[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3326 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 628
114th CONGRESS
  2d Session
                                S. 3326

To give States the authority to provide temporary access to affordable 
    private health insurance options outside of Obamacare exchanges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2016

Mr. Alexander (for himself, Ms. Ayotte, Mr. Barrasso, Mr. Cochran, Mr. 
    Johnson, Mr. Kirk, Mr. Perdue, and Mr. Portman) introduced the 
             following bill; which was read the first time

                           September 15, 2016

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To give States the authority to provide temporary access to affordable 
    private health insurance options outside of Obamacare exchanges.

    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 ``State Flexibility to Provide 
Affordable Health Options Act''.

SEC. 2. TEMPORARY ACCESS TO AFFORDABLE PRIVATE HEALTH INSURANCE OPTIONS 
              OUTSIDE OF OBAMACARE EXCHANGES.

    (a) In General.--For purposes of applying the provisions of title I 
of the Patient Protection and Affordable Care Act (including the 
amendments made by that title) to a State that has made a determination 
under subsection (b), the term ``qualified health plan'' shall be 
deemed to include any health insurance plan that is authorized by the 
State to be offered in the individual or small group market in the 
State other than through the State Exchange established under title I 
of the Patient Protection and Affordable Care Act (or Federal Exchange 
in the case of a State that is not operating such an Exchange).
    (b) State Determination and Notification.--
            (1) In general.--The Governor of a State, in consultation 
        with the applicable State authority (as defined in section 
        2791(d)(1) of the Public Health Service Act (42 U.S.C. 300gg-
        91(d)(1))) of a State may make a determination that temporary 
        access to affordable private health insurance options outside 
        of an Exchange established under title I of the Patient 
        Protection and Affordable Care Act is necessary to ensure that 
        residents of the State have access to an adequate number of 
        affordable private health insurance options in the individual 
        or small group markets in such State.
            (2) Certification.--In making a determination under 
        paragraph (1), the Governor shall certify to the Secretary of 
        Health and Human Services--
                    (A) that there is at least one county (or, in the 
                case of a State that does not have counties, an 
                equivalent municipality) in the State in which none or 
                only one health insurance issuer offers, or is expected 
                to offer, coverage through the State Exchange (or 
                Federal Exchange in the case of a State that is not 
                operating such an Exchange) for the 2017 plan year; or
                    (B) the existence of other factors in the State, 
                such as increased rates or premiums for private health 
                insurance coverage offered, or expected to be offered, 
                through the State Exchange (or Federal Exchange in the 
                case of a State that is not operating such an Exchange) 
                for the 2017 plan year.
            (3) Notification.--A State shall notify the Secretary of 
        Health and Human Services of a determination under this 
        subsection not later than November 1, 2016.
    (c) Nonapplication of Individual Mandate.--Section 5000A of the 
Internal Revenue Code of 1986 shall not apply with respect to residents 
of a State that has made a determination under subsection (b) for the 
2017 plan year.
    (d) Application of Provision.--The provisions of this section shall 
only apply during the 2017 plan year.
                                                       Calendar No. 628

114th CONGRESS

  2d Session

                                S. 3326

_______________________________________________________________________

                                 A BILL

To give States the authority to provide temporary access to affordable 
    private health insurance options outside of Obamacare exchanges.

_______________________________________________________________________

                           September 15, 2016

            Read the second time and placed on the calendar