ABNORMAL structures of body causes by congenital defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on
Index of Sec 108. ...ABNORMAL structures of body causes by congenital defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on
Index of Sec 108. ...ABNORMAL structures of body causes by congenital defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on
Index of Sec 108. ...ACCEPTABLE coverage ; Secretary developing procedures to provide for transition of eligible individuals enrolled in health insurance coverage offered through high-risk pool established under section to be enrolled in
Index of Sec 101. ...ACCEPTABLE coverage or date on which individual becoming eligible for health insurance coverage through Health Insurance Exchange ; Extending to earlier of date on which individual becoming eligible for
Index of Sec 113. ...ACCOUNT special circumstances of smaller plans, different types of plans and newer plans ; Methodolology to be designed to take into
Index of Sec 102. ...ACCOUNT ; Participating employment-based plan taking into
Index of Sec 111. ...ACCOUNT under subsection ; Purposes of section, costs paid or incurred by employer for food or health insurance not to be taken into
Index of Sec 112. ...ACTUARIAL value of benefit package being greater than 5 percent ; Term substantial meaning increase in total premium share or decrease in
Index of Sec 110. ...ADMINISTRATIVE simplification as identified by Secretary in consulations with stakeholders ; Providing for other requirements relating to
Index of Sec 115. ...ADMINISTRATIVE simplification ; Entity focusing mission on
Index of Sec 115. ...ADMINISTRATIVE simplification provisions of part and Health Insurance Portability and Accountability Act of 1996 ; Secretary promulgating annual audit and certification process to ensure that health plans and clearinghouses being syntactically and functionally compliant standard transactions mandated pursuant to
Index of Sec 115. ...ASSESSMENT against issuers for pool losses ; Case of State required health insurance issuers to contribute to State high-risk pool or similar arrangement for
Index of Sec 101. ...RETIREMENT unless reduction being made with respect to active participants ; Reduction affecting benefits provided to participant or beneficiary as of date participant retired for purposes of plan and reduction occuring after participant's
Index of Sec 110. ...HEALTH plan to reduce benefits provided to retired participant or participant's beneficiary under terms of plan if reduction of benefits occuring after date participant retired for purposes of plan and reducing benefits provided to participant or participant's beneficiary ; Prohibiting for group
Index of Sec 110. ...COBRA continations coverage extended under section to State health benefits risking pool recognized by Commissioner for purposes of section solely by reason of extension of coverage beyond date on which coverage otherwise to have expired ; Provision having effect of limiting or precluding access by qualified beneficiary whose
Index of Sec 113. ...EMPLOYEES' beneficiary association or committee or board of individuals appointed to administer plan ; Former employers or employee organizations or associations or voluntary
Index of Sec 111. ...BENEFICIARY identification card or similar mechanism ; Including whether individual being eligible for specific service with specific physician at specific facility including utilization of machine-readable health plan
Index of Sec 115. ...JURISDICTION ; Enforcement process including timely investigation of complaints, random audits to ensure compliance, civil monetary and programmatic penalties for noncompliance consistent with existing laws and regulations and fair and reasonable appeals processing building off of enforcement provisions under part and concurrent State enforcement
Index of Sec 115. ...ADMINISTRATIVE simplification provisions of part and Health Insurance Portability and Accountability Act of 1996 ; Secretary promulgating annual audit and certification process to ensure that health plans and clearinghouses being syntactically and functionally compliant standard transactions mandated pursuant to
Index of Sec 115. ...CHILD'S congenital or developmental deformity or disorder ; Sec 715, standards relating to Benefits for minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 9814, standards relating to Benefits for minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 2708, standards relating to Benefits for minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 2755, standards relating to Benefits for minor
Index of Sec 108. ...CHILD means with respect to participant in group health plan or group health insurance coverage ; Term qualified
Index of Sec 105. ...CHILD means with respect to participant in group health plan or group health insurance coverage ; Term qualified
Index of Sec 105. ...CHILD means with respect to participant in group health plan ; Term qualified
Index of Sec 105. ...COBRA continations coverage after date of enactment of Act ; Cobra continations coverage provision covered under
Index of Sec 113. ...COBRA continations coverage to individuals under paragraph ; Secretary of Labor providing rules setting forth form and manner in which prompt notice to individuals of continued availability of
Index of Sec 113. ...COBRA continations coverage extended under subsection terminating upon occurrence of terminating event specified in applicable continations coverage provision other than expiration of period of specified number of months ; Required period of
Index of Sec 113. ...COBRA continations coverage meaning continations coverage provided pursuant to part 6 of subtitle B of title I of Employee Retirement Income Security Act of 1974 ; Term
Index of Sec 113. ...COBRA continations coverage extended under section to State health benefits risking pool recognized by Commissioner for purposes of section solely by reason of extension of coverage beyond date on which coverage otherwise to have expired ; Provision having effect of limiting or precluding access by qualified beneficiary whose
Index of Sec 113. ...COBRA continations coverage after date of enactment of Act ; Cobra continations coverage provision covered under
Index of Sec 113. ...COBRA continations provision meaning provisions of law described in paragraph ; Term
Index of Sec 113. ...COINSURANCE or other out-of-pocket costs for plan participants and beneficiaries ; Amounts paid to participating employment-based plan under subsection only to be used to reduce costs of health care provided by plan by reducing premium costs for employer or employee association maintaining plan and reducing premium contributions, deductibles, copayments,
Index of Sec 111. ...COINSURANCE to be included along with amounts paid by participating employment-based plan ; Dependent of retiree in form of deductibles, copayments and
Index of Sec 111. ...COLLECTIVE bargaining agreements relating to plan terminating ; Date on which last of
Index of Sec 106. ...COLLECTIVE bargaining agreements between employee representatives and 1 or more employers ratified before date of enactment of Act ; Case of group health plan maintained pursuant to 1 or more
Index of Sec 106. ...ROBUST requiring minimal augmentation by paper transactions or clarifiations by further communications ; Efficient and
Index of Sec 115. ...CIVIL monetary and programmatic penalties for noncompliance consistent with existing laws and regulations and fair and reasonable appeals processing building off of enforcement provisions under part and concurrent State enforcement jurisdiction ; Enforcement process including timely investigation of complaints, random audits to ensure compliance,
Index of Sec 115. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 715, standards relating to Benefits for minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 9814, standards relating to Benefits for minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 2708, standards relating to Benefits for minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity or disorder ; Sec 2755, standards relating to Benefits for minor
Index of Sec 108. ...CONGENITAL defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on abnormal structures of body causes by
Index of Sec 108. ...CONGENITAL defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on abnormal structures of body causes by
Index of Sec 108. ...CONGENITAL defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on abnormal structures of body causes by
Index of Sec 108. ...CONSTRAINTS for electronic transactions including companion guides ; Permitting no additions or
Index of Sec 115. ...CONTRACT health care service purchasing options for group plan sponsors ; Business and consumer collaborative providing direct
Index of Sec 114. ...CONTRACT health care service purchasing options for group plan sponsors ; Business and consumer collaborative providing direct
Index of Sec 114. ...COINSURANCE or other out-of-pocket costs for plan participants and beneficiaries ; Amounts paid to participating employment-based plan under subsection only to be used to reduce costs of health care provided by plan by reducing premium costs for employer or employee association maintaining plan and reducing premium contributions, deductibles, copayments,
Index of Sec 111. ...CONTRIBUTIONS to fund plan ; Active employee of employer maintaining plan or employer making making substantial
Index of Sec 111. ...COSMETIC surgery performed to reshape normal structures of body to improve appearance or self-esteem ; Term not including
Index of Sec 108. ...COSMETIC surgery performed to reshape normal structures of body to improve appearance or self-esteem ; Term not including
Index of Sec 108. ...COSMETIC surgery performed to reshape normal structures of body to improve appearance or self-esteem ; Term not including
Index of Sec 108. ...DEFICIT ; Secretary making adjustments as necessary to eliminate
Index of Sec 101. ...DEVELOPMENTAL abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on abnormal structures of body causes by congenital defects,
Index of Sec 108. ...DEVELOPMENTAL abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on abnormal structures of body causes by congenital defects,
Index of Sec 108. ...DEVELOPMENTAL abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on abnormal structures of body causes by congenital defects,
Index of Sec 108. ...DISENROLL from health benefiting coverage prior to enrolling in program ; Issuer or employment-based health plan to be responsible for reimbursing program for medical expenses incurred by program for individual Secretary finds encouraged by issuer to
Index of Sec 101. ...DOCUMENTATION of actual costs of items and services For which claim submitted ; Participating employment-based plan submitting claims for reimbursement to Secretary containing
Index of Sec 111. ...DOMESTIC violence from treated as preexisting CONDITIONS ; Sec 107 prohibiting Acts of
Index of Sec 107. ...DOMESTIC violence after relating to pregnancy ; Inserting or
Index of Sec 107. ...DOMESTIC violence after relating to pregnancy ; Inserting or
Index of Sec 107. ...DOMESTIC violence as preexisting condition ; Prohibition on
Index of Sec 107. ...DOMESTIC violence after relating to pregnancy ; Inserting or
Index of Sec 107. ...ELECTRONIC funds transferring under section 1173a ; Payment being other than electronic funds transferring so long as Secretary adopting and implementing standard for
Index of Sec 115. ...ELECTRONIC transaction deemed appropriate by Secretary ; Response and status reporting applicable to
Index of Sec 115. ...ELECTRONIC transaction with health care providers quickly and efficiently enrolling with health plan to conduct other electronic transactions provided in part ; Requiring use of standard
Index of Sec 115. ...ELECTRONIC transaction to be populated from data from paper version ; Equivalent
Index of Sec 115. ...CONSTRAINTS for electronic transactions including companion guides ; Permitting no additions or
Index of Sec 115. ...ELECTRONIC transactions provided in part ; Requiring use of standard electronic transaction with health care providers quickly and efficiently enrolling with health plan to conduct other
Index of Sec 115. ...ELECTRONIC transactions ; Volunteer to participate in process of seting standards for
Index of Sec 115. ...ELIGIBILITY for health plan and health claiming status under section to be adopted not later than October 1, 2011 ; Including operating rules for transactions for
Index of Sec 115. ...ELIGIBILITY determinations making by Secretary under section ; Respect to
Index of Sec 101. ...COLLECTIVE bargaining agreements between employee representatives and 1 or more employers ratified before date of enactment of Act ; Case of group health plan maintained pursuant to 1 or more
Index of Sec 106. ...CONTRIBUTIONS to fund plan ; Active employee of employer maintaining plan or employer making making substantial
Index of Sec 111. ...LITERACY skills ; Requiring health literacy component to provide special assistance and materials to employees with low
Index of Sec 112. ...PLANNING, onsite delivery, evaluation and improvement efforts ; Employee engagement component providing for active engagement of employees in worksite wellness programs through worksite assessments and program
Index of Sec 112. ...EMPLOYEES' beneficiary association or committee or board of individuals appointed to administer plan ; Former employers or employee organizations or associations or voluntary
Index of Sec 111. ...COINSURANCE or other out-of-pocket costs for plan participants and beneficiaries ; Amounts paid to participating employment-based plan under subsection only to be used to reduce costs of health care provided by plan by reducing premium costs for employer or employee association maintaining plan and reducing premium contributions, deductibles, copayments,
Index of Sec 111. ...PLANNING, onsite delivery, evaluation and improvement efforts ; Employee engagement component providing for active engagement of employees in worksite wellness programs through worksite assessments and program
Index of Sec 112. ...EMPLOYEES' beneficiary association or committee or board of individuals appointed to administer plan ; Former employers or employee organizations or associations or voluntary
Index of Sec 111. ...HEALTH outcomes ; Including strategies focusing on prevention and support for employee populations at risk of poor
Index of Sec 112. ...FINANCIAL consideations for disenrolling from coverage ; Provision by employer, group health plan or issuer of money or other
Index of Sec 101. ...GENERAL revenues by employer or employee association maintaining plan or other purposes ; Amounts paid to plan under subsection not to be used as
Index of Sec 111. ...ACCOUNT under subsection ; Purposes of section, costs paid or incurred by employer for food or health insurance not to be taken into
Index of Sec 112. ...EMPLOYEES' beneficiary association or committee or board of individuals appointed to administer plan ; Former employers or employee organizations or associations or voluntary
Index of Sec 111. ...HEALTH literacy curricula, instructional programs and effective intervention strategies ; Requiring Secretaries to compile and disseminate to employer health planing information on model
Index of Sec 112. ...HEALTH promotion and wellness programs ; Consistent with evidence-based research and best practices as identified by persons with expertise in employer
Index of Sec 112. ...EMPLOYMENT-based health plan ; Person in waiting period as defined in section 2701(b)(4) of Public Health Service Act not to be considered to be eligible for coverage under
Index of Sec 101. ...EMPLOYMENT-based plans with cost of providing health benefits to retirees and eligible spouses surviving spouses and dependents of retirees ; Secretary of Health and Human Services establishing temporary reinsurance program to provide reimbursement to assist participating
Index of Sec 111. ...EMPLOYMENT-based plan meaning eligible employment-based plan participating in reinsurance program ; Term participating
Index of Sec 111. ...EMPLOYMENT-based plans to appeal determination of Secretary with respect to claims submitted under section ; Appeals processing to permit participating
Index of Sec 111. ...EMPLOYMENT-based plans under section to ensure ; Secretary conducting annual audits of claims data submitted by participating
Index of Sec 111. ...EMPLOYMENT based health benefits provided to retiree or spouse surviving spouse ; Claim submitted under subparagraph to be based on actual amount expended by participating employment-based plan involved within plan year for appropriate
Index of Sec 111. ...EMPLOYMENT-based health plan ; Term eligible employment-based plan meaning group health plan or
Index of Sec 111. ...EMPLOYMENT-based plan participating in reinsurance program ; Term participating employment-based plan meaning eligible
Index of Sec 111. ...EMPLOYMENT-based plan submitting to Secretary application for participation in program and containing information as Secretary requiring ; Eligible
Index of Sec 111. ...EMPLOYMENT-based health plan ; Term eligible employment-based plan meaning group health plan or
Index of Sec 111. ...DISENROLL from health benefiting coverage prior to enrolling in program ; Issuer or employment-based health plan to be responsible for reimbursing program for medical expenses incurred by program for individual Secretary finds encouraged by issuer to
Index of Sec 101. ...EMPLOYMENT-based health plan ; Case of prior coverage obtained directly from issuer or
Index of Sec 101. ...EMPLOYMENT-based health plans discouraging individual from remaining enrolled in prior coverage based on individual's health status ; Secretary establishing criteria for determining whether health insurance issuers and
Index of Sec 101. ...EMPLOYMENT-based health plan, only costs attributable to qualified wellness program and not to health plan or health insurance coverage offered in connection plan ; Case of qualified wellness program offered as part of
Index of Sec 112. ...DOCUMENTATION of actual costs of items and services For which claim submitted ; Participating employment-based plan submitting claims for reimbursement to Secretary containing
Index of Sec 111. ...EMPLOYMENT based health benefits provided to retiree or spouse surviving spouse ; Claim submitted under subparagraph to be based on actual amount expended by participating employment-based plan involved within plan year for appropriate
Index of Sec 111. ...EMPLOYMENT-based plan submitting valid claim under paragraph ; Secretary determining that participating
Index of Sec 111. ...COINSURANCE or other out-of-pocket costs for plan participants and beneficiaries ; Amounts paid to participating employment-based plan under subsection only to be used to reduce costs of health care provided by plan by reducing premium costs for employer or employee association maintaining plan and reducing premium contributions, deductibles, copayments,
Index of Sec 111. ...EXPENDITURES under reinsurance program not exceeding funds available under subsection ; Secretary having authority to stop taking applications for participation in program or taking other steps in reducing expenditures under reinsurance program in order to ensure that
Index of Sec 111. ...FINANCIAL consideations for disenrolling from coverage ; Provision by employer, group health plan or issuer of money or other
Index of Sec 101. ...FINANCIAL consideations for disenrolling from coverage ; Provision by issuer or plan of money or other
Index of Sec 101. ...FINANCIAL hardship in complying with requirement ; Secretary waiving requirement of subparagraph if State demonstrating to Secretary
Index of Sec 114. ...FINANCIAL reward for participation of individual in program so long as reward not tying to premium or cost-sharing of individual under health benefiting plan ; Providing
Index of Sec 112. ...FRAUD, waste and abuse under program ; Establishing procedures to protect against
Index of Sec 101. ...FRAUD, waste and abuse under program ; Procedures to protect against
Index of Sec 111. ...FRAUD and abuse ; State or Federal law or protecting against
Index of Sec 115. ...FRAUD described in subsection ; Health insurance issuer rescinding group health insurance coverage only upon clear and convincing evidence of
Index of Sec 103. ...FRAUD described in subsection ; Health insurance issuer rescinding individual health insurance coverage only upon clear and convincing evidence of
Index of Sec 103. ...GENERAL revenues by employer or employee association maintaining plan or other purposes ; Amounts paid to plan under subsection not to be used as
Index of Sec 111. ...GUIDANCE implementing amendments making by paragraphs and external third-party review ; Secretary of Health and Human Services issuing
Index of Sec 103. ...GUIDANCE issued by Secretary under section 2742(f) ; Coverage remaining in effect until third party determining that coverage to be rescinded under
Index of Sec 103. ...GUIDANCE regarding rescissions ; Secretarial
Index of Sec 103. ...HEALTH benefiting coverage prior to enrolling in program ; Issuer or employment-based health plan to be responsible for reimbursing program for medical expenses incurred by program for individual Secretary finds encouraged by issuer to disenroll from
Index of Sec 101. ...HEALTH benefiting plan ; Providing financial reward for participation of individual in program so long as reward not tying to premium or cost-sharing of individual under
Index of Sec 112. ...HEALTH flexible spending arrangement under cafeteria plan within meaning of section 125 of Internal Revenue Code of 1986 ; Term not including coverage under
Index of Sec 113. ...HEALTH claiming attachment transaction described in section 1173(a)(2)(b) of Social Security Act 42 USC 1320d-2(a)(2)(b) and coordination of benefits ; Final rule to establish standard for
Index of Sec 115. ...HEALTH benefits to eligible individuals during period beginning on January 1, 2010 and subject to subsection ; Secretary of Health and Human Services establishing temporary national high-risk pool program to provide
Index of Sec 101. ...HEALTH benefits under section to eligible individual residing in State ; Condition of providing
Index of Sec 101. ...HEALTH benefits to retirees and eligible spouses surviving spouses and dependents of retirees ; Secretary of Health and Human Services establishing temporary reinsurance program to provide reimbursement to assist participating employment-based plans with cost of providing
Index of Sec 111. ...HEALTH benefits provided to retiree or spouse surviving spouse ; Claim submitted under subparagraph to be based on actual amount expended by participating employment-based plan involved within plan year for appropriate employment based
Index of Sec 111. ...HEALTH benefits ; Group health plan containing provision reserving general power to amend or terminate plan or provision specifically authorizing plan to make post-retirement reductions in retiree
Index of Sec 110. ...HEALTH benefits risking pool described in section 2701(c)(1)(g) of Public Health Service Act ; Coverage under State
Index of Sec 101. ...HEALTH benefits risking pool recognized by Commissioner for purposes of section solely by reason of extension of coverage beyond date on which coverage otherwise to have expired ; Provision having effect of limiting or precluding access by qualified beneficiary whose cobra continations coverage extended under section to State
Index of Sec 113. ...ELECTRONIC transactions provided in part ; Requiring use of standard electronic transaction with health care providers quickly and efficiently enrolling with health plan to conduct other
Index of Sec 115. ...HEALTH care providers and other interested parties ; Secretary of Health and Human Services promulgating interim final rule to establish unique health plan identifier described in section 1173(b) of Social Security Act 42 USC 1320d-2(b) based on input of National Committee of Vital and Health Statistics and consulations with health plans,
Index of Sec 115. ...COINSURANCE or other out-of-pocket costs for plan participants and beneficiaries ; Amounts paid to participating employment-based plan under subsection only to be used to reduce costs of health care provided by plan by reducing premium costs for employer or employee association maintaining plan and reducing premium contributions, deductibles, copayments,
Index of Sec 111. ...HEALTH care coverage for uninsured populations in State in manner consistent with reforms to take effect under division in Y1 ; Secretary of Health and Human Services providing grants to States to establish programs to expand access to affordable
Index of Sec 114. ...HEALTH care payment and remittance advice ; Order to allow automated reconciliation with related
Index of Sec 115. ...HEALTH coverage being part of plan at time of retirement ; Nothing in section prohibiting plan from enforcing total aggregate cap on amounts paid for retiree
Index of Sec 110. ...HEALTH outcomes ; Including strategies focusing on prevention and support for employee populations at risk of poor
Index of Sec 112. ...ELECTRONIC transactions provided in part ; Requiring use of standard electronic transaction with health care providers quickly and efficiently enrolling with health plan to conduct other
Index of Sec 115. ...HEALTH claiming status under section to be adopted not later than October 1, 2011 ; Including operating rules for transactions for eligibility for health plan and
Index of Sec 115. ...EMPLOYMENT-based health plan ; Person in waiting period as defined in section 2701(b)(4) of Public Health Service Act not to be considered to be eligible for coverage under
Index of Sec 101. ...EMPLOYMENT-based health plan during previous 6 months ; Individual having other prior health insurance coverage or coverage under
Index of Sec 101. ...DISENROLL from health benefiting coverage prior to enrolling in program ; Issuer or employment-based health plan to be responsible for reimbursing program for medical expenses incurred by program for individual Secretary finds encouraged by issuer to
Index of Sec 101. ...EMPLOYMENT-based health plan ; Case of prior coverage obtained directly from issuer or
Index of Sec 101. ...EMPLOYMENT-based health plan ; Term eligible employment-based plan meaning group health plan or
Index of Sec 111. ...EMPLOYMENT-based health plan, only costs attributable to qualified wellness program and not to health plan or health insurance coverage offered in connection plan ; Case of qualified wellness program offered as part of
Index of Sec 112. ...COLLECTIVE bargaining agreements between employee representatives and 1 or more employers ratified before date of enactment of Act ; Case of group health plan maintained pursuant to 1 or more
Index of Sec 106. ...HEALTH plan containing provision ; Every group
Index of Sec 110. ...FINANCIAL consideations for disenrolling from coverage ; Provision by employer, group health plan or issuer of money or other
Index of Sec 101. ...HEALTH plan providing coverage for dependent children making available ; Group health plan and health insurance issuer offering health insurance coverage in connection with group
Index of Sec 105. ...HEALTH plan providing coverage for dependent children making available ; Group health plan and health insurance issuer offering health insurance coverage in connection with group
Index of Sec 105. ...HEALTH plan providing coverage for dependent children making available ; Group
Index of Sec 105. ...HEALTH plan ; Term qualified child means with respect to participant in group
Index of Sec 105. ...HEALTH plan from increasing premiums otherwise required for coverage provided under section consistent with standards established by Secretary based upon family size ; Nothing in section to be construed as preventing group
Index of Sec 105. ...HEALTH plan in small or large group market ; Provisions of section 2703 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as applying to health insurance coverage offered by health insurance issuer in connection with group
Index of Sec 105. ...HEALTH plan as of date ; Section ceasing to apply to group
Index of Sec 106. ...HEALTH plan as of date ; Section ceasing to apply to group
Index of Sec 106. ...HEALTH plan as of date ; Section ceasing to apply to group
Index of Sec 106. ...HEALTH plan under part complying with notice requirement under section 713(b) with respect to requirements of section ; Group
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...HEALTH plan under part complying with notice requirement under section 715(b) of Employee Retirement Income Security Act of 1974 with respect to requirements of section ; Group
Index of Sec 108. ...HEALTH plan in small or large group market ; Provisions of section 2708 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as provisions applying to health insurance coverage offered by health insurance issuer in connection with group
Index of Sec 108. ...HEALTH plan ; Group health plan and health insurance issuer providing health insurance coverage in connection with group
Index of Sec 109. ...HEALTH plan ; Term aggregate dollar lifetime limit means with respect to benefits under group health plan or health insurance coverage offered in connection with group
Index of Sec 109. ...HEALTH plan not imposing aggregate dollar lifetime limit with respect to benefits payable under plan ; Group
Index of Sec 109. ...HEALTH plan dollar limitation on total amount to be paid with respect to benefits under plan with respect to individual or other coverage unit on lifetime basis ; Respect to benefits under group
Index of Sec 109. ...HEALTH plan ; Group health plan and health insurance issuer providing health insurance coverage in connection with group
Index of Sec 109. ...HEALTH plan in small or large group market ; Provisions of section 2709 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as applying to health insurance coverage offered by health insurance issuer in connection with group
Index of Sec 109. ...HEALTH plan to reduce benefits provided to retired participant or participant's beneficiary under terms of plan if reduction of benefits occuring after date participant retired for purposes of plan and reducing benefits provided to participant or participant's beneficiary ; Prohibiting for group
Index of Sec 110. ...HEALTH plan when participant ; Respect to premiums occuring under group
Index of Sec 110. ...BENEFICIARY identification card or similar mechanism ; Including whether individual being eligible for specific service with specific physician at specific facility including utilization of machine-readable health plan
Index of Sec 115. ...HEALTH care providers and other interested parties ; Secretary of Health and Human Services promulgating interim final rule to establish unique health plan identifier described in section 1173(b) of Social Security Act 42 USC 1320d-2(b) based on input of National Committee of Vital and Health Statistics and consulations with health plans,
Index of Sec 115. ...ADMINISTRATIVE simplification provisions of part and Health Insurance Portability and Accountability Act of 1996 ; Secretary promulgating annual audit and certification process to ensure that health plans and clearinghouses being syntactically and functionally compliant standard transactions mandated pursuant to
Index of Sec 115. ...EMPLOYMENT-based health plans discouraging individual from remaining enrolled in prior coverage based on individual's health status ; Secretary establishing criteria for determining whether health insurance issuers and
Index of Sec 101. ...HEALTH plans for plan years beginning after January 1 ; Amendments making by subsection applying to group
Index of Sec 105. ...HEALTH Plans in Advance of applicability of new prohibition of preexisting condition exclusions ; Limitations on preexisting condition exclusions in group
Index of Sec 106. ...HEALTH plans for plan years beginning after January 1 ; Amendments making by section applying with respect to group
Index of Sec 106. ...HEALTH plans for plan years beginning after January 1 ; Amendments making by section applying with respect to group
Index of Sec 107. ...HEALTH plans for plan years beginning after January 1 ; Amendments making by section applying with respect to group
Index of Sec 108. ...HEALTH plans for plan years beginning after January 1 ; Amendments making by section applying with respect to group
Index of Sec 109. ...EMPLOYMENT-based health plan for 6-month period immediately preceding date of individual's application for high-risk pool coverage under section ; Health insurance coverage or coverage under
Index of Sec 101. ...HEALTH care providers and other interested parties ; Secretary of Health and Human Services promulgating interim final rule to establish unique health plan identifier described in section 1173(b) of Social Security Act 42 USC 1320d-2(b) based on input of National Committee of Vital and Health Statistics and consulations with health plans,
Index of Sec 115. ...HEALTH problems and referrals for appropriate following up measures ; Opportunity for periodic screenings for
Index of Sec 112. ...HEALTH reform coverage expansions under division beginning in Y1 ; State receiving grant under section submitting to Secretary report on best practices and lessons learned through grant to inform
Index of Sec 114. ...HEALTH status being factors to be considered in determining premiums at renewal ; Prior coverage being policy For which duration of coverage form issue or
Index of Sec 101. ...HEALTH status ; Secretary establishing criteria for determining whether health insurance issuers and employment-based health plans discouraging individual from remaining enrolled in prior coverage based on individual's
Index of Sec 101. ...IMPLEMENTATION of increase ; Process requiring health insurance issuers to submit justification for premium increases prior to
Index of Sec 104. ...IMPLEMENTATION ; Including operating rules under section to become effective with X12 Version 5010 transaction
Index of Sec 115. ...IMPLEMENTATION plan ; Estimate of total funds needed to ensure timely completion of
Index of Sec 115. ...IMPLEMENTATION specifications ; Using codes or data elements marked not used in standard's implementation specifications or not in standard's implementation specifications or changing meaning or intent of standard's
Index of Sec 115. ...IMPLEMENTATION specifications or changing meaning or intent of standard's implementation specifications ; Using codes or data elements marked not used in standard's implementation specifications or not in standard's
Index of Sec 115. ...INCOME childless adults ; Innovative strategies to insure low-
Index of Sec 114. ...INFORMATION as Secretary requiring ; Submitting to Secretary application for participation in program and containing
Index of Sec 101. ...INFORMATION as Secretary requiring to determine prevailing standard rates under paragraph ; Health insurance issuers providing
Index of Sec 101. ...INFORMATION as Secretary requiring ; Eligible employment-based plan submitting to Secretary application for participation in program and containing
Index of Sec 111. ...HEALTH literacy curricula, instructional programs and effective intervention strategies ; Requiring Secretaries to compile and disseminate to employer health planing information on model
Index of Sec 112. ...INFORMATION collected under section in manner violating State or Federal law ; Nothing in section to be construed to permit use of
Index of Sec 115. ...HEALTH information exchange goals ; Entity coordinating activities with Hit Policy Committee and Hit Standards Committee and complementing efforts of Office of National Healthcare Coordinator and related
Index of Sec 115. ...INSTRUCTIONAL programs and effective intervention strategies ; Requiring Secretaries to compile and disseminate to employer health planing information on model health literacy curricula,
Index of Sec 112. ...ACCOUNT under subsection ; Purposes of section, costs paid or incurred by employer for food or health insurance not to be taken into
Index of Sec 112. ...HEALTH insurance coverage in connection with group health plan providing coverage for dependent children making available ; Group health plan and health insurance issuer offering
Index of Sec 105. ...HEALTH insurance coverage in connection with group health plan providing coverage for dependent children making available ; Group health plan and health insurance issuer offering
Index of Sec 105. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...HEALTH insurance coverage in connection with group health plan ; Group health plan and health insurance issuer providing
Index of Sec 109. ...HEALTH insurance coverage in connection with group health plan ; Group health plan and health insurance issuer providing
Index of Sec 109. ...HEALTH insurance coverage from increasing premiums otherwise required for coverage provided under section consistent with standards established by Secretary based upon family size ; Nothing in section to be construed as preventing group health plan or health insurance issuer with respect to group
Index of Sec 105. ...HEALTH insurance coverage from increasing premiums otherwise required for coverage provided under section consistent with standards established by Secretary based upon family size ; Nothing in section to be construed as preventing group health plan or health insurance issuer with respect to group
Index of Sec 105. ...EMPLOYMENT-based health plans discouraging individual from remaining enrolled in prior coverage based on individual's health status ; Secretary establishing criteria for determining whether health insurance issuers and
Index of Sec 101. ...HEALTH insurance issuers ; Nothing in subsection to be construed as constituting exclusive remedies for violations of criteria established under paragraph or preventing States from applying or enforcing paragraph or other provisions under law with respect to
Index of Sec 101. ...HEALTH insurance issuers providing information as Secretary requiring to determine prevailing standard rates under paragraph ;
Index of Sec 101. ...ASSESSMENT against issuers for pool losses ; Case of State required health insurance issuers to contribute to State high-risk pool or similar arrangement for
Index of Sec 101. ...HEALTH insurance issuers ; Methodolology to be designed and exceptions to be established to ensure adequate participation by
Index of Sec 102. ...FRAUD described in subsection ; Health insurance issuer rescinding group health insurance coverage only upon clear and convincing evidence of
Index of Sec 103. ...FRAUD described in subsection ; Health insurance issuer rescinding individual health insurance coverage only upon clear and convincing evidence of
Index of Sec 103. ...HEALTH insurance coverage for individual in individual market ; Health insurance issuer determining to rescind
Index of Sec 103. ...HEALTH insurance issuers to submit justification for premium increases prior to implementation of increase ; Process requiring
Index of Sec 104. ...HEALTH insurance coverage offered by health insurance issuer in connection with group health plan in small or large group market ; Provisions of section 2703 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as applying to
Index of Sec 105. ...HEALTH insurance coverage in individual market not imposing preexisting condition exclusion ; Health insurance issuer offering
Index of Sec 107. ...HEALTH insurance coverage offered by health insurance issuer in connection with group health plan in small or large group market ; Provisions of section 2708 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as provisions applying to
Index of Sec 108. ...HEALTH insurance issuer in connection with group health plan in small or large group market ; Provisions of section 2709 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as applying to health insurance coverage offered by
Index of Sec 109. ...EMPLOYMENT-based health plan for 6-month period immediately preceding date of individual's application for high-risk pool coverage under section ; Health insurance coverage or coverage under
Index of Sec 101. ...EMPLOYMENT-based health plan during previous 6 months ; Individual having other prior health insurance coverage or coverage under
Index of Sec 101. ...FRAUD described in subsection ; Health insurance issuer rescinding group health insurance coverage only upon clear and convincing evidence of
Index of Sec 103. ...HEALTH insurance coverage in same manner as provisions applying to individual health insurance coverage ; Provisions of section 2746 applying to group
Index of Sec 103. ...HEALTH insurance coverage from increasing premiums otherwise required for coverage provided under section consistent with standards established by Secretary based upon family size ; Nothing in section to be construed as preventing group health plan or health insurance issuer with respect to group
Index of Sec 105. ...HEALTH insurance coverage from increasing premiums otherwise required for coverage provided under section consistent with standards established by Secretary based upon family size ; Nothing in section to be construed as preventing group health plan or health insurance issuer with respect to group
Index of Sec 105. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...HEALTH insurance coverage ; Term qualified child means with respect to participant in group health plan or group
Index of Sec 105. ...HEALTH insurance coverage ; Term qualified child means with respect to participant in group health plan or group
Index of Sec 105. ...HEALTH insurance coverage offered in connection with group health plan ; Term aggregate dollar lifetime limit means with respect to benefits under group health plan or
Index of Sec 109. ...ACCEPTABLE coverage ; Secretary developing procedures to provide for transition of eligible individuals enrolled in health insurance coverage offered through high-risk pool established under section to be enrolled in
Index of Sec 101. ...HEALTH insurance coverage after first date ; Subsections and not applying to
Index of Sec 102. ...HEALTH insurance coverage offered in small or large group market excepting to extent Secretary determining that application of section destabilizing existing individual market ; Provisions of section 2714 applying to health insurance coverage offered in individual market in same manner as provisions applying to
Index of Sec 102. ...HEALTH insurance coverage for individual in individual market ; Health insurance issuer determining to rescind
Index of Sec 103. ...HEALTH insurance coverage in connection with group health plan providing coverage for dependent children making available ; Group health plan and health insurance issuer offering
Index of Sec 105. ...HEALTH insurance coverage in connection with group health plan providing coverage for dependent children making available ; Group health plan and health insurance issuer offering
Index of Sec 105. ...HEALTH insurance coverage offered by health insurance issuer in connection with group health plan in small or large group market ; Provisions of section 2703 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as applying to
Index of Sec 105. ...HEALTH insurance coverage offered, sold, issued, renewed, effect or operated in individual market after January 1 ; Applying with respect to
Index of Sec 105. ...HEALTH insurance coverage in individual market not imposing preexisting condition exclusion ; Health insurance issuer offering
Index of Sec 107. ...HEALTH insurance coverage offered, sold, issued, renewed, effect or operated in individual market after date ; Amendment making by subsection applying with respect to
Index of Sec 107. ...HEALTH insurance coverage offered by health insurance issuer in connection with group health plan in small or large group market ; Provisions of section 2708 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as provisions applying to
Index of Sec 108. ...HEALTH insurance coverage offered, sold, issued, renewed, effect or operated in individual market after date ; Amendment making by subsection applying with respect to
Index of Sec 108. ...HEALTH insurance coverage in connection with group health plan ; Group health plan and health insurance issuer providing
Index of Sec 109. ...HEALTH insurance coverage in connection with group health plan ; Group health plan and health insurance issuer providing
Index of Sec 109. ...HEALTH insurance coverage offered by health insurance issuer in connection with group health plan in small or large group market ; Provisions of section 2709 applying to health insurance coverage offered by health insurance issuer in individual market in same manner as applying to
Index of Sec 109. ...HEALTH insurance coverage offered, sold, issued, renewed, effect or operated in individual market after date ; Amendment making by subsection applying with respect to
Index of Sec 109. ...HEALTH insurance coverage through Health Insurance Exchange ; Extending to earlier of date on which individual becoming eligible for acceptable coverage or date on which individual becoming eligible for
Index of Sec 113. ...HEALTH insurance coverage offered in connection plan ; Case of qualified wellness program offered as part of employment-based health plan, only costs attributable to qualified wellness program and not to health plan or
Index of Sec 112. ...HEALTH insurance coverage ; Clarifiations regarding application of guaranteed RENEWABILITY of individual and group
Index of Sec 103. ...FRAUD described in subsection ; Health insurance issuer rescinding individual health insurance coverage only upon clear and convincing evidence of
Index of Sec 103. ...HEALTH insurance coverage ; Provisions of section 2746 applying to group health insurance coverage in same manner as provisions applying to individual
Index of Sec 103. ...HEALTH insurance coverage with respect to individual or other coverage unit on lifetime basis ; Dollar limitation on total amount to be paid with respect to benefits under plan or
Index of Sec 109. ...HEALTH insurance coverage with respect to individual or other coverage unit on lifetime basis ; Dollar limitation on total amount to be paid with respect to benefits under plan or
Index of Sec 109. ...HEALTH insurance denials and Delays of necessary treatment for Children with deformities ; Sec 108 ending
Index of Sec 108. ...HEALTH insurance premium assistance ; Reinsurance plans subsidizing certain share of carrier losses within certain risk corridor
Index of Sec 114. ...INSURANCE products ; Transparent marketplace providing organized structure for sale of
Index of Sec 114. ...HEALTH insurance rescission Abuse ; Sec 103 ending
Index of Sec 103. ...INTEREST policies demonstrating commitment to open ; Entity supporting nondiscrimination and conflict of
Index of Sec 115. ...JURISDICTION ; Enforcement process including timely investigation of complaints, random audits to ensure compliance, civil monetary and programmatic penalties for noncompliance consistent with existing laws and regulations and fair and reasonable appeals processing building off of enforcement provisions under part and concurrent State enforcement
Index of Sec 115. ...IMPLEMENTATION of increase ; Process requiring health insurance issuers to submit justification for premium increases prior to
Index of Sec 104. ...HEALTH literacy component to provide special assistance and materials to employees with low literacy skills ; Requiring
Index of Sec 112. ...HEALTH literacy curricula, instructional programs and effective intervention strategies ; Requiring Secretaries to compile and disseminate to employer health planing information on model
Index of Sec 112. ...HEALTH literacy needs of employees covered by programs ; Physically and programmatically accessible and appropriate to
Index of Sec 112. ...LITERACY skills ; Requiring health literacy component to provide special assistance and materials to employees with low
Index of Sec 112. ...MEDICAL care component of Consumer Price Index for year involved ; Amounts to be adjusted year based on percentage increase in
Index of Sec 111. ...DISENROLL from health benefiting coverage prior to enrolling in program ; Issuer or employment-based health plan to be responsible for reimbursing program for medical expenses incurred by program for individual Secretary finds encouraged by issuer to
Index of Sec 101. ...MEDICAL procedure codes ; Paragraph, inserting and associated operational guidelines and instructions, determined appropriate by Secretary after
Index of Sec 115. ...HEALTH in workplace ; Minimizing stress and promoting positive mental
Index of Sec 112. ...CIVIL monetary and programmatic penalties for noncompliance consistent with existing laws and regulations and fair and reasonable appeals processing building off of enforcement provisions under part and concurrent State enforcement jurisdiction ; Enforcement process including timely investigation of complaints, random audits to ensure compliance,
Index of Sec 115. ...FINANCIAL consideations for disenrolling from coverage ; Provision by employer, group health plan or issuer of money or other
Index of Sec 101. ...FINANCIAL consideations for disenrolling from coverage ; Provision by issuer or plan of money or other
Index of Sec 101. ...NONPROFIT entity meeting following criteria to be consulted ; Excepting that
Index of Sec 115. ...OF-pocket costs for plan participants and beneficiaries ; Amounts paid to participating employment-based plan under subsection only to be used to reduce costs of health care provided by plan by reducing premium costs for employer or employee association maintaining plan and reducing premium contributions, deductibles, copayments, coinsurance or other out-
Index of Sec 111. ...ON-line programs, self-help materials or other programs providing technical assistance and problem solving skills ; Seminars,
Index of Sec 112. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...ELECTRONIC funds transferring so long as Secretary adopting and implementing standard for electronic funds transferring under section 1173a ; Payment being other than
Index of Sec 115. ...PAYMENTS by plans ; Secretary developing mechanism to monitor appropriate use of
Index of Sec 111. ...HEALTH problems and referrals for appropriate following up measures ; Opportunity for periodic screenings for
Index of Sec 112. ...PERIODIC review, evaluation and updating of programs under subsection ; Consulations with other appropriate agencies jointly establishing procedures for
Index of Sec 112. ...PLANNING, onsite delivery, evaluation and improvement efforts ; Employee engagement component providing for active engagement of employees in worksite wellness programs through worksite assessments and program
Index of Sec 112. ...POLITICAL subdivision to extent ; Section superseding provision of law of State or
Index of Sec 113. ...HEALTH benefits ; Group health plan containing provision reserving general power to amend or terminate plan or provision specifically authorizing plan to make post-retirement reductions in retiree
Index of Sec 110. ...PREGNANCY ; Inserting or domestic violence after relating to
Index of Sec 107. ...PREGNANCY ; Inserting or domestic violence after relating to
Index of Sec 107. ...PREGNANCY ; Inserting or domestic violence after relating to
Index of Sec 107. ...PRIVACY and security law ; Secretary ensuring that data collected pursuant to subsection used and disclosed in manner meeting HIPAA
Index of Sec 115. ...PRIVACY or security standard adopted under section 3004 of Act ; Including
Index of Sec 115. ...PUBLIC Health Service Act relating to group Market ;
Index of Sec 109. ...PUBLIC reviews and comment on updating of companion guide including operating rules ; Entity allowing for
Index of Sec 115. ...PUBLIC set of guiding principles ensuring companion guide and operating rules and process being open and transparent ; Entity in place
Index of Sec 115. ...COLLECTIVE bargaining agreements between employee representatives and 1 or more employers ratified before date of enactment of Act ; Case of group health plan maintained pursuant to 1 or more
Index of Sec 106. ...TITLE I of Employee Retirement Income Security Act of 1974 ; Term cobra continations coverage meaning continations coverage provided pursuant to part 6 of subtitle B of
Index of Sec 113. ...ADMINISTRATIVE simplification provisions of part and Health Insurance Portability and Accountability Act of 1996 ; Secretary promulgating annual audit and certification process to ensure that health plans and clearinghouses being syntactically and functionally compliant standard transactions mandated pursuant to
Index of Sec 115. ...PRIVACY and security law ; Secretary ensuring that data collected pursuant to subsection used and disclosed in manner meeting HIPAA
Index of Sec 115. ...CIVIL monetary and programmatic penalties for noncompliance consistent with existing laws and regulations and fair and reasonable appeals processing building off of enforcement provisions under part and concurrent State enforcement jurisdiction ; Enforcement process including timely investigation of complaints, random audits to ensure compliance,
Index of Sec 115. ...ABNORMAL structures of body causes by congenital defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on
Index of Sec 108. ...ABNORMAL structures of body causes by congenital defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on
Index of Sec 108. ...ABNORMAL structures of body causes by congenital defects, developmental abnormalities, trauma, infection, tumors or disease ; Term treatment including reconstructive surgical procedures performed on
Index of Sec 108. ...REGULATORY changes required to begin implementing new program within 1 year after initiation of funding under grant ; Achieving key State and local statutory or
Index of Sec 114. ...REGULATORY fees ; Secretary excluding State taxes and licensing or
Index of Sec 102. ...EMPLOYMENT-based plans with cost of providing health benefits to retirees and eligible spouses surviving spouses and dependents of retirees ; Secretary of Health and Human Services establishing temporary reinsurance program to provide reimbursement to assist participating
Index of Sec 111. ...DOCUMENTATION of actual costs of items and services For which claim submitted ; Participating employment-based plan submitting claims for reimbursement to Secretary containing
Index of Sec 111. ...HEALTH insurance premium assistance ; Reinsurance plans subsidizing certain share of carrier losses within certain risk corridor
Index of Sec 114. ...REINSURANCE program ; Term participating employment-based plan meaning eligible employment-based plan participating in
Index of Sec 111. ...REINSURANCE program ; Appropriating or credited to Trust Fund as provided in subsection to enable Secretary to carry out
Index of Sec 111. ...REINSURANCE program and used to carry out program ; Amounts in Trust Fund appropriated to provide funding to carry out
Index of Sec 111. ...EXPENDITURES under reinsurance program not exceeding funds available under subsection ; Secretary having authority to stop taking applications for participation in program or taking other steps in reducing expenditures under reinsurance program in order to ensure that
Index of Sec 111. ...EMPLOYMENT-based plans with cost of providing health benefits to retirees and eligible spouses surviving spouses and dependents of retirees ; Secretary of Health and Human Services establishing temporary reinsurance program to provide reimbursement to assist participating
Index of Sec 111. ...RESCISSION after continuing in force ; Including without
Index of Sec 103. ...RESCISSION and opportunity for review of determination by independent ; Rescission taking effect issuer providing individual with notice of proposed
Index of Sec 103. ...RESCISSION and opportunity for review of determination by independent ; Rescission taking effect issuer providing individual with notice of proposed
Index of Sec 103. ...RESCISSIONS ; Secretarial guidance regarding
Index of Sec 103. ...RESCISSIONS occurring after July 1, 2010 ; Amendments making by section taking effect on date of enactment of Act and applying to
Index of Sec 103. ...RETIREMENT unless reduction being made with respect to active participants ; Reduction affecting benefits provided to participant or beneficiary as of date participant retired for purposes of plan and reduction occuring after participant's
Index of Sec 110. ...RETIREMENT ; Nothing in section prohibiting plan from enforcing total aggregate cap on amounts paid for retiree health coverage being part of plan at time of
Index of Sec 110. ...HEALTH benefits ; Group health plan containing provision reserving general power to amend or terminate plan or provision specifically authorizing plan to make post-retirement reductions in retiree
Index of Sec 110. ...HEALTH outcomes ; Including strategies focusing on prevention and support for employee populations at risk of poor
Index of Sec 112. ...RISK pool coverage making by State in year ending July 1 ; High-risk pool in effect equal to amount not less than amount of sources of funding for high-
Index of Sec 101. ...ASSESSMENT against issuers for pool losses ; Case of State required health insurance issuers to contribute to State high-risk pool or similar arrangement for
Index of Sec 101. ...RISK pool under section in excess of premiums collected with respect to eligible individuals enrolled in high-risk pool ; High-
Index of Sec 101. ...RISK pool terminating as of date on which Health Insurance Exchange established ; Coverage of eligible individuals under high-
Index of Sec 101. ...RISK pool beyond 2012 if Secretary determining necessary to avoid lapse ; Procedures ensuring being no lapse in coverage with respect to individual and extending coverage offered high-
Index of Sec 101. ...RISK pool coverage under section ; Medically eligible for program by virtue of individual described in subsection at time during 6-month period ending on date individual applying for high-
Index of Sec 101. ...RISK pool coverage under section ; Health insurance coverage or coverage under employment-based health plan for 6-month period immediately preceding date of individual's application for high-
Index of Sec 101. ...RISK pool coverage making by State in year ending July 1 ; High-risk pool in effect equal to amount not less than amount of sources of funding for high-
Index of Sec 101. ...RISK pool coverage ; Making determination under paragraph whether individual offered individual coverage at premium rate above premium rate for high
Index of Sec 101. ...HEALTH benefits to eligible individuals during period beginning on January 1, 2010 and subject to subsection ; Secretary of Health and Human Services establishing temporary national high-risk pool program to provide
Index of Sec 101. ...RISK pool programs provided that requirements of section being met ; State high-
Index of Sec 101. ...ROBUST requiring minimal augmentation by paper transactions or clarifiations by further communications ; Efficient and
Index of Sec 115. ...BENEFICIARY identification card or similar mechanism ; Including whether individual being eligible for specific service with specific physician at specific facility including utilization of machine-readable health plan
Index of Sec 115. ...BENEFICIARY identification card or similar mechanism ; Including whether individual being eligible for specific service with specific physician at specific facility including utilization of machine-readable health plan
Index of Sec 115. ...BENEFICIARY identification card or similar mechanism ; Including whether individual being eligible for specific service with specific physician at specific facility including utilization of machine-readable health plan
Index of Sec 115. ...SUBJECT to requirements of section 211 ; Plan becoming
Index of Sec 106. ...SUBJECT to requirements of section 211 ; Plan becoming
Index of Sec 106. ...SUBJECT to requirements of section 211 ; Plan becoming
Index of Sec 106. ...SUBJECT to subsection ; Secretary of Health and Human Services establishing temporary national high-risk pool program to provide health benefits to eligible individuals during period beginning on January 1, 2010 and
Index of Sec 101. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...CHILD'S congenital or developmental deformity, disease or injury ; Group health plan and health insurance issuer offering group health insurance coverage providing coverage for surgical benefits providing coverage for outpatient and inpatient diagnosis and treatment of minor
Index of Sec 108. ...TITLE being further amended by inserting after section 2753 following new section ;
Index of Sec 102. ...TITLE being further amended by adding after section 2702 following new section ;
Index of Sec 103. ...TITLE 5, United States Code or State program providing comparable continations coverage ; Section 4980b of Internal Revenue Code of 1986 of sectioning insofar as relating to pediatric vaccines or section 905a of
Index of Sec 113. ...TITLE I of Employee Retirement Income Security Act of 1974 ; Term cobra continations coverage meaning continations coverage provided pursuant to part 6 of subtitle B of
Index of Sec 113. ...TITLE I of Employee Retirement Income Security Act of 1974 and chapter 100 of Internal Revenue Code of 1986 in same manner ; Coverage under program to be treated part 6 of subtitle B of
Index of Sec 101. ...TITLE I of Employee Retirement Income Security Act of 1974 amended by inserting after section 703 following new section ; Part 7 of subtitle B of
Index of Sec 105. ...TITLE I of Employee Retirement Income Security Act of 1974 amended by inserting after section 716 following new section ; Part 7 of subtitle B of
Index of Sec 110. ...TITLE I of Employee Retirement Income Security Act of 1974 amended by adding at end following new section ; Subpart B of part 7 of subtitle B of
Index of Sec 108. ...TITLE XVIII in case of plan violating provision of part ; Sanctions Secretary authorized to impose under part C or D of
Index of Sec 115. ...TITLE XXVII of Public Health Service Act amended by inserting after section 2713 following new section ;
Index of Sec 102. ...TITLE XXVII of Public Health Service Act amended by inserting after section 2702 following new section ;
Index of Sec 105. ...TITLE XXVII of Public Health Service Act amended by inserting after section 2745 following new section ;
Index of Sec 105. ...TITLE XXVII of Act amended by inserting after section 2753 following new section ;
Index of Sec 107. ...TITLE XXVII of Public Health Service Act amended by adding at end following new section ; Subpart 2 of part A of
Index of Sec 108. ...TITLE XXVII of Public Health Service Act being further amended by adding at end following new section ; Subpart 2 of part B of
Index of Sec 108. ...PUBLIC set of guiding principles ensuring companion guide and operating rules and process being open and transparent ; Entity in place
Index of Sec 115. ...TRANSPARENT claim and denial management processes including uniform claim edits ;
Index of Sec 115. ...VOTING process ensuring balanced representation by critical stakeholders so ; Including operating rules using
Index of Sec 115. ...1st Session |
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) In general.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish a temporary national high-risk pool program (in this section referred to as the “program”) to provide health benefits to eligible individuals during the period beginning on January 1, 2010, and, subject to subsection (h)(3)(B), ending on the date on which the Health Insurance Exchange is established.
(b) Administration.—The Secretary may carry out this section directly or, pursuant to agreements, grants, or contracts with States, through State high-risk pool programs provided that the requirements of this section are met.
(c) Eligibility.—For purposes of this section, the term “eligible individual” means an individual—
(i) benefits under title XVIII, XIX, or XXI of the Social Security Act; or
(ii) coverage under an employment-based health plan (not including coverage under a COBRA continuation provision, as defined in section 107(d)(1)); and
(i) is an eligible individual under section 2741(b) of the Public Health Service Act; or
(ii) is medically eligible for the program by virtue of being an individual described in subsection (d) at any time during the 6-month period ending on the date the individual applies for high-risk pool coverage under this section;
(2) who is the spouse or dependent of an individual who is described in paragraph (1); or
(3) who has not had health insurance coverage or coverage under an employment-based health plan for at least the 6-month period immediately preceding the date of the individual’s application for high-risk pool coverage under this section.
For purposes of paragraph (1)(A)(ii), a person who is in a waiting period as defined in section 2701(b)(4) of the Public Health Service Act shall not be considered to be eligible for coverage under an employment-based health plan.(d) Medically eligible requirements.—For purposes of subsection (c)(1)(B)(ii), an individual described in this subsection is an individual—
(1) who, during the 6-month period ending on the date the individual applies for high-risk pool coverage under this section applied for individual health insurance coverage and—
(A) was denied such coverage because of a preexisting condition or health status; or
(B) was offered such coverage—
(i) under terms that limit the coverage for such a preexisting condition; or
(ii) at a premium rate that is above the premium rate for high risk pool coverage under this section; or
(2) who has an eligible medical condition as defined by the Secretary.
In making a determination under paragraph (1) of whether an individual was offered individual coverage at a premium rate above the premium rate for high risk pool coverage, the Secretary shall make adjustments to offset differences in premium rating that are attributable solely to differences in age rating.(e) Enrollment.—To enroll in coverage in the program, an individual shall—
(1) submit to the Secretary an application for participation in the program, at such time, in such manner, and containing such information as the Secretary shall require;
(2) attest that the individual is an eligible individual and is a resident of one of the 50 States or the District of Columbia; and
(3) if the individual had other prior health insurance coverage or coverage under an employment-based health plan during the previous 6 months, provide information as to the nature and source of such coverage and reasons for its discontinuance.
(f) Protection against dumping risks by insurers.—
(1) IN GENERAL.—The Secretary shall establish criteria for determining whether health insurance issuers and employment-based health plans have discouraged an individual from remaining enrolled in prior coverage based on that individual’s health status.
(2) SANCTIONS.—An issuer or employment-based health plan shall be responsible for reimbursing the program for the medical expenses incurred by the program for an individual who, based on criteria established by the Secretary, the Secretary finds was encouraged by the issuer to disenroll from health benefits coverage prior to enrolling in the program. The criteria shall include at least the following circumstances:
(A) In the case of prior coverage obtained through an employer, the provision by the employer, group health plan, or the issuer of money or other financial consideration for disenrolling from the coverage.
(B) In the case of prior coverage obtained directly from an issuer or under an employment-based health plan—
(i) the provision by the issuer or plan of money or other financial consideration for disenrolling from the coverage; or
(ii) in the case of an individual whose premium for the prior coverage exceeded the premium required by the program (adjusted based on the age factors applied to the prior coverage)—
(I) the prior coverage is a policy that is no longer being actively marketed (as defined by the Secretary) by the issuer; or
(II) the prior coverage is a policy for which duration of coverage form issue or health status are factors that can be considered in determining premiums at renewal.
(3) CONSTRUCTION.—Nothing in this subsection shall be construed as constituting exclusive remedies for violations of criteria established under paragraph (1) or as preventing States from applying or enforcing such paragraph or other provisions under law with respect to health insurance issuers.
(g) Covered benefits, cost-sharing, premiums, and consumer protections.—
(1) PREMIUM.—The monthly premium charged to eligible individuals for coverage under the program—
(A) may vary by age so long as the ratio of the highest such premium to the lowest such premium does not exceed the ratio of 2 to 1;
(B) shall be set at a level that does not exceed 125 percent of the prevailing standard rate for comparable coverage in the individual market; and
(C) shall be adjusted for geographic variation in costs.
Health insurance issuers shall provide such information as the Secretary may require to determine prevailing standard rates under this paragraph. The Secretary shall establish standard rates in consultation with the National Association of Insurance Commissioners.
(2) COVERED BENEFITS.—Covered benefits under the program shall be determined by the Secretary and shall be consistent with the basic categories in the essential benefits package described in section 222. Under such benefits package—
(A) the annual deductible for such benefits may not be higher than $1,500 for an individual or such higher amount for a family as determined by the Secretary;
(B) there may not be annual or lifetime limits; and
(C) the maximum cost-sharing with respect to an individual (or family) for a year shall not exceed $5,000 for an individual (or $10,000 for a family).
(3) NO PREEXISTING CONDITION EXCLUSION PERIODS.—No preexisting condition exclusion period shall be imposed on coverage under the program.
(4) APPEALS.—The Secretary shall establish an appeals process for individuals to appeal a determination of the Secretary—
(A) with respect to claims submitted under this section; and
(B) with respect to eligibility determinations made by the Secretary under this section.
(5) STATE CONTRIBUTION, MAINTENANCE OF EFFORT.—As a condition of providing health benefits under this section to eligible individual residing in a State—
(A) in the case of a State in which a qualified high-risk pool (as defined under section 2744(c)(2) of the Public Health Service Act) was in effect as of July 1, 2009, the Secretary shall require the State make a maintenance of effort payment each year that the high-risk pool is in effect equal to an amount not less than the amount of all sources of funding for high-risk pool coverage made by that State in the year ending July 1, 2009; and
(B) in the case of a State which required health insurance issuers to contribute to a State high-risk pool or similar arrangement for the assessment against such issuers for pool losses, the State shall maintain such a contribution arrangement among such issuers.
(6) LIMITING PROGRAM EXPENDITURES.—The Secretary shall, with respect to the program—
(A) establish procedures to protect against fraud, waste, and abuse under the program; and
(B) provide for other program integrity methods.
(7) TREATMENT AS CREDITABLE COVERAGE.—Coverage under the program shall be treated, for purposes of applying the definition of “creditable coverage” under the provisions of title XXVII of the Public Health Service Act, part 6 of subtitle B of title I of Employee Retirement Income Security Act of 1974, and chapter 100 of the Internal Revenue Code of 1986 (and any other provision of law that references such provisions) in the same manner as if it were coverage under a State health benefits risk pool described in section 2701(c)(1)(G) of the Public Health Service Act.
(h) Funding; Termination of Authority.—
(1) IN GENERAL.—There is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $5,000,000,000 to pay claims against (and administrative costs of) the high-risk pool under this section in excess of the premiums collected with respect to eligible individuals enrolled in the high-risk pool. Such funds shall be available without fiscal year limitation.
(2) INSUFFICIENT FUNDS.—If the Secretary estimates for any fiscal year that the aggregate amounts available for payment of expenses of the high-risk pool will be less than the amount of the expenses, the Secretary shall make such adjustments as are necessary to eliminate such deficit, including reducing benefits, increasing premiums, or establishing waiting lists.
(3) TERMINATION OF AUTHORITY.—
(A) IN GENERAL.—Except as provided in subparagraph (B), coverage of eligible individuals under a high-risk pool shall terminate as of the date on which the Health Insurance Exchange is established.
(B) TRANSITION TO EXCHANGE.—The Secretary shall develop procedures to provide for the transition of eligible individuals who are enrolled in health insurance coverage offered through a high-risk pool established under this section to be enrolled in acceptable coverage. Such procedures shall ensure that there is no lapse in coverage with respect to the individual and may extend coverage offered through such a high-risk pool beyond 2012 if the Secretary determines necessary to avoid such a lapse.
(a) Group health insurance coverage.—Title XXVII of the Public Health Service Act is amended by inserting after section 2713 the following new section:
“(a) In general.—Each health insurance issuer that offers health insurance coverage in the small or large group market shall provide that for any plan year in which the coverage has a medical loss ratio below a level specified by the Secretary (but not less than 85 percent), the issuer shall provide in a manner specified by the Secretary for rebates to enrollees of the amount by which the issuer’s medical loss ratio is less than the level so specified.
“(b) Implementation.—The Secretary shall establish a uniform definition of medical loss ratio and methodology for determining how to calculate it based on the average medical loss ratio in a health insurance issuer’s book of business for the small and large group market. Such methodology shall be designed to take into account the special circumstances of smaller plans, different types of plans, and newer plans. In determining the medical loss ratio, the Secretary shall exclude State taxes and licensing or regulatory fees. Such methodology shall be designed and exceptions shall be established to ensure adequate participation by health insurance issuers, competition in the health insurance market, and value for consumers so that their premiums are used for services.
“(c) Sunset.—Subsections (a) and (b) shall not apply to health insurance coverage on and after the first date that health insurance coverage is offered through the Health Insurance Exchange.”.
(b) Individual health insurance coverage.—Such title is further amended by inserting after section 2753 the following new section:
“The provisions of section 2714 shall apply to health insurance coverage offered in the individual market in the same manner as such provisions apply to health insurance coverage offered in the small or large group market except to the extent the Secretary determines that the application of such section may destabilize the existing individual market.”.
(c) Immediate implementation.—The amendments made by this section shall apply in the group and individual market for plan years beginning on or after January 1, 2010, or as soon as practicable after such date.
(a) Clarification regarding application of guaranteed renewability of individual and group health insurance coverage.—Sections 2712 and 2742 of the Public Health Service Act (42 U.S.C. 300gg–12, 300gg–42) are each amended—
(1) in its heading, by inserting “and continuation in force, including prohibition of rescission,” after “guaranteed renewability”; and
(2) in subsection (a), by inserting “, including without rescission,” after “continue in force”.
(b) Secretarial guidance regarding rescissions.—
(1) GROUP HEALTH INSURANCE MARKET.—Section 2712 of such Act (42 U.S.C. 300gg–12) is amended by adding at the end the following: “(f) Rescission.—A health insurance issuer may rescind group health insurance coverage only upon clear and convincing evidence of fraud described in subsection (b)(2), under procedures that provide for independent, external third-party review.”.
(2) INDIVIDUAL HEALTH MARKET.—Section 2742 of such Act (42 U.S.C. 300gg–42) is amended by adding at the end the following: “(f) Rescission.—A health insurance issuer may rescind individual health insurance coverage only upon clear and convincing evidence of fraud described in subsection (b)(2), under procedures that provide for independent, external third-party review.”.
(3) GUIDANCE.—The Secretary of Health and Human Services, no later than 90 days after the date of the enactment of this Act, shall issue guidance implementing the amendments made by paragraphs (1) and (2), including procedures for independent, external third-party review.
(c) Opportunity for independent, external third-party review in certain cases.—
(1) INDIVIDUAL MARKET.—Subpart 1 of part B of title XXVII of such Act (42 U.S.C. 300gg–41 et seq.) is amended by adding at the end the following:
“(a) Notice and review right.—If a health insurance issuer determines to rescind health insurance coverage for an individual in the individual market, before such rescission may take effect the issuer shall provide the individual with notice of such proposed rescission and an opportunity for a review of such determination by an independent, external third-party under procedures specified by the Secretary under section 2742(f).
“(b) Independent determination.—If the individual requests such review by an independent, external third-party of a rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be rescinded under the guidance issued by the Secretary under section 2742(f).”.
(2) APPLICATION TO GROUP HEALTH INSURANCE.—Such title is further amended by adding after section 2702 the following new section:
“The provisions of section 2746 shall apply to group health insurance coverage in the same manner as such provisions apply to individual health insurance coverage, except that any reference to section 2742(f) is deemed a reference to section 2712(f).”.
(d) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to rescissions occurring on and after July 1, 2010, with respect to health insurance coverage issued before, on, or after such date.
The Secretary of Health and Human Services, in conjunction with States, shall establish a process for the annual review of increases in premiums for health insurance coverage. Such process shall require health insurance issuers to submit a justification for any premium increases prior to implementation of the increase.
(a) Under group health plans.—
(1) PHSA.—Title XXVII of the Public Health Service Act is amended by inserting after section 2702 the following new section:
“(a) In general.—A group health plan and a health insurance issuer offering health insurance coverage in connection with a group health plan that provides coverage for dependent children shall make available such coverage, at the option of the participant involved, for one or more qualified children (as defined in subsection (b)) of the participant.
“(b) Qualified child defined.—In this section, the term ‘qualified child’ means, with respect to a participant in a group health plan or group health insurance coverage, an individual who (but for age) would be treated as a dependent child of the participant under such plan or coverage and who—
“(1) is under 27 years of age; and
“(2) is not enrolled as a participant, beneficiary, or enrollee (other than under this section, section 2746, or section 704 of the Employee Retirement Income Security Act of 1974) under any health insurance coverage or group health plan.
“(c) Premiums.—Nothing in this section shall be construed as preventing a group health plan or health insurance issuer with respect to group health insurance coverage from increasing the premiums otherwise required for coverage provided under this section consistent with standards established by the Secretary based upon family size.”.
(2) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—
(A) IN GENERAL.—Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 703 the following new section:
“(a) In general.—A group health plan and a health insurance issuer offering health insurance coverage in connection with a group health plan that provides coverage for dependent children shall make available such coverage, at the option of the participant involved, for one or more qualified children (as defined in subsection (b)) of the participant.
“(b) Qualified child defined.—In this section, the term ‘qualified child’ means, with respect to a participant in a group health plan or group health insurance coverage, an individual who (but for age) would be treated as a dependent child of the participant under such plan or coverage and who—
“(1) is under 27 years of age; and
“(2) is not enrolled as a participant, beneficiary, or enrollee (other than under this section) under any health insurance coverage or group health plan.
“(c) Premiums.—Nothing in this section shall be construed as preventing a group health plan or health insurance issuer with respect to group health insurance coverage from increasing the premiums otherwise required for coverage provided under this section consistent with standards established by the Secretary based upon family size.”.
(B) CLERICAL AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 703 the following new item:
(A) IN GENERAL.—Subchapter A of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“(a) In general.—A group health plan that provides coverage for dependent children shall make available such coverage, at the option of the participant involved, for one or more qualified children (as defined in subsection (b)) of the participant.
“(b) Qualified child defined.—In this section, the term ‘qualified child’ means, with respect to a participant in a group health plan, an individual who (but for age) would be treated as a dependent child of the participant under such plan and who—
“(1) is under 27 years of age; and
“(2) is not enrolled as a participant, beneficiary, or enrollee (other than under this section, section 704 of the Employee Retirement Income Security Act of 1974, or section 2704 or 2746 of the Public Health Service Act) under any health insurance coverage or group health plan.
“(c) Premiums.—Nothing in this section shall be construed as preventing a group health plan from increasing the premiums otherwise required for coverage provided under this section consistent with standards established by the Secretary based upon family size.”.
(B) CLERICAL AMENDMENT.—The table of sections of such chapter is amended by inserting after the item relating to section 9803 the following:
(b) Individual health insurance coverage.—Title XXVII of the Public Health Service Act is amended by inserting after section 2745 the following new section:
“The provisions of section 2703 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.”.
(1) GROUP HEALTH PLANS.—The amendments made by subsection (a) shall apply to group health plans for plan years beginning on or after January 1, 2010.
(2) INDIVIDUAL HEALTH INSURANCE COVERAGE.—Section 2746 of the Public Health Service Act, as inserted by subsection (b), shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2010.
(a) Amendments to the Employee Retirement Income Security Act of 1974.—
(1) REDUCTION IN LOOK-BACK PERIOD.—Section 701(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(a)(1)) is amended by striking “6-month period” and inserting “30-day period”.
(2) REDUCTION IN PERMITTED PREEXISTING CONDITION LIMITATION PERIOD.—Section 701(a)(2) of such Act (29 U.S.C. 1181(a)(2)) is amended by striking “12 months” and inserting “3 months”, and by striking “18 months” and inserting “9 months”.
(3) SUNSET OF INTERIM LIMITATION.—Section 701 of such Act (29 U.S.C. 1181) is amended by adding at the end the following new subsection: “(h) Termination.—This section shall cease to apply to any group health plan as of the date that such plan becomes subject to the requirements of section 211 of the (relating to prohibiting preexisting condition exclusions).”.
(b) Amendments to the Internal Revenue Code of 1986.—
(1) REDUCTION IN LOOK-BACK PERIOD.—Section 9801(a)(1) of the Internal Revenue Code of 1986 is amended by striking “6-month period” and inserting “30-day period”.
(2) REDUCTION IN PERMITTED PREEXISTING CONDITION LIMITATION PERIOD.—Section 9801(a)(2) of such Code is amended by striking “12 months” and inserting “3 months”, and by striking “18 months” and inserting “9 months”.
(3) SUNSET OF INTERIM LIMITATION.—Section 9801 of such Code is amended by adding at the end the following new subsection: “(g) Termination.—This section shall cease to apply to any group health plan as of the date that such plan becomes subject to the requirements of section 211 of the (relating to prohibiting preexisting condition exclusions).”.
(c) Amendments to Public Health Service Act.—
(1) REDUCTION IN LOOK-BACK PERIOD.—Section 2701(a)(1) of the Public Health Service Act (42 U.S.C. 300gg(a)(1)) is amended by striking “6-month period” and inserting “30-day period”.
(2) REDUCTION IN PERMITTED PREEXISTING CONDITION LIMITATION PERIOD.—Section 2701(a)(2) of such Act (42 U.S.C. 300gg(a)(2)) is amended by striking “12 months” and inserting “3 months”, and by striking “18 months” and inserting “9 months”.
(3) SUNSET OF INTERIM LIMITATION.—Section 2701 of such Act (42 U.S.C. 300gg) is amended by adding at the end the following new subsection: “(h) Termination.—This section shall cease to apply to any group health plan as of the date that such plan becomes subject to the requirements of section 211 of the (relating to prohibiting preexisting condition exclusions).”.
(4) MISCELLANEOUS TECHNICAL AMENDMENT.—Section 2702(a)(2) of such Act (42 U.S.C. 300gg–1) is amended by striking “701” and inserting “2701”.
(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 2010.
(2) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.—In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the earlier of—
(A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act);
(B) 3 years after the date of the enactment of this Act.
(a) ERISA.—Section 701(d)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ) is amended—
(1) in the heading, by inserting “or domestic violence” after “pregnancy”; and
(2) by inserting “or domestic violence” after “relating to pregnancy”.
(1) GROUP MARKET.—Section 2701(d)(3) of the Public Health Service Act (42 U.S.C. 300gg(d)(3)) is amended—
(A) in the heading, by inserting “or domestic violence” after “pregnancy”; and
(B) by inserting “or domestic violence” after “relating to pregnancy”.
(2) INDIVIDUAL MARKET.—Title XXVII of such Act is amended by inserting after section 2753 the following new section:
“A health insurance issuer offering health insurance coverage in the individual market may not, on the basis of domestic violence, impose any preexisting condition exclusion (as defined in section 2701(b)(1)(A)) with respect to such coverage.”.
(c) IRC.—Section 9801(d)(3) of the Internal Revenue Code of 1986 is amended—
(1) in the heading, by inserting “or domestic violence” after “pregnancy”; and
(2) by inserting “or domestic violence” after “relating to pregnancy”.
(1) Except as otherwise provided in this subsection, the amendments made by this section shall apply with respect to group health plans (and health insurance issuers offering group health insurance coverage) for plan years beginning on or after January 1, 2010.
(2) The amendment made by subsection (b)(2) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.
(a) Amendments to the Employee Retirement Income Security Act of 1974.—
(1) IN GENERAL.—Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section:
“(a) Requirements for treatment for children with deformities.—
“(1) IN GENERAL.—A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child’s congenital or developmental deformity, disease, or injury. A minor child shall include any individual who is 21 years of age or younger.
“(A) IN GENERAL.—In this section, the term ‘treatment’ includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including—
“(i) procedures that do not materially affect the function of the body part being treated; and
“(ii) procedures for secondary conditions and follow-up treatment.
“(B) EXCEPTION.—Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
“(b) Notice.—A group health plan under this part shall comply with the notice requirement under section 713(b) (other than paragraph (3)) with respect to the requirements of this section.”.
(A) Subsection (c) of section 731 of such Act is amended by striking “section 711” and inserting “sections 711 and 715”.
(B) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new item:
(b) Amendments to the Internal Revenue Code of 1986.—
(1) IN GENERAL.—Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“(a) Requirements for treatment for children with deformities.—A group health plan that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child’s congenital or developmental deformity, disease, or injury. A minor child shall include any individual who is 21 years of age or younger.
“(1) IN GENERAL.—In this section, the term ‘treatment’ includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including—
“(A) procedures that do not materially affect the function of the body part being treated, and
“(B) procedures for secondary conditions and follow-up treatment.
“(2) EXCEPTION.—Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.”.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item:
(c) Amendments to the Public Health Service Act.—
(1) IN GENERAL.—Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section:
“(a) Requirements for treatment for children with deformities.—
“(1) IN GENERAL.—A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child’s congenital or developmental deformity, disease, or injury. A minor child shall include any individual who is 21 years of age or younger.
“(A) IN GENERAL.—In this section, the term ‘treatment’ includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including—
“(i) procedures that do not materially affect the function of the body part being treated; and
“(ii) procedures for secondary conditions and follow-up treatment.
“(B) EXCEPTION.—Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
“(b) Notice.—A group health plan under this part shall comply with the notice requirement under section 715(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.”.
(2) INDIVIDUAL HEALTH INSURANCE.—Subpart 2 of part B of title XXVII of the Public Health Service Act, as amended by section 161(b), is further amended by adding at the end the following new section:
“The provisions of section 2708 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.”.
(A) Section 2723(c) of such Act (42 U.S.C. 300gg–23(c)) is amended by striking “section 2704” and inserting “sections 2704 and 2708”.
(B) Section 2762(b)(2) of such Act (42 U.S.C. 300gg–62(b)(2)) is amended by striking “section 2751” and inserting “sections 2751 and 2755”.
(1) The amendments made by this section shall apply with respect to group health plans (and health insurance issuers offering group health insurance coverage) for plan years beginning on or after January 1, 2010.
(2) The amendment made by subsection (c)(2) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.
(e) Coordination.—Section 104(1) of the Health Insurance Portability and Accountability Act of 1996 is amended by striking “(and the amendments made by this subtitle and section 401)” and inserting “, part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986”.
(a) Amendments to the Employee Retirement Income Security Act of 1974.—
(1) IN GENERAL.—Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.), as amended by section 108, is amended by adding at the end the following:
“(a) In general.—A group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not impose an aggregate dollar lifetime limit with respect to benefits payable under the plan or coverage.
“(b) Definition.—In this section, the term ‘aggregate dollar lifetime limit’ means, with respect to benefits under a group health plan or health insurance coverage offered in connection with a group health plan, a dollar limitation on the total amount that may be paid with respect to such benefits under the plan or health insurance coverage with respect to an individual or other coverage unit on a lifetime basis.”.
(2) CLERICAL AMENDMENT.—The table of contents in section 1 of such Act, is amended by inserting after the item relating to section 715 the following new item:
(b) Amendments to the Internal Revenue Code of 1986.—
(1) IN GENERAL.—Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by section 108(b), is amended by adding at the end the following new section:
“(a) In general.—A group health plan may not impose an aggregate dollar lifetime limit with respect to benefits payable under the plan.
“(b) Definition.—In this section, the term ‘aggregate dollar lifetime limit’ means, with respect to benefits under a group health plan a dollar limitation on the total amount that may be paid with respect to such benefits under the plan with respect to an individual or other coverage unit on a lifetime basis.”.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 100 of such Code, as amended by section 108(b), is amended by adding at the end the following new item:
(c) Amendment to the Public Health Service Act relating to the group market.—
(1) IN GENERAL.—Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–4 et seq.) as amended by section 108(c)(1), is amended by adding at the end the following:
“(a) In General.—A group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not impose an aggregate dollar lifetime limit with respect to benefits payable under the plan or coverage.
“(b) Definition.—In this section, the term ‘aggregate dollar lifetime limit’ means, with respect to benefits under a group health plan or health insurance coverage, a dollar limitation on the total amount that may be paid with respect to such benefits under the plan or health insurance coverage with respect to an individual or other coverage unit on a lifetime basis.”.
(2) INDIVIDUAL MARKET.—Subpart 2 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–51 et seq.), as amended by section 108(c)(2), is amended by adding at the end the following:
“The provisions of section 2709 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.”.
(1) The amendments made by this section shall apply with respect to group health plans (and health insurance issuers offering group health insurance coverage) for plan years beginning on or after January 1, 2010.
(2) The amendment made by subsection (c)(2) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.
(a) In general.—Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by sections 108 and 109, is amended by inserting after section 716 the following new section:
“(a) In general.—Every group health plan shall contain a provision which expressly bars the plan, or any fiduciary of the plan, from reducing the benefits provided under the plan to a retired participant, or beneficiary of such participant, if such reduction affects the benefits provided to the participant or beneficiary as of the date the participant retired for purposes of the plan and such reduction occurs after the participant’s retirement unless such reduction is also made with respect to active participants. Nothing in this section shall prohibit a plan from enforcing a total aggregate cap on amounts paid for retiree health coverage that is part of the plan at the time of retirement.
“(b) No reduction.—Notwithstanding that a group health plan may contain a provision reserving the general power to amend or terminate the plan or a provision specifically authorizing the plan to make post-retirement reductions in retiree health benefits, it shall be prohibited for any group health plan, whether through amendment or otherwise, to reduce the benefits provided to a retired participant or the participant’s beneficiary under the terms of the plan if such reduction of benefits occurs after the date the participant retired for purposes of the plan and reduces benefits that were provided to the participant, or the participant’s beneficiary, as of the date the participant retired unless such reduction is also made with respect to active participants.
“(c) Reduction described.— For purposes of this section, a reduction in benefits—
“(1) with respect to premiums occurs under a group health plan when a participant’s (or beneficiary’s) share of the total premium (or, in the case of a self-insured plan, the costs of coverage) of the plan substantially increases; or
“(2) with respect to other cost-sharing and benefits under a group health plan occurs when there is a substantial decrease in the actuarial value of the benefit package under the plan.
For purposes of this section, the term ‘substantial’ means an increase in the total premium share or a decrease in the actuarial value of the benefit package that is greater than 5 percent.”(b) Conforming amendment.—The table of contents in section 1 of such Act, as amended by sections 108 and 109, is amended by inserting after the item relating to section 716 the following new item:
(c) Waiver.—An employer may, in a form and manner which shall be prescribed by the Secretary of Labor, apply for a waiver from this provision if the employer can reasonably demonstrate that meeting the requirements of this section would impose an undue hardship on the employer.
(d) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act.
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a temporary reinsurance program (in this section referred to as the “reinsurance program”) to provide reimbursement to assist participating employment-based plans with the cost of providing health benefits to retirees and to eligible spouses, surviving spouses and dependents of such retirees.
(2) DEFINITIONS.—For purposes of this section:
(A) The term “eligible employment-based plan” means a group health plan or employment-based health plan that—
(I) maintained by one or more employers (including without limitation any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing), former employers or employee organizations or associations, or a voluntary employees’ beneficiary association, or a committee or board of individuals appointed to administer such plan; or
(II) a multiemployer plan (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974); and
(ii) provides health benefits to retirees.
(B) The term “health benefits” means medical, surgical, hospital, prescription drug, and such other benefits as shall be determined by the Secretary, whether self-funded or delivered through the purchase of insurance or otherwise.
(C) The term “participating employment-based plan” means an eligible employment-based plan that is participating in the reinsurance program.
(D) The term “retiree” means, with respect to a participating employment-benefit plan, an individual who—
(i) is 55 years of age or older;
(ii) is not eligible for coverage under title XVIII of the Social Security Act; and
(iii) is not an active employee of an employer maintaining the plan or of any employer that makes or has made substantial contributions to fund such plan.
(E) The term “Secretary” means Secretary of Health and Human Services.
(b) Participation.—To be eligible to participate in the reinsurance program, an eligible employment-based plan shall submit to the Secretary an application for participation in the program, at such time, in such manner, and containing such information as the Secretary shall require.
(A) IN GENERAL.—Under the reinsurance program, a participating employment-based plan shall submit claims for reimbursement to the Secretary which shall contain documentation of the actual costs of the items and services for which each claim is being submitted.
(B) BASIS FOR CLAIMS.—Each claim submitted under subparagraph (A) shall be based on the actual amount expended by the participating employment-based plan involved within the plan year for the appropriate employment based health benefits provided to a retiree or to the spouse, surviving spouse, or dependent of a retiree. In determining the amount of any claim for purposes of this subsection, the participating employment-based plan shall take into account any negotiated price concessions (such as discounts, direct or indirect subsidies, rebates, and direct or indirect remunerations) obtained by such plan with respect to such health benefits. For purposes of calculating the amount of any claim, the costs paid by the retiree or by the spouse, surviving spouse, or dependent of the retiree in the form of deductibles, copayments, and coinsurance shall be included along with the amounts paid by the participating employment-based plan.
(2) PROGRAM PAYMENTS AND LIMIT.—If the Secretary determines that a participating employment-based plan has submitted a valid claim under paragraph (1), the Secretary shall reimburse such plan for 80 percent of that portion of the costs attributable to such claim that exceeds $15,000, but is less than $90,000. Such amounts shall be adjusted each year based on the percentage increase in the medical care component of the Consumer Price Index (rounded to the nearest multiple of $1,000) for the year involved.
(3) USE OF PAYMENTS.—Amounts paid to a participating employment-based plan under this subsection shall only be used to reduce the costs of health care provided by the plan by reducing premium costs for the employer or employee association maintaining the plan, and reducing premium contributions, deductibles, copayments, coinsurance, or other out-of-pocket costs for plan participants and beneficiaries. Where the benefits are provided by an employer to members of a represented bargaining unit, the allocation of payments among these purposes shall be subject to collective bargaining. Amounts paid to the plan under this subsection shall not be used as general revenues by the employer or employee association maintaining the plan or for any other purposes. The Secretary shall develop a mechanism to monitor the appropriate use of such payments by such plans.
(4) APPEALS AND PROGRAM PROTECTIONS.—The Secretary shall establish—
(A) an appeals process to permit participating employment-based plans to appeal a determination of the Secretary with respect to claims submitted under this section; and
(B) procedures to protect against fraud, waste, and abuse under the program.
(5) AUDITS.—The Secretary shall conduct annual audits of claims data submitted by participating employment-based plans under this section to ensure that they are in compliance with the requirements of this section.
(d) Retiree Reserve Trust Fund.—
(A) IN GENERAL.—There is established in the Treasury of the United States a trust fund to be known as the “Retiree Reserve Trust Fund” (referred to in this section as the “Trust Fund”), that shall consist of such amounts as may be appropriated or credited to the Trust Fund as provided for in this subsection to enable the Secretary to carry out the reinsurance program. Such amounts shall remain available until expended.
(B) FUNDING.—There are hereby appropriated to the Trust Fund, out of any moneys in the Treasury not otherwise appropriated, an amount requested by the Secretary as necessary to carry out this section, except that the total of all such amounts requested shall not exceed $10,000,000,000.
(C) APPROPRIATIONS FROM THE TRUST FUND.—
(i) IN GENERAL.—Amounts in the Trust Fund are appropriated to provide funding to carry out the reinsurance program and shall be used to carry out such program.
(ii) LIMITATION TO AVAILABLE FUNDS.—The Secretary has the authority to stop taking applications for participation in the program or take such other steps in reducing expenditures under the reinsurance program in order to ensure that expenditures under the reinsurance program do not exceed the funds available under this subsection.
(1) IN GENERAL.—For purposes of this section, the Secretaries of Health and Human Services and Labor shall jointly award wellness grants as determined under this section. Wellness program grants shall be awarded to small employers (as defined by the Secretary) for any plan year in an amount equal to 50 percent of the costs paid or incurred by such employers in connection with a qualified wellness program during the plan year. For purposes of the preceding sentence, in the case of any qualified wellness program offered as part of an employment-based health plan, only costs attributable to the qualified wellness program and not to the health plan, or health insurance coverage offered in connection with such a plan, may be taken into account.
(A) PERIOD.—A wellness grant awarded to an employer under this section shall be for up to 3 years.
(B) AMOUNT.—The amount of the grant under paragraph (1) for an employer shall not exceed—
(i) the product of $150 and the number of employees of the employer for any plan year; and
(ii) $50,000 for the entire period of the grant.
(b) Qualified wellness program.—For purposes of this section:
(1) QUALIFIED WELLNESS PROGRAM.—The term “qualified wellness program” means a program that —
(A) includes any 3 wellness components described in subsection (c); and
(B) is to be certified jointly by the Secretary of Health and Human Services and the Secretary of Labor, in coordination with the Director of the Centers for Disease Control and Prevention, as a qualified wellness program under this section.
(2) PROGRAMS MUST BE CONSISTENT WITH RESEARCH AND BEST PRACTICES.—
(A) IN GENERAL.—The Secretary of Health and Human Services and the Secretary of Labor shall not certify a program as a qualified wellness program unless the program—
(i) is consistent with evidence-based research and best practices, as identified by persons with expertise in employer health promotion and wellness programs;
(ii) includes multiple, evidence-based strategies which are based on the existing and emerging research and careful scientific reviews, including the Guide to Community Preventative Services, the Guide to Clinical Preventative Services, and the National Registry for Effective Programs, and
(iii) includes strategies which focus on prevention and support for employee populations at risk of poor health outcomes.
(B) PERIODIC UPDATING AND REVIEW.—The Secretaries of Health and Human Services and Labor, in consultation with other appropriate agencies shall jointly establish procedures for periodic review, evaluation, and update of the programs under this subsection.
(3) HEALTH LITERACY AND ACCESSIBILITY.—The Secretaries of Health and Human Services and Labor shall jointly, as part of the certification process—
(A) ensure that employers make the programs culturally competent, physically and programmatically accessible (including for individuals with disabilities), and appropriate to the health literacy needs of the employees covered by the programs;
(B) require a health literacy component to provide special assistance and materials to employees with low literacy skills, limited English and from underserved populations; and
(C) require the Secretaries to compile and disseminate to employer health plans information on model health literacy curricula, instructional programs, and effective intervention strategies.
(c) Wellness program components.—For purposes of this section, the wellness program components described in this subsection are the following:
(1) HEALTH AWARENESS COMPONENT.—A health awareness component which provides for the following:
(A) HEALTH EDUCATION.—The dissemination of health information which addresses the specific needs and health risks of employees.
(B) HEALTH SCREENINGS.—The opportunity for periodic screenings for health problems and referrals for appropriate follow-up measures.
(2) EMPLOYEE ENGAGEMENT COMPONENT.—An employee engagement component which provides for the active engagement of employees in worksite wellness programs through worksite assessments and program planning, onsite delivery, evaluation, and improvement efforts.
(3) BEHAVIORAL CHANGE COMPONENT.—A behavioral change component which encourages healthy living through counseling, seminars, on-line programs, self-help materials, or other programs which provide technical assistance and problem solving skills. Such component may include programs relating to—
(A) tobacco use;
(B) obesity;
(C) stress management;
(D) physical fitness;
(E) nutrition;
(F) substance abuse;
(G) depression; and
(H) mental health promotion.
(4) SUPPORTIVE ENVIRONMENT COMPONENT.—A supportive environment component which includes the following:
(A) ON-SITE POLICIES.—Policies and services at the worksite which promote a healthy lifestyle, including policies relating to—
(i) tobacco use at the worksite;
(ii) the nutrition of food available at the worksite through cafeterias and vending options;
(iii) minimizing stress and promoting positive mental health in the workplace; and
(iv) the encouragement of physical activity before, during, and after work hours.
(d) Participation requirement.—No grant shall be allowed under subsection (a) unless the Secretaries of Health and Human Services and Labor, in consultation with other appropriate agencies, jointly certify, as a part of any certification described in subsection (b), that each wellness program component of the qualified wellness program—
(1) shall be available to all employees of the employer;
(2) shall not mandate participation by employees; and
(3) may provide a financial reward for participation of an individual in such program so long as such reward is not tied to the premium or cost-sharing of the individual under the health benefits plan.
(e) Privacy protections.—Data gathered for purposes of the employer wellness program may be used solely for the purposes of administering the program. The Secretaries of Health and Human Services and Labor shall develop standards to ensure such data remain confidential and are not used for purposes beyond those for administering the program.
(f) Certain costs not included.—For purposes of this section, costs paid or incurred by an employer for food or health insurance shall not be taken into account under subsection (a).
(g) Outreach.—The Secretaries of Health and Human Services and Labor, in conjunction with other appropriate agencies and members of the business community, shall jointly institute an outreach program to inform businesses about the availability of the wellness program grant as well as to educate businesses on how to develop programs according to recognized and promising practices and on how to measure the success of implemented programs.
(h) Effective date.—This section shall take effect on July 1, 2010.
(i) Authorization of appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.
(a) Extension of current periods of continuation coverage.—
(1) IN GENERAL.—In the case of any individual who is, under a COBRA continuation coverage provision, covered under COBRA continuation coverage on or after the date of the enactment of this Act, the required period of any such coverage which has not subsequently terminated under the terms of such provision for any reason other than the expiration of a period of a specified number of months shall, notwithstanding such provision and subject to subsection (b), extend to the earlier of the date on which such individual becomes eligible for acceptable coverage or the date on which such individual becomes eligible for health insurance coverage through the Health Insurance Exchange (or a State-based Health Insurance Exchange operating in a State or group of States).
(2) NOTICE.—As soon as practicable after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall, in consultation with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, provide rules setting forth the form and manner in which prompt notice to individuals of the continued availability of COBRA continuation coverage to such individuals under paragraph (1).
(b) Continued effect of other terminating events.—Notwithstanding subsection (a), any required period of COBRA continuation coverage which is extended under such subsection shall terminate upon the occurrence, prior to the date of termination otherwise provided in such subsection, of any terminating event specified in the applicable continuation coverage provision other than the expiration of a period of a specified number of months.
(c) Access to State health benefits risk pools.—This section shall supersede any provision of the law of a State or political subdivision thereof to the extent that such provision has the effect of limiting or precluding access by a qualified beneficiary whose COBRA continuation coverage has been extended under this section to a State health benefits risk pool recognized by the Commissioner for purposes of this section solely by reason of the extension of such coverage beyond the date on which such coverage otherwise would have expired.
(d) Definitions.—For purposes of this section—
(1) COBRA CONTINUATION COVERAGE.—The term “COBRA continuation coverage” means continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 905a of title 5, United States Code, or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986.
(2) COBRA CONTINUATION PROVISION.—The term “COBRA continuation provision” means the provisions of law described in paragraph (1).
(a) In general.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall provide grants to States (as defined for purposes of title XIX of the Social Security Act) to establish programs to expand access to affordable health care coverage for the uninsured populations in that State in a manner consistent with reforms to take effect under this division in Y1.
(b) Types of programs.—The types of programs for which grants are available under subsection (a) include the following:
(1) STATE INSURANCE EXCHANGES.—State insurance exchanges that develop new, less expensive, portable benefit packages for small employers and part-time and seasonal workers.
(2) COMMUNITY COVERAGE PROGRAM.—Community coverage with shared responsibility between employers, governmental or nonprofit entity, and the individual.
(3) REINSURANCE PLAN PROGRAM.—Reinsurance plans that subsidize a certain share of carrier losses within a certain risk corridor health insurance premium assistance.
(4) TRANSPARENT MARKETPLACE PROGRAM.—Transparent marketplace that provides an organized structure for the sale of insurance products such as a Web exchange or portal.
(5) AUTOMATED ENROLLMENT PROGRAM.—Statewide or automated enrollment systems for public assistance programs.
(6) INNOVATIVE STRATEGIES.—Innovative strategies to insure low-income childless adults.
(7) PURCHASING COLLABORATIVES.—Business/consumer collaborative that provides direct contract health care service purchasing options for group plan sponsors.
(c) Eligibility and administration.—
(1) IMPLEMENTATION OF KEY STATUTORY OR REGULATORY CHANGES.—In order to be awarded a grant under this section for a program, a State shall demonstrate that—
(A) it has achieved the key State and local statutory or regulatory changes required to begin implementing the new program within 1 year after the initiation of funding under the grant; and
(B) it will be able to sustain the program without Federal funding after the end of the period of the grant.
(2) INELIGIBILITY.—A State that has already developed a comprehensive health insurance access program is not eligible for a grant under this section.
(3) APPLICATION REQUIRED.—No State shall receive a grant under this section unless the State has approved by the Secretary such an application, in such form and manner as the Secretary specifies.
(4) ADMINISTRATION BASED ON CURRENT PROGRAM.—The program under this section is intended to build on the State Health Access Program funded under the Omnibus Appropriations Act, 2009 (Public Law 111–8).
(1) IN GENERAL.—A grant under this section shall—
(A) only be available for expenditures before Y1; and
(B) only be used to supplement, and not supplant, funds otherwise provided.
(2) MATCHING FUND REQUIREMENT.—
(A) IN GENERAL.—Subject to subparagraph (B), no grant may be awarded to a State unless the State demonstrates the seriousness of its effort by matching at least 20 percent of the grant amount through non-Federal resources, which may be a combination of State, local, private dollars from insurers, providers, and other private organizations.
(B) WAIVER.—The Secretary may waive the requirement of subparagraph (A) if the State demonstrates to the Secretary financial hardship in complying with such requirement.
(e) Study.—The Secretary shall review, study, and benchmark the progress and results of the programs funded under this section.
(f) Report.—Each State receiving a grant under this section shall submit to the Secretary a report on best practices and lessons learned through the grant to inform the health reform coverage expansions under this division beginning in Y1.
(g) Funding.—There are authorized to be appropriated such sums as may be necessary to carry out this section.
(a) Standardizing electronic administrative transactions.—
(1) IN GENERAL.—Part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.) is amended by inserting after section 1173 the following new sections:
“(a) Standards for financial and administrative transactions.—
“(1) IN GENERAL.—The Secretary shall adopt and regularly update standards consistent with the goals described in paragraph (2).
“(2) GOALS FOR FINANCIAL AND ADMINISTRATIVE TRANSACTIONS.—The goals for standards under paragraph (1) are that such standards shall, to the extent practicable—
“(A) be unique with no conflicting or redundant standards;
“(B) be authoritative, permitting no additions or constraints for electronic transactions, including companion guides;
“(C) be comprehensive, efficient and robust, requiring minimal augmentation by paper transactions or clarification by further communications;
“(D) enable the real-time (or near real-time) determination of an individual’s financial responsibility at the point of service and, to the extent possible, prior to service, including whether the individual is eligible for a specific service with a specific physician at a specific facility, on a specific date or range of dates, include utilization of a machine-readable health plan beneficiary identification card or similar mechanism;
“(E) enable, where feasible, near real-time adjudication of claims;
“(F) provide for timely acknowledgment, response, and status reporting applicable to any electronic transaction deemed appropriate by the Secretary;
“(G) describe all data elements (such as reason and remark codes) in unambiguous terms, not permit optional fields, require that data elements be either required or conditioned upon set values in other fields, and prohibit additional conditions except where required by (or to implement) State or Federal law or to protect against fraud and abuse; and
“(H) harmonize all common data elements across administrative and clinical transaction standards.
“(3) TIME FOR ADOPTION.—Not later than 2 years after the date of the enactment of this section, the Secretary shall adopt standards under this section by interim, final rule.
“(4) REQUIREMENTS FOR SPECIFIC STANDARDS.—The standards under this section shall be developed, adopted, and enforced so as to—
“(A) clarify, refine, complete, and expand, as needed, the standards required under section 1173;
“(B) require paper versions of standardized transactions to comply with the same standards as to data content such that a fully compliant, equivalent electronic transaction can be populated from the data from a paper version;
“(C) enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;
“(D) require timely and transparent claim and denial management processes, including uniform claim edits, uniform reason and remark denial codes, tracking, adjudication, and appeal processing;
“(E) require the use of a standard electronic transaction with which health care providers may quickly and efficiently enroll with a health plan to conduct the other electronic transactions provided for in this part; and
“(F) provide for other requirements relating to administrative simplification as identified by the Secretary, in consultation with stakeholders.
“(5) BUILDING ON EXISTING STANDARDS.—In adopting the standards under this section, the Secretary shall consider existing and planned standards.
“(6) IMPLEMENTATION AND ENFORCEMENT.—Not later than 6 months after the date of the enactment of this section, the Secretary shall submit to the appropriate committees of Congress a plan for the implementation and enforcement, by not later than 5 years after such date of enactment, of the standards under this section. Such plan shall include—
“(A) a process and timeframe with milestones for developing the complete set of standards;
“(B) a proposal for accommodating necessary changes between version changes and a process for upgrading standards as often as annually by interim, final rulemaking;
“(C) programs to provide incentives for, and ease the burden of, implementation for certain health care providers, with special consideration given to such providers serving rural or underserved areas and ensure coordination with standards, implementation specifications, and certification criteria being adopted under the HITECH Act;
“(D) programs to provide incentives for, and ease the burden of, health care providers who volunteer to participate in the process of setting standards for electronic transactions;
“(E) an estimate of total funds needed to ensure timely completion of the implementation plan; and
“(F) an enforcement process that includes timely investigation of complaints, random audits to ensure compliance, civil monetary and programmatic penalties for noncompliance consistent with existing laws and regulations, and a fair and reasonable appeals process building off of enforcement provisions under this part, and concurrent State enforcement jurisdiction.
The Secretary may promulgate an annual audit and certification process to ensure that all health plans and clearinghouses are both syntactically and functionally compliant with all the standard transactions mandated pursuant to the administrative simplification provisions of this part and the Health Insurance Portability and Accountability Act of 1996.
“(b) Limitations on use of data.—Nothing in this section shall be construed to permit the use of information collected under this section in a manner that would violate State or Federal law.
“(c) Protection of data.—The Secretary shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) are used and disclosed in a manner that meets the HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act), including any privacy or security standard adopted under section 3004 of such Act.
“(a) In general.—The Secretary shall adopt a single, binding, comprehensive companion guide, that includes operating rules for each X12 Version 5010 transaction described in section 1173(a)(2), to be effective until the new version of these transactions which comply with section 1173A are adopted and implemented.
“(b) Companion guide and operating rules development.—In adopting such interim companion guide and rules, the Secretary shall comply with section 1172, except that a nonprofit entity that meets the following criteria shall also be consulted:
“(1) The entity focuses its mission on administrative simplification.
“(2) The entity uses a multistakeholder process that creates consensus-based companion guides, including operating rules using a voting process that ensures balanced representation by the critical stakeholders (including health plans and health care providers) so that no one group dominates the entity and shall include others such as standards development organizations, and relevant Federal or State agencies.
“(3) The entity has in place a public set of guiding principles that ensure the companion guide and operating rules and process are open and transparent.
“(4) The entity coordinates its activities with the HIT Policy Committee, and the HIT Standards Committee (established under title XXX of the Public Health Service Act) and complements the efforts of the Office of the National Healthcare Coordinator and its related health information exchange goals.
“(5) The entity incorporates the standards issued under Health Insurance Portability and Accountability Act of 1996 and this part, and in developing the companion guide and operating rules does not change the definition, data condition or use of a data element or segment in a standard, add any elements or segments to the maximum defined data set, use any codes or data elements that are either marked ‘not used’ in the standard’s implementation specifications or are not in the standard’s implementation specifications, or change the meaning or intent of the standard’s implementation specifications.
“(6) The entity uses existing market research and proven best practices.
“(7) The entity has a set of measures that allow for the evaluation of their market impact and public reporting of aggregate stakeholder impact.
“(8) The entity supports nondiscrimination and conflict of interest policies that demonstrate a commitment to open, fair, and nondiscriminatory practices.
“(9) The entity allows for public reviews and comment on updates of the companion guide, including the operating rules.
“(c) Implementation.—The Secretary shall adopt a single, binding companion guide, including operating rules under this section, for each transaction, to become effective with the X12 Version 5010 transaction implementation, or as soon thereafter as feasible. The companion guide, including operating rules for the transactions for eligibility for health plan and health claims status under this section shall be adopted not later than October 1, 2011, in a manner such that such set of rules is effective beginning not later than January 1, 2013. The companion guide, including operating rules for the remainder of the transactions described in section 1173(a)(2) shall be adopted not later than October 1, 2012, in a manner such that such set of rules is effective beginning not later than January 1, 2014.”.
(2) DEFINITIONS.—Section 1171 of such Act (42 U.S.C. 1320d) is amended—
(A) in paragraph (1), by inserting “, and associated operational guidelines and instructions, as determined appropriate by the Secretary” after “medical procedure codes”; and
(B) by adding at the end the following new paragraph:
“(10) OPERATING RULES.—The term ‘operating rules’ means business rules for using and processing transactions, such as service level requirements, which do not impact the implementation specifications or other data content requirements.”.
(3) CONFORMING AMENDMENT.—Section 1179(a) of such Act (42 U.S.C. 1320d–8(a)) is amended, in the matter before paragraph (1)—
(A) by inserting “on behalf of an individual” after “1978)”; and
(B) by inserting “on behalf of an individual” after “for a financial institution” and
(b) Standards for claims attachments and coordination of benefits.—
(1) STANDARD FOR HEALTH CLAIMS ATTACHMENTS.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim, final rule to establish a standard for health claims attachment transaction described in section 1173(a)(2)(B) of the Social Security Act (42 U.S.C. 1320d–2(a)(2)(B)) and coordination of benefits.
(2) REVISION IN PROCESSING PAYMENT TRANSACTIONS BY FINANCIAL INSTITUTIONS.—
(A) IN GENERAL.—Section 1179 of the Social Security Act (42 U.S.C. 1320d–8) is amended, in the matter before paragraph (1)—
(i) by striking “or is engaged” and inserting “and is engaged”; and
(ii) by inserting “(other than as a business associate for a covered entity)” after “for a financial institution”.
(B) COMPLIANCE DATE.—The amendments made by subparagraph (A) shall apply to transactions occurring on or after such date (not later than January 1, 2014) as the Secretary of Health and Human Services shall specify.
(c) Standards for first report of injury.—Not later than January 1, 2014, the Secretary of Health and Human Services shall promulgate an interim final rule to establish a standard for the first report of injury transaction described in section 1173(a)(2)(G) of the Social Security Act (42 U.S.C. 1320d–2(a)(2)(G)).
(d) Unique health plan identifier.—Not later October 1, 2012, the Secretary of Health and Human Services shall promulgate an interim final rule to establish a unique health plan identifier described in section 1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) based on the input of the National Committee of Vital and Health Statistics and consultation with health plans, health care providers, and other interested parties.
(e) Expansion of electronic transactions in medicare.—Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended—
(1) in paragraph (23), by striking “or” at the end;
(2) in paragraph (24), by striking the period and inserting “; or”; and
(3) by inserting after paragraph (24) the following new paragraph:
“(25) subject to subsection (h), not later than January 1, 2015, for which the payment is other than by electronic funds transfer (EFT) so long as the Secretary has adopted and implemented a standard for electronic funds transfer under section 1173A.”.
(f) Expansion of penalties.—Section 1176 of such Act (42 U.S.C. 1320d–5) is amended by adding at the end the following new subsection:
“(c) Expansion of penalty authority.—The Secretary may, in addition to the penalties provided under subsections (a) and (b), provide for the imposition of penalties for violations of this part that are comparable—
“(1) in the case of health plans, to the sanctions the Secretary is authorized to impose under part C or D of title XVIII in the case of a plan that violates a provision of such part; or
“(2) in the case of a health care provider, to the sanctions the Secretary is authorized to impose under part A, B, or D of title XVIII in the case of a health care provider that violations a provision of such part with respect to that provider.”.