[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 418. Mr. CRUZ (for himself and Mr. Heller) submitted an amendment 
intended to be proposed to amendment SA 267 proposed by Mr. McConnell 
to the bill H.R. 1628, to provide for reconciliation pursuant to title 
II of the concurrent resolution on the budget for fiscal year 2017; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HEALTH INSURANCE COVERAGE OFFERED ACROSS STATE 
                   LINES.

       Subpart I of part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 2746. HEALTH INSURANCE COVERAGE OFFERED ACROSS STATE 
                   LINES.

       ``(a) In General.--A health insurance issuer that is 
     licensed in, and qualified to offer health insurance coverage 
     in, a primary State may offer such health insurance coverage 
     in a secondary State regardless of whether the issuer is 
     licensed to sell insurance in such secondary State. In 
     offering such health insurance coverage in the secondary 
     State, all laws governing health insurance coverage of the 
     primary State shall apply and the laws governing health 
     insurance coverage of the secondary State shall not apply.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Primary state.--The term `primary State' means, with 
     respect to health insurance coverage offered by a health 
     insurance issuer, the State designated by the issuer as the 
     State whose covered laws shall govern the health insurance 
     issuer in the sale of such coverage under this title. An 
     issuer, with respect to a particular policy, may designate 
     only one such State as its primary State with respect to all 
     such coverage it offers. Such an issuer may not change the 
     designated primary State with respect to health insurance 
     coverage once the policy is issued, except that such a change 
     may be made upon renewal of the policy. With respect to such 
     designated State, the issuer is deemed to be doing business 
     in that State.
       ``(2) Secondary state.--The term `secondary State' means, 
     with respect to health insurance coverage offered by a health 
     insurance issuer, any State that is not the primary State. In 
     the case of a health insurance issuer that is selling a 
     policy in, or to a resident of, a secondary State, the issuer 
     is deemed to be doing business in that secondary State.
       ``(3) State.--The term `State' means the 50 States and 
     includes the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.''.
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