[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3322 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3322

 To provide an exemption to the individual mandate to maintain health 
  coverage for certain individuals residing in service areas with no 
 health insurance issuers offering plans on an Exchange, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2016

   Mr. Flake introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide an exemption to the individual mandate to maintain health 
  coverage for certain individuals residing in service areas with no 
 health insurance issuers offering plans on an 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. HARDSHIP EXEMPTION FOR INDIVIDUALS WITH NO PLANS OFFERED ON 
              AN EXCHANGE.

    (a) In General.--
            (1) Modification of hardship exemption.--Section 
        1311(d)(4)(H) of the Patient Protection and Affordable Care Act 
        (42 U.S.C. 18031(d)(4)(H)) is amended--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) by redesignating clause (ii) as clause (iii); 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) there is no health insurance issuer 
                        offering any qualified health plan to such 
                        individual through an Exchange in the service 
                        area in which the individual resides; or''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to months beginning on or after January 1, 2017.
    (b) Short-Term Plans.--Notwithstanding any other provision of law, 
an individual who has been certified under clause (ii) of section 
1311(d)(4)(H) of the Patient Protection and Affordable Care Act (42 
U.S.C. 13031(d)(4)(H)) as exempt from the individual requirement or 
penalty under section 5000A of the Internal Revenue Code of 1986 may 
enroll in a short-term health plan for each month for which such 
certification applies, and a health insurance issuer may provide any 
such individual coverage under a short-term health plan for each such 
month, including continuous coverage in excess of 3 months and renewal 
of coverage, as applicable.
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