[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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