[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5856 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5856

 To amend the Patient Protection and Affordable Care Act to allow sole 
 proprietors and the spouses and domestic partners of sole proprietors 
  to purchase insurance on the small business exchange, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

  Mr. Sean Patrick Maloney of New York introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Patient Protection and Affordable Care Act to allow sole 
 proprietors and the spouses and domestic partners of sole proprietors 
  to purchase insurance on the small business exchange, 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 ``Mom and Pop SHOP Act of 2016'', the 
``Mom and Mom SHOP Act of 2016'', or the ``Pop and Pop SHOP Act of 
2016''.

SEC. 2. ALLOWING SOLE PROPRIETORS AND THEIR SPOUSES AND DOMESTIC 
              PARTNERS TO PURCHASE INSURANCE ON THE PPACA SMALL 
              BUSINESS EXCHANGE.

    (a) Treating Sole Proprietors and Their Spouses and Domestic 
Partners as Qualified Employers in Small Business Exchange.--Section 
1312(f)(2)(A) of the Patient Protection and Affordable Care Act (42 
U.S.C. 18032(f)(2)(A)) is amended by adding at the end the following 
new sentence: ``For purposes of section 1311, the reference to a `small 
employer' in the preceding sentence includes an individual (and the 
spouse or domestic partner of such individual, if any) who owns, or who 
is a partner in, a trade or business that has no employees and that is 
not an S corporation (as defined in section 1361(a)(1) of the Internal 
Revenue Code of 1986).''
    (b) Treating Sole Proprietors and Their Spouses and Domestic 
Partners as Small Employers in Small Business Exchange.--Section 
1304(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 
18024(b)(2)) is amended by adding at the end the following new 
sentence: ``For purposes of section 1311, such term also includes an 
individual (and the spouse or domestic partner of such individual, if 
any) who owns, or who is a partner in, a trade or business that has no 
employees and that is not an S corporation (as defined in section 
1361(a)(1) of the Internal Revenue Code of 1986).''
    (c) Treating Health Plans for Sole Proprietors and Their Spouses 
and Domestic Partners as Group Health Plans in Small Business 
Exchange.--Section 1304(a)(3) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18024(a)(3)) is amended by adding at the end the 
following new sentence: ``In determining whether a health plan is a 
`group health plan' under the preceding sentence for purposes of 
section 1311, an individual (and the spouse or domestic partner of such 
individual, if any) who owns, or who is a partner in, a trade or 
business shall be considered both an employer and an employee of such 
trade or business.''
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