health 
                insurance oversight; and
                    ``(D) serve the public interest of individuals 
                seeking health insurance, serve businesses seeking 
                access to health coverage through the Exchanges, and 
                ensure the efficient operation and function of the 
                Exchanges.
            ``(3) Requirement.--To be eligible for appointment as Chief 
        Executive Officer, an individual shall have a background in 
        health care issues and private-sector management experience.
    ``(c) Board of Directors.--
            ``(1) Establishment.--There is established a Board of 
        Directors of the Marketplace Health Insurance Corporation.
            ``(2) Duties.--The Board of Directors shall advise the 
        Chief Executive Officer on the operation of the Federal 
        Exchange, implementation of the State Exchanges, and health 
        insurance oversight, including--
                    ``(A) the functionality of healthcare.gov (or any 
                subsequent Internet site), including SHOP exchanges;
                    ``(B) ensuring that enrollment information is 
                properly transferred from healthcare.gov (or any 
                subsequent Internet site) to State Medicaid agencies;
                    ``(C) accuracy of enrollee information submitted 
                through the Exchanges;
                    ``(D) ensuring the accuracy of advanced premium tax 
                credits;
                    ``(E) ensuring the accuracy of payment to insurers;
                    ``(F) enhancement of the consumer experience when 
                comparing plans, including out-of-pocket costs, and 
                searching for a specific provider or drug formulary;
                    ``(G) overseeing the selection of plans offered on 
                the Federal Exchange, including sufficient network 
                adequacy and transparency requirements;
                    ``(H) providing recommendations to the Secretary of 
                the Treasury with respect to the implementation of 
                section 4980H of the Internal Revenue Code of 1986 and 
                potential policy changes with respect to such section 
                and associated reporting requirements;
                    ``(I) creating an automated appeals system for 
                healthcare.gov (or any subsequent Internet site);
                    ``(J) overseeing the transition from a State 
                Exchange to the Federal Exchange;
                    ``(K) enabling online enrollment in health 
                insurance plans through the Exchanges for small 
                businesses and employee choice for employees of small 
                businesses;
                    ``(L) overseeing the Federal contracting related to 
                healthcare.gov (or any subsequent Internet site);
                    ``(M) providing recommendations to the Office of 
                Personal Management on the oversight and administration 
                of the multi-State plan program; and
                    ``(N) additional matters, as determined by the 
                Secretary of Health and Human Services, the Chief 
                Executive Officer, or President.
            ``(3) Membership.--The Board of Directors shall be 
        comprised of the following:
                    ``(A) The Secretary of Health and Human Services.
                    ``(B) The Administrator of the Centers for Medicare 
                & Medicaid Services.
                    ``(C) The Commissioner of the Internal Revenue 
                Service.
                    ``(D) The Administrator of the Small Business 
                Administration.
                    ``(E) Three representatives of the private sector 
                who have demonstrated knowledge in individual health 
                care coverage, small employer health care coverage, 
                administering a public or private health care delivery 
                system, operating complex information system 
                technologies, or promoting health and wellness, 
                appointed by the Comptroller General of the United 
                States.
            ``(4) Terms.--
                    ``(A) Officers of the federal government.--Each 
                member of the Board of Directors described in 
                subparagraphs (A) through (D) of paragraph (3) shall 
                serve for a term that is concurrent with the member's 
                term as an officer within the Federal department or 
                agency.
                    ``(B) Other members.--Each member of the board 
                described in paragraph (3)(E) shall be appointed for a 
                term of 3 years and may be reappointed for a term of an 
                additional 2 years.
            ``(5) Chairperson.--The Secretary of Health and Human 
        Services shall serve as Chair of the Board of Directors.
    ``(d) Technical Advisory Committee.--
            ``(1) In general.--To assist the Chief Executive Officer 
        and Board of Directors in carrying out their duties, the Board 
        of Directors shall establish a technical advisory committee.
            ``(2) Membership.--The technical advisory committee shall 
        be comprised of the following:
                    ``(A) One technical expert from the Centers for 
                Medicare & Medicaid Administration.
                    ``(B) One representative of the health insurance 
                industry.
                    ``(C) One representative of health care consumer 
                groups.
                    ``(D) One representative of the National 
                Association of Insurance Commissioners.
                    ``(E) One representative of the State Medicaid 
                agencies.
                    ``(F) One representative from the small business 
                community.
                    ``(G) One representative of Federal information 
                technology contractors involved in the operation and 
                development of healthcare.gov (or any subsequent 
                Internet site).
                    ``(H) At the discretion of the Chair of the Board 
                of Directors, up to 2 additional members, selected by 
                the Chair and approved by the Chief Executive Officer.
            ``(3) Chair.--The Chair of the Board of Directors shall 
        appoint one member of the technical advisory committee to serve 
        as Chair of such committee.
            ``(4) Terms.--Each member of the technical advisory 
        committee shall be appointed for a term of 3 years and may be 
        reappointed for a term of an additional 2 years.
    ``(e) Work Plan and Report.--
            ``(1) Work plan.--Not later than 3 months after the date of 
        enactment of this section, the Chief Executive Officer, in 
        cooperation with the Board of Directors, shall develop a work 
        plan with respect to duties described in subsection (c)(2), 
        indicating the priority and schedule the Board of Directors 
        will take in addressing such duties. The work plan shall be 
        displayed on healthcare.gov (or any subsequent Internet site).
            ``(2) Annual report.--Not later than February 1 of each 
        year, the Chief Executive Officer, in consultation with the 
        Board of Directors, shall submit an annual report to the 
        President and Congress on the status of the Federal Exchange 
        and related insurance oversight, including progress made on the 
        duties of the Chief Executive Officer and Board of Directors 
        under subsection (c)(2) and remaining issues to be addressed to 
        enhance the functionality of healthcare.gov (or any subsequent 
        Internet site).''.
                                 <all>