[Congressional Record Volume 159, Number 53 (Thursday, April 18, 2013)]
[Senate]
[Pages S2799-S2800]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN:
  S. 764. A bill to amend title XXVII of the Public Health Service Act 
to require the disclosure of information regarding how certain taxes 
and fees impact the amount of premiums, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 764

       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 ``Patients' Right to Know Act 
     of 2013''.

     SEC. 2. DISCLOSURE OF HEALTH INSURANCE INFORMATION TO 
                   CONSUMERS.

       (a) In General.--Section 2715 of the Public Health Service 
     Act (42 U.S.C. 300gg-15) is amended by adding at the end the 
     following new subsection:
       ``(h) Disclosure of Health Insurance Information to 
     Consumers.--
       ``(1) In general.--A health insurance issuer or sponsor of 
     a group health plan, through its annual summary of benefits 
     and coverage explanation provided under subsection (d), 
     through an Internet website, or through some other written 
     means of communication with the consumer such as a printed 
     mailing--
       ``(A) shall include the disclosure (effective for plan 
     years beginning on or after January 1, 2016, and in addition 
     to the information required to be disclosed under this 
     section) of--
       ``(i) the applicable additional information relating to 
     fees described in paragraph (2); and
       ``(ii) the applicable additional information included under 
     paragraph (3)(D); and
       ``(B) shall not be subject to any administrative action by 
     the Secretary or by a State authority with respect to any 
     disclosure made on or after the date of the enactment of this 
     subsection of such applicable additional information if the 
     disclosure is made based upon a good faith estimates of such 
     information and is in accordance with such standards as the 
     Secretary may establish to carry out this subsection.
       ``(2) Fee information.--The additional information 
     described in this paragraph, with respect to a health 
     insurance issuer issuing health insurance coverage in the 
     individual, small, or large group market and with respect to 
     the sponsor of a group health plan, is as follows:
       ``(A) Fee on health insurance providers.--The annual fee on 
     health insurance providers under section 9010 of the Patient 
     Protection and Affordable Care Act (26 U.S.C. 4001 note).
       ``(B) PCORI tax.--Fees imposed under subchapter B of 
     chapter 34 of the Internal Revenue Code of 1986 (relating to 
     funding the Patient-Centered Outcome Research Institute).
       ``(C) Reinsurance contributions.--Reinsurance contributions 
     required under section 1341(b) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18061(b)).
       ``(D) Proposed health insurance exchange user fee.--Fees 
     imposed on health plans relating to participation in an 
     Exchange under subtitle D of title I of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18021 et seq.).
       ``(E) Risk corridor payments.--Risk corridor payments 
     required under section 1342(b)(2) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18062(b)(2)).
       ``(F) Risk adjustment charges.--Risk adjustment charges 
     imposed under section 1343(a)(1) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18063(a)(1)).

     In the case of health insurance coverage, such costs may be 
     calculated separately for such coverage in the individual 
     market, in the small group market, and in the large group 
     market for the health insurance issuer involved.
       ``(3) Other information.--

[[Page S2800]]

       ``(A) Study.--The Comptroller General of the United States 
     shall conduct a study of methods of calculating the impact on 
     average premium costs associated with each of the following:
       ``(i) Market impact of guaranteed issue and community 
     rating.--The requirement for guaranteed issuance of coverage 
     under section 2702 and community rated premiums under section 
     2701.
       ``(ii) Age rating impact.--The requirement of section 
     2701(a)(1)(A)(iii) (relating to limitations on age rating).
       ``(iii) Preventive services.--The requirement for coverage 
     of preventive services under section 2713.
       ``(iv) Minimum essential health benefits coverage.--The 
     requirement that coverage provide for at least 60 percent of 
     the actuarial value of essential health benefits under 
     section 1302(d) of the Patient Protection and Affordable Care 
     Act. (42 U.S.C. 18022(d)).
       ``(B) Consultation.--In conducting such study, the 
     Comptroller General shall consult with health insurance 
     issuers and State health insurance commissioners.
       ``(C) Report.--Not later than October 1, 2014, the 
     Comptroller General shall submit to each House of Congress 
     and the Secretary a report on the study conducted under 
     subparagraph (A).
       ``(D) Inclusion of additional information.--After 
     submission of such report, the Secretary may also include in 
     the information required to be disclosed under paragraph 
     (1)(A)(ii) information on the impact on premiums of each of 
     the requirements described in subparagraph (A).
       ``(4) Retention of state rate setting authority.--Nothing 
     in this subsection shall be construed to preempt State 
     authority to regulate, reject, alter, or require additional 
     information in support of rates for health insurance coverage 
     or oversight authority of the Secretary.
       ``(5) Disclosure to the general public.--The Secretary 
     shall make the information provided by a health insurance 
     issuer or sponsor of a group health plan as specified in 
     paragraph (2) and additional information included under 
     paragraph (3)(D) available to the general public through an 
     Internet website. In addition, such website shall include 
     information provided in the report submitted under paragraph 
     (3)(A).''.
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