ABORTION ; Sec 258, application of State and federal laws regarding
Index of Sec 258. ...ABORTION ; No preemption of State laws regarding
Index of Sec 258. ...ABORTION ; No Effect on federal laws regarding
Index of Sec 258. ...ABORTION ; Willingness or refusal to provide
Index of Sec 258. ...ABORTION or providing or participating in training to provide abortion ; Cover or referring for
Index of Sec 258. ...ABORTION on minor ; Coverage or procedural requirements on abortions including parental notification or consent for performance of
Index of Sec 258. ...ACCEPTABLE coverage under division ; Subject to succeeding provisions of section for purposes of establishing
Index of Sec 202. ...ACCEPTABLE coverage under division ; Employment-based health plan described in paragraph to be treated as
Index of Sec 202. ...ACCEPTABLE coverage so long as Secretary of Labor determining that coverage for employees being substantially equivalent or greater than coverage provided for employees pursuant to essential benefits packaging ; Coverage provided pursuant to Hawaii Prepaid Health Care Act to be treated as qualified health benefits planning providing
Index of Sec 256. ...ACCOUNT innovation in health care and considering standards reducing health disparities ; Committee taking into
Index of Sec 223. ...ACCOUNTABILITY of QHBP offering entities in meeting Federal health insurance requirements ; Commissioner undertaking activities in accordance with subtitle to promote
Index of Sec 242. ...ACTUARIAL basis for including coverage under basic plan of services described in section 222(d)(4)(a) ; Commissioner estimating basic per enrollee determined on average
Index of Sec 213. ...ACTUARIAL services if doing so not involving restraint of trade ; Performing
Index of Sec 262. ...ACTUARIAL value of benefits providing under reference benefiting package described in section 222(c)(3)(b) ; Level of cost-sharing for enhanced plans to be designed so that plans having benefits being actuarially equivalent to approximately 85 percent of
Index of Sec 223. ...ACTUARIAL value of benefits providing under reference benefiting package described in section 222(c)(3)(b) ; Level of cost-sharing for premium plans to be designed so that plans having benefits being actuarially equivalent to approximately 95 percent of
Index of Sec 223. ...PAYMENTS and amount of payments shared with plan and description of percentage of prescriptions For which PBM receiving payments ; Administrative and other payments from pharmaceutical manufacturers and description of types of
Index of Sec 233. ...ADMINISTRATIVE action to increase use of electronic health records by small health care providers including use of public and private funding sources ; Including recommendations for legislation or
Index of Sec 263. ...ADMINISTRATIVE simplification provisions under part C of title XI of Social Security Act with respect to qualified health benefits planing offers ; QHBP offering entity required to comply with
Index of Sec 237. ...ADOPTION of recommending and providing Committee with further opportunity to modify previous recommendations and submitting new recommendations to Secretary on timely basis ; Secretary notifying Health benefiting Advisory Committee in writing of determining and reasons for not proposing
Index of Sec 224. ...ADOPTION of benefit standards so recommended as package ; Proposing
Index of Sec 224. ...ADOPTION of recommended standards by deadline specified in subsection ; Secretary otherwise to be unable to propose initial
Index of Sec 224. ...AFFORDABILITY credits under subtitle C of title III including determination of eligibility for credits ; Administration of individual
Index of Sec 242. ...ANTITRUST laws to health Sector Insurers ; Sec 262 restoring application of
Index of Sec 262. ...ANTITRUST laws with respect to price fixing, market allocation or monopolization ; Nothing contained in Act modifying, impairing or superseding operation of
Index of Sec 262. ...APPOINTMENT members ; Excepting that terms of initial members to be adjusted in order to provide for staggered term of
Index of Sec 223. ...APPOINTMENTS to be made not later than 60 days after date of enactment of Act ; Initial
Index of Sec 223. ...ASSESSMENT and brief counseling for domestic violence as part of behavioral health assessment or primary care visit and determining appropriate coverage for assessment and counseling ; Secretary supporting need for
Index of Sec 222. ...ASSESSMENT and counseling ; Secretary supporting need for assessment and brief counseling for domestic violence as part of behavioral health assessment or primary care visit and determining appropriate coverage for
Index of Sec 222. ...HEALTH care ; Term advanced directive including living or durable power of attorney for
Index of Sec 240. ...INFORMATION relating to violation ; Attorney general of State
Index of Sec 253. ...BEHAVIORAL health treatments ; Mental health and substance use disorder services including
Index of Sec 222. ...CERTIFICATION under applicable State law ; Act not to be construed as superseding laws of State or jurisdiction designed to prohibit qualified health benefits planning from discriminating with respect to participation, reimbursement, covered services, indemnification or related requirements under plan against health care provider acting within scope of provider's license or
Index of Sec 238. ...HEALTH and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with disabilities, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent
Index of Sec 223. ...CHILD means with respect to principal enrollee in qualified health benefits planning ; Term qualified
Index of Sec 216. ...COLLECTIVE bargaining over terms or conditions of employment related to health care ; Nothing in division to be construed to alter or supersede statutory or other obligation to engage in
Index of Sec 254. ...COLLECTIVE bargaining agreement ; Plan amendment making pursuant to collective bargaining agreement relating to plan amending plan solely to conform to requirement added by division not to be treated as termination of
Index of Sec 254. ...COMPLIANCE with Federal requirements ; Commissioner conducting audits of qualified health benefits planning
Index of Sec 242. ...COMPLIANCE audits and targeted audits in response to complaints or other suspected noncompliance ; Audits including random
Index of Sec 242. ...COMPLIANCE purposes and purpose of combating waste ; Permitting State or Federal law enforcement authorities to use information provided for program
Index of Sec 233. ...CONSUMER protections ; Purpose of title to establish standards to ensure that new health insurance coverage and employment-based health plans offered meet standards guaranteeing access to affordable coverage, essential benefits and other
Index of Sec 201. ...CONTRACT filled via mail order and retail pharmacies ; Information on number and total cost of prescriptions under
Index of Sec 233. ...CONTRACT received from pharmaceutical manufacturers including rebates ; Estimate of aggregate average payment per prescription under
Index of Sec 233. ...CONTRACT at retail and mail order pharmacies and percentage of cases in which generic drug dispensed when available ; Information on overall percentage of generic drugs dispensed under
Index of Sec 233. ...CONTRACT in which individuals switched because of PBM policies or direct or indirect control of PBM from prescribed drug having lower cost for QHBP offering entity to drug having higher cost for QHBP offering entity ; Information on percentage and number of cases under
Index of Sec 233. ...CONTRACTS with pharmacy benefit manager or other entity to manage prescription drug coverage or otherwise controlling prescription drug costs under qualified health benefits planning ; QHBP offering entity
Index of Sec 233. ...DENTAL ; Nothing in division to be construed as prohibiting qualified health benefits planning from subcontracting with stand alone health insurance issuers or insurers for provision of
Index of Sec 221. ...VISION carrier ; Offers coverage of excepted benefits described in section 2791(c)(2)(a) of Public Health Service Act for individuals and families from State-licensed dental and
Index of Sec 202. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...DISCLOSURE to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other information as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely
Index of Sec 233. ...DISCLOSURE to participants by group health plans of plan disclosure, plan terms and conditioning and periodic financial disclosure with standards established by Commissioner under paragraph ; Secretary of Labor updating and harmonizing Secretary's rules concerning accurate and timely
Index of Sec 233. ...DISCLOSURE with standards established by Commissioner under paragraph ; Secretary of Labor updating and harmonizing Secretary's rules concerning accurate and timely disclosure to participants by group health plans of plan disclosure, plan terms and conditioning and periodic financial
Index of Sec 233. ...DISCLOSURE, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other information as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial
Index of Sec 233. ...DISCLOSURE with standards established by Commissioner under paragraph ; Secretary of Labor updating and harmonizing Secretary's rules concerning accurate and timely disclosure to participants by group health plans of plan disclosure, plan terms and conditioning and periodic financial
Index of Sec 233. ...DISCLOSURES under paragraphs and provided in plain language ;
Index of Sec 233. ...DISCRIMINATION in health benefits or benefit structures for qualifing health benefits ; Qualified health benefits planning complying with standards established by Commissioner to prohibit
Index of Sec 214. ...DISCRIMINATION in health Care ; Sec 252 prohibiting
Index of Sec 252. ...DISCRIMINATION by employer in violation of subsection bringing action governed by rules, procedures, legal burdens of proof and remedies setting forth in section 40(b) of Consumer Product Safety Act 15 USC 2087(b) ; Employee covered by section alleging
Index of Sec 253. ...DISCRIMINATION based on section and coordinating investigation of complaints ; Office for Civil Rights of Department of Health and Human Services designated to receive complaints of
Index of Sec 259. ...INFORMATION as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other
Index of Sec 233. ...DISENROLLMENT plan ; Assistance to individuals with problems arising from
Index of Sec 244. ...ASSESSMENT and counseling ; Secretary supporting need for assessment and brief counseling for domestic violence as part of behavioral health assessment or primary care visit and determining appropriate coverage for
Index of Sec 222. ...DRUG having higher cost for QHBP offering entity ; Information on percentage and number of cases under contract in which individuals switched because of PBM policies or direct or indirect control of PBM from prescribed drug having lower cost for QHBP offering entity to
Index of Sec 233. ...DRUG dispensed when available ; Information on overall percentage of generic drugs dispensed under contract at retail and mail order pharmacies and percentage of cases in which generic
Index of Sec 233. ...DRUG having higher cost for QHBP offering entity ; Information on percentage and number of cases under contract in which individuals switched because of PBM policies or direct or indirect control of PBM from prescribed drug having lower cost for QHBP offering entity to
Index of Sec 233. ...DRUG costs under qualified health benefits planning ; QHBP offering entity contracts with pharmacy benefit manager or other entity to manage prescription drug coverage or otherwise controlling prescription
Index of Sec 233. ...DRUG costs under qualified health benefits planning ; QHBP offering entity contracts with pharmacy benefit manager or other entity to manage prescription drug coverage or otherwise controlling prescription
Index of Sec 233. ...DRUG prices and spending ; Commissioner preparing public report providing industrywide aggregate or average information to be used in assessing overall impact of PBMS on prescription
Index of Sec 233. ...DUTY of care owed by health care providers to patients in medical malpractice action or claim USC 11151(7) ; Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or
Index of Sec 261. ...ELIGIBILITY for credits ; Administration of individual affordability credits under subtitle C of title III including determination of
Index of Sec 242. ...ACCEPTABLE coverage so long as Secretary of Labor determining that coverage for employees being substantially equivalent or greater than coverage provided for employees pursuant to essential benefits packaging ; Coverage provided pursuant to Hawaii Prepaid Health Care Act to be treated as qualified health benefits planning providing
Index of Sec 256. ...TITLE VII of Civil Rights acting of 1964 ; Nothing in section altering rights and obligations of employees and employers under
Index of Sec 258. ...DISCRIMINATION by employer in violation of subsection bringing action governed by rules, procedures, legal burdens of proof and remedies setting forth in section 40(b) of Consumer Product Safety Act 15 USC 2087(b) ; Employee covered by section alleging
Index of Sec 253. ...EMPLOYMENT-based health plan or otherwise excepting that section 2712(b)(1) applying only if issuer providing enrollee with notice of nonpayment of premiums and grace period during that enrollee having opportunity to correct nonpayment ; 2712 and subsection and subsection of Public Health Service Act applying to individuals and employers in individual and group health insurance coverage through
Index of Sec 212. ...RISK pools of large group insurers and self-insured employers ; Report including recommendations Commissioner deeming appropriate to ensure that law not providing incentives for small and midsize employers to self-insuring or creating adverse selection in
Index of Sec 213. ...HEALTH plans under section 802(a)(1) of Employee Retirement Income Security Act of 1974 ; Previous sentence not to be construed as providing for applicability of rights or remedies under State laws with respect to requirements applicable to employers or other plan sponsors in connection with arrangements treated as group
Index of Sec 251. ...TITLE VII of Civil Rights acting of 1964 ; Nothing in section altering rights and obligations of employees and employers under
Index of Sec 258. ...EMPLOYMENT-based health plan in operation as of day before first day of Y1 meeting same requirements as applying to qualified health benefits planning under section 201 including essential benefit package requirement under section 221 ;
Index of Sec 202. ...EMPLOYMENT-based health plan in which coverage consisting only of one or more of following ; Subparagraph not applying to
Index of Sec 202. ...ACCEPTABLE coverage under division ; Employment-based health plan described in paragraph to be treated as
Index of Sec 202. ...EMPLOYMENT-based health plans ; Case of health insurance coverage not offered through Health Insurance Exchange and case of
Index of Sec 251. ...EMPLOYMENT-based health plan in which coverage consisting only of one or more of coverage or benefits described in clauses ; No case
Index of Sec 202. ...EMPLOYMENT related to health care ; Nothing in division to be construed to alter or supersede statutory or other obligation to engage in collective bargaining over terms or conditions of
Index of Sec 254. ...EXEMPTION for Hawaii Prepaid Health Care Act ; Nothing in division to be construed to modify or limit application of
Index of Sec 256. ...EXEMPTION applying with respect to provisions of division ; Providing under section 514(b)(5) of Employee Retirement Income Security Act of 1974 29 USC 1144(b)(5) and
Index of Sec 256. ...EXPENDITURE of Federal funds appropriated for Department of Health and Human Services not ; Services described in subparagraph being abortions For which
Index of Sec 222. ...EXPENDITURE of Federal funds appropriated for Department of Health and Human Services ; Services described in subparagraph being abortions For which
Index of Sec 222. ...ABORTION ; Sec 258, application of State and federal laws regarding
Index of Sec 258. ...ABORTION ; No Effect on federal laws regarding
Index of Sec 258. ...FINANCIAL assistance under Act ; Federal agency or program and State or local government receiving Federal
Index of Sec 259. ...FINANCIAL security ; Term essential benefits packaging means health benefiting coverage, consistent with standards adopted under section 224, ensuring provision of quality health care and
Index of Sec 222. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...FRAUD as defined in section 2712(b)(2) of Act ; Rescissions of coverage to be prohibited excepting in cases of
Index of Sec 212. ...GENERAL powers, rulemaking and delegation of section 702 of Social Security Act 42 USC 902 applying to Commissioner and Administration in same manner as provisions applying to Commissioner of Social Security and Social Security Administration ; Terms,
Index of Sec 241. ...CONTRACT at retail and mail order pharmacies and percentage of cases in which generic drug dispensed when available ; Information on overall percentage of generic drugs dispensed under
Index of Sec 233. ...GRIEVANCE and appealing mechanisms with respect to qualified health benefits planing that Commissioner establishing consistent with section ; QHBP offering entity providing for timely
Index of Sec 232. ...GRIEVANCE and appealing mechanisms ; Sec 232 requiring fair
Index of Sec 232. ...GRIEVANCE and appealing mechanisms ; Requiring fair
Index of Sec 232. ...HEALTH benefiting plan not to be qualified health benefits planning under division unless plan meeting applicable requirements of following subtitles for type of plan and plan year involved ;
Index of Sec 201. ...HEALTH benefiting plan ; Covering benefits, treatments and services being available under
Index of Sec 215. ...HEALTH benefiting plan other ; Not enrolled in
Index of Sec 216. ...HEALTH and health care and sharing data with Secretary of Health and Human Services ; Commissioner collecting data for purposes of carrying out Commissioner's duties protecting consumers and addressing disparities in
Index of Sec 242. ...FINANCIAL security ; Term essential benefits packaging means health benefiting coverage, consistent with standards adopted under section 224, ensuring provision of quality health care and
Index of Sec 222. ...CONTRACT or certificate of insurance ; Nothing in division to be construed as affecting offering outside of Health Insurance Exchange and State law of health benefits in form of excepted benefits if benefits offered under separate policy,
Index of Sec 221. ...HEALTH and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with disabilities, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent
Index of Sec 223. ...HEALTH benefits ; Qualified health benefits planning complying with standards established by Commissioner to prohibit discrimination in health benefits or benefit structures for qualifing
Index of Sec 214. ...HEALTH benefits or benefit structures for qualifing health benefits ; Qualified health benefits planning complying with standards established by Commissioner to prohibit discrimination in
Index of Sec 214. ...HEALTH benefits planning ; Individual health insurance coverage not grandfathered health insurance coverage under subsection only to be offered after first day of Y1 as Exchange-participating
Index of Sec 202. ...HEALTH benefits planning ; Case of qualified health benefits planning being not Exchange-participating
Index of Sec 221. ...DISCLOSURE to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other information as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely
Index of Sec 233. ...HEALTH benefits planing offered through Exchange ; Providing for dissemination of information related to end-of-life planning to individuals seeking enrollment in Exchange-participating
Index of Sec 240. ...HEALTH benefits planning under division unless plan meeting applicable requirements of following subtitles for type of plan and plan year involved ; Health benefiting plan not to be qualified
Index of Sec 201. ...HEALTH benefits planning under section 201 including essential benefit package requirement under section 221 ; Employment-based health plan in operation as of day before first day of Y1 meeting same requirements as applying to qualified
Index of Sec 202. ...HEALTH benefits planning stand alone plan offered and priced separately from qualified health benefits planning ; Applying requirements for qualified
Index of Sec 202. ...HEALTH benefits planning not imposing preexisting condition exclusion or otherwise imposing limit or condition on coverage under plan with respect to individual or dependent based on following ; Qualified
Index of Sec 211. ...HEALTH benefits planning being health insurance coverage not varying excepting as following ; Premium rate charged for qualified
Index of Sec 213. ...DISCRIMINATION in health benefits or benefit structures for qualifing health benefits ; Qualified health benefits planning complying with standards established by Commissioner to prohibit
Index of Sec 214. ...HEALTH benefits planning ; Term qualified child means with respect to principal enrollee in qualified
Index of Sec 216. ...HEALTH benefits planning from increasing premiums otherwise required for coverage provided under section consistent with standards established by Commissioner based upon family size under section 213(a)(3) ; Nothing in section to be construed as preventing qualified
Index of Sec 216. ...HEALTH benefits planning ; Case of health insurance coverage offered under qualified
Index of Sec 217. ...HEALTH benefits planning providing coverage meeting benefit standards adopted under section 224 for essential benefits packaging described in section 222 for plan year involved ; Qualified
Index of Sec 221. ...HEALTH benefits planning being not Exchange-participating health benefits planning ; Case of qualified
Index of Sec 221. ...DENTAL ; Nothing in division to be construed as prohibiting qualified health benefits planning from subcontracting with stand alone health insurance issuers or insurers for provision of
Index of Sec 221. ...HEALTH benefits planing to participate in Health Insurance Exchange ; Services described in paragraph or part of essential benefits packaging and Commissioner not requiring services for qualified
Index of Sec 222. ...HEALTH benefits planing being health insurance coverage ; QHBP offering entities meeting with respect to qualified
Index of Sec 231. ...HEALTH benefits planing that Commissioner establishing consistent with section ; QHBP offering entity providing for timely grievance and appealing mechanisms with respect to qualified
Index of Sec 232. ...HEALTH benefits planning QHBP offering entity providing internal claims and appeals processing that initially incorporating claims and appealing procedures set forth at section 2560.503 -1 of title 29 ; Qualified
Index of Sec 232. ...HEALTH benefits planning allowing individuals to learn amount of cost-sharing under individual's plan or coverage ; Qualified
Index of Sec 233. ...HEALTH benefits planning complying with standards established by Commissioner to ensure transparency to health care provider relating to reimbursement arrangements between planning and provider ; Qualified
Index of Sec 233. ...HEALTH benefits planning ; QHBP offering entity contracts with pharmacy benefit manager or other entity to manage prescription drug coverage or otherwise controlling prescription drug costs under qualified
Index of Sec 233. ...HEALTH Benefits planing not offered through health insurance Exchange ; Application to qualified
Index of Sec 234. ...HEALTH benefits planning offers in same manner as Medicare Advantage organization required to comply with requirements with respect to Medicare Advantage plan ; QHBP offering entity complying with requirements of section 1857(f) of Social Security Act with respect to qualified
Index of Sec 235. ...HEALTH benefits planing involving individuals and multiple plan coverage ; Commissioner establishing standards for coordination and subrogation of benefits and reimbursement of payments in cases of qualified
Index of Sec 236. ...HEALTH benefits planing offers ; QHBP offering entity required to comply with administrative simplification provisions under part C of title XI of Social Security Act with respect to qualified
Index of Sec 237. ...CERTIFICATION under applicable State law ; Act not to be construed as superseding laws of State or jurisdiction designed to prohibit qualified health benefits planning from discriminating with respect to participation, reimbursement, covered services, indemnification or related requirements under plan against health care provider acting within scope of provider's license or
Index of Sec 238. ...HEALTH benefits planning ; Duration or scope of medical benefits otherwise covered under qualified
Index of Sec 240. ...HEALTH benefits planning standards under title including enforcement of standards in coordination with State insurance regulators and Secretaries of Labor and Treasury ; Establishment of qualified
Index of Sec 242. ...COMPLIANCE with Federal requirements ; Commissioner conducting audits of qualified health benefits planning
Index of Sec 242. ...HEALTH benefits planing reimbursement for costs of examinations and audit of QHBP offering entities ; Commissioner authorized to recoup from qualified
Index of Sec 242. ...HEALTH benefits planning under title and enforcement of standards ; Including concerning standards for health insurance coverage being qualified
Index of Sec 243. ...HEALTH benefits planning ; Assistance to individuals in choosing qualified
Index of Sec 244. ...ACCEPTABLE coverage so long as Secretary of Labor determining that coverage for employees being substantially equivalent or greater than coverage provided for employees pursuant to essential benefits packaging ; Coverage provided pursuant to Hawaii Prepaid Health Care Act to be treated as qualified health benefits planning providing
Index of Sec 256. ...HEALTH care and considering standards reducing health disparities ; Committee taking into account innovation in
Index of Sec 223. ...HEALTH care provider relating to reimbursement arrangements between planning and provider ; Qualified health benefits planning complying with standards established by Commissioner to ensure transparency to
Index of Sec 233. ...CERTIFICATION under applicable State law ; Act not to be construed as superseding laws of State or jurisdiction designed to prohibit qualified health benefits planning from discriminating with respect to participation, reimbursement, covered services, indemnification or related requirements under plan against health care provider acting within scope of provider's license or
Index of Sec 238. ...HEALTH care ; Term advanced directive including living or durable power of attorney for
Index of Sec 240. ...HEALTH Care ; Sec 252 prohibiting discrimination in
Index of Sec 252. ...HEALTH care and related services covered by Act to be provided without regard to personal characteristics extraneous to provision of high quality health care or related services ;
Index of Sec 252. ...HEALTH care and related services covered by Act provided without regard to personal characteristics extraneous to provision of high quality health care or related services ; Secretary of Health and Human Services promulgating regulations as necessary or appropriate to insure that
Index of Sec 252. ...HEALTH care ; Nothing in division to be construed to alter or supersede statutory or other obligation to engage in collective bargaining over terms or conditions of employment related to
Index of Sec 254. ...HEALTH care providers to patients in medical malpractice action or claim USC 11151(7) ; Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or duty of care owed by
Index of Sec 261. ...HEALTH care providers to use electronic health records ; Providing for higher rates of reimbursement or other incentives for
Index of Sec 263. ...HEALTH care providers including software packages being available to health care providers through Veterans Administration and other sources ; Promoting low-cost electronic health record software packages being available for use by
Index of Sec 263. ...HEALTH care to adults as part of essential benefits packaging ; Secretary of Health and Human Services submitting to Congress report containing results of study determining need and cost of providing accessible and affordable oral
Index of Sec 222. ...HEALTH care or related services ; Health care and related services covered by Act to be provided without regard to personal characteristics extraneous to provision of high quality
Index of Sec 252. ...HEALTH care or related services ; Secretary of Health and Human Services promulgating regulations as necessary or appropriate to insure that health care and related services covered by Act provided without regard to personal characteristics extraneous to provision of high quality
Index of Sec 252. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...HEALTH care professional ; Term health care entity including individual physician or other
Index of Sec 259. ...FINANCIAL security ; Term essential benefits packaging means health benefiting coverage, consistent with standards adopted under section 224, ensuring provision of quality health care and
Index of Sec 222. ...HEALTH Care Providers ; Sec 263, studying and reporting on methods to Increase EHR Use by small
Index of Sec 263. ...HEALTH care providers ; Secretary of Health and Human Services conducting study of potential methods to increase use of qualified electronic health records by small
Index of Sec 263. ...HEALTH care providers including use of public and private funding sources ; Including recommendations for legislation or administrative action to increase use of electronic health records by small
Index of Sec 263. ...HEALTH care entity including individual physician or other health care professional ; Term
Index of Sec 259. ...HEALTH care items and services in accordance with benefit standards ; Limits costing-sharing for covered
Index of Sec 222. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...HEALTH care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with disabilities, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of
Index of Sec 223. ...HEALTH coverage laws and benefits of State in developing recommendations under subsection and incorporating coverage and benefits as Committee determining to be appropriate and consistent with Act Health benefiting Advisory Committee seeking input from States and considering recommendations ; Health benefiting Advisory Committee examining
Index of Sec 223. ...HEALTH disparities ; Committee taking into account innovation in health care and considering standards reducing
Index of Sec 223. ...HEALTH plan created or regulated under Act to subject ; Requiring
Index of Sec 259. ...EMPLOYMENT-based health plan in operation as of day before first day of Y1 meeting same requirements as applying to qualified health benefits planning under section 201 including essential benefit package requirement under section 221 ;
Index of Sec 202. ...EMPLOYMENT-based health plan in which coverage consisting only of one or more of following ; Subparagraph not applying to
Index of Sec 202. ...EMPLOYMENT-based health plan in which coverage consisting only of one or more of coverage or benefits described in clauses ; No case
Index of Sec 202. ...ACCEPTABLE coverage under division ; Employment-based health plan described in paragraph to be treated as
Index of Sec 202. ...EMPLOYMENT-based health plan or otherwise excepting that section 2712(b)(1) applying only if issuer providing enrollee with notice of nonpayment of premiums and grace period during that enrollee having opportunity to correct nonpayment ; 2712 and subsection and subsection of Public Health Service Act applying to individuals and employers in individual and group health insurance coverage through
Index of Sec 212. ...CONSUMER protections ; Purpose of title to establish standards to ensure that new health insurance coverage and employment-based health plans offered meet standards guaranteeing access to affordable coverage, essential benefits and other
Index of Sec 201. ...EMPLOYMENT-based health plans ; Case of health insurance coverage not offered through Health Insurance Exchange and case of
Index of Sec 251. ...HEALTH plans under section 802(a)(1) of Employee Retirement Income Security Act of 1974 ; Previous sentence not to be construed as providing for applicability of rights or remedies under State laws with respect to requirements applicable to employers or other plan sponsors in connection with arrangements treated as group
Index of Sec 251. ...HEALTH plans ; Similarities and differences between typical insured and self-insured
Index of Sec 213. ...HEALTH care providers including software packages being available to health care providers through Veterans Administration and other sources ; Promoting low-cost electronic health record software packages being available for use by
Index of Sec 263. ...HEALTH records ; Providing for higher rates of reimbursement or other incentives for health care providers to use electronic
Index of Sec 263. ...HEALTH care providers including use of public and private funding sources ; Including recommendations for legislation or administrative action to increase use of electronic health records by small
Index of Sec 263. ...HEALTH care providers ; Secretary of Health and Human Services conducting study of potential methods to increase use of qualified electronic health records by small
Index of Sec 263. ...HEALTH Sector Insurers ; Sec 262 restoring application of antitrust laws to
Index of Sec 262. ...HISTORICAL loss data meaning information respecting claims paid or reserves holding for claims reported ; Term
Index of Sec 262. ...HOSPITAL and outpatient clinic services including emergency department services ; Outpatient
Index of Sec 222. ...SPECIFIC retailer, manufacturer or wholesaler ; Information disclosed by PBM to Commissioner or QHBP offering entity under subsection being confidential and not disclosed by Commissioner or QHBP offering entity in form disclosing identity of specific PBM or prices charged by PBM or
Index of Sec 233. ...INFORMATION ; Report not disclosing identity of specific PBM or prices charged by PBM or specific retailer, manufacturer or wholesaler or other confidential or trade secret
Index of Sec 233. ...CERTIFICATION under applicable State law ; Act not to be construed as superseding laws of State or jurisdiction designed to prohibit qualified health benefits planning from discriminating with respect to participation, reimbursement, covered services, indemnification or related requirements under plan against health care provider acting within scope of provider's license or
Index of Sec 238. ...INFORMATION on enrollee and participant rights under division ; Information disclosed under subsection including
Index of Sec 233. ...INFORMATION to be made available to individual via Internet Website and other means for individuals without accessing to Internet ;
Index of Sec 233. ...CONTRACT filled via mail order and retail pharmacies ; Information on number and total cost of prescriptions under
Index of Sec 233. ...CONTRACT at retail and mail order pharmacies and percentage of cases in which generic drug dispensed when available ; Information on overall percentage of generic drugs dispensed under
Index of Sec 233. ...CONTRACT in which individuals switched because of PBM policies or direct or indirect control of PBM from prescribed drug having lower cost for QHBP offering entity to drug having higher cost for QHBP offering entity ; Information on percentage and number of cases under
Index of Sec 233. ...INFORMATION disclosed by PBM to Commissioner or QHBP offering entity under subsection being confidential and not disclosed by Commissioner or QHBP offering entity in form disclosing identity of specific PBM or prices charged by PBM or specific retailer, manufacturer or wholesaler ;
Index of Sec 233. ...COMPLIANCE purposes and purpose of combating waste ; Permitting State or Federal law enforcement authorities to use information provided for program
Index of Sec 233. ...INFORMATION in same manner as provisions applying to manufacturer with agreement under sectioning that failing to provide information under subsection of sectioning or knowingly providing false information under section ; Provisions of subsection of section 1927 applying to PBM failing to provide information required under subsection or knowingly providing false
Index of Sec 233. ...INFORMATION related to other planning tools ;
Index of Sec 240. ...INFORMATION including options to maintain ; Information presented under paragraph not presuming withdrawal of treatment and including end-of-life planning
Index of Sec 240. ...INFORMATION provided to meet requirements of subsection not including advanced directives or other planning tools listing or describing as option suicide ;
Index of Sec 240. ...INFORMATION submitted by individuals through means ; Receiving complaints, grievances and requests for
Index of Sec 244. ...INFORMATION under subtitle C ; Assistance to individuals in presenting
Index of Sec 244. ...INFORMATION under clauses ; Authority including authority to conduct studies and preparing reports and sharing
Index of Sec 260. ...INFORMATION respecting claims paid or reserves holding for claims reported ; Term historical loss data meaning
Index of Sec 262. ...INFORMATION on plan ; Using provider network providing current listing of providers in network on Website and data to be available on Health Insurance Exchange Website as part of basic
Index of Sec 215. ...DISSEMINATION of information related to end-of-life planning to individuals seeking enrollment in Exchange-participating health benefits planing offered through Exchange ; Providing for
Index of Sec 240. ...INFORMATION including options to maintain ; Information presented under paragraph not presuming withdrawal of treatment and including end-of-life planning
Index of Sec 240. ...INFORMATION in same manner as provisions applying to manufacturer with agreement under sectioning that failing to provide information under subsection of sectioning or knowingly providing false information under section ; Provisions of subsection of section 1927 applying to PBM failing to provide information required under subsection or knowingly providing false
Index of Sec 233. ...INFORMATION in form and manner to be determined by Commissioner ; PBM providing annually to Commissioner and QHBP offering entity offering plan following
Index of Sec 233. ...INFORMATION relating to violation ; Attorney general of State
Index of Sec 253. ...DRUG prices and spending ; Commissioner preparing public report providing industrywide aggregate or average information to be used in assessing overall impact of PBMS on prescription
Index of Sec 233. ...INFORMATION as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other
Index of Sec 233. ...INFORMATION in sales and marketing practices of pharmaceutical manufacturers ; Secretary of Health and Human Services conducting study on use of physician prescriber
Index of Sec 239. ...INFORMATION needed to seek appeal of decision or determination ; Helping individuals determining relevant
Index of Sec 244. ...INFORMATION ; Report not disclosing identity of specific PBM or prices charged by PBM or specific retailer, manufacturer or wholesaler or other confidential or trade secret
Index of Sec 233. ...INFORMATION as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other
Index of Sec 233. ...COMMISSION or other State regulatory entity with authority to set insurance rates ; Information gathering and rate setting activities of State insurance
Index of Sec 262. ...DISCLOSURE ; Sec 233 requiring information transparency and Plan
Index of Sec 233. ...INSURANCE-related terms ; Commissioner providing for development of standards for definitions of terms used in health insurance coverage including
Index of Sec 242. ...HEALTH insurance in connection with providing health insurance ; Person engaged in business of
Index of Sec 262. ...INSURANCE ; Nothing in division to be construed as affecting offering outside of Health Insurance Exchange and State law of health benefits in form of excepted benefits if benefits offered under separate policy, contract or certificate of
Index of Sec 221. ...HEALTH insurance issuer from using medical management practicing so long as management practices based on valid medical evidence and relevant to patient whose medical treatment under review ; Nothing in Act to be construed to prohibit group health plan or
Index of Sec 221. ...DENTAL ; Nothing in division to be construed as prohibiting qualified health benefits planning from subcontracting with stand alone health insurance issuers or insurers for provision of
Index of Sec 221. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...HEALTH insurance issuers generally with respect to requirement referred in paragraph ; Nothing in paragraph to be construed as preventing application of rights and remedies under State laws to
Index of Sec 251. ...HEALTH insurance ; Person engaged in business of health insurance in connection with providing
Index of Sec 262. ...HEALTH insurance issuer offering coverage not enrolling individual in coverageing if first effective date of coverage after first day of Y1 ; Individual
Index of Sec 202. ...INSURANCE regulators and Secretaries of Labor and Treasury ; Establishment of qualified health benefits planning standards under title including enforcement of standards in coordination with State
Index of Sec 242. ...INSURANCE regulators to terminate plans for repeated failure by offering entity to meet requirements of title ; Working with State
Index of Sec 242. ...HEALTH insurance and respect to business of medical malpractice insurance ; Section 3(c) of McCarran-Ferguson Act applying with respect to business of
Index of Sec 262. ...COMMISSION or other State regulatory entity with authority to set insurance rates ; Information gathering and rate setting activities of State insurance
Index of Sec 262. ...CONSUMER protections ; Purpose of title to establish standards to ensure that new health insurance coverage and employment-based health plans offered meet standards guaranteeing access to affordable coverage, essential benefits and other
Index of Sec 201. ...HEALTH insurance coverage mean health insurance coverage offered in individual market or large or small group market as defined in section 2791 of Public Health Service Act ; Terms individual health insurance coverage and group
Index of Sec 201. ...HEALTH benefits planning ; Case of health insurance coverage offered under qualified
Index of Sec 217. ...EMPLOYMENT-based health plans ; Case of health insurance coverage not offered through Health Insurance Exchange and case of
Index of Sec 251. ...HEALTH insurance coverage meaning individual health insurance coverage offered and force and effect before first day of Y1 if following conditions being met ; Term grandfathered
Index of Sec 202. ...HEALTH benefits planning ; Individual health insurance coverage not grandfathered health insurance coverage under subsection only to be offered after first day of Y1 as Exchange-participating
Index of Sec 202. ...HEALTH insurance coverage ; Paragraph preventing offering of excepted benefits described in section 2791(c) of Public Health Service Act so long as benefits offered outside Health Insurance Exchange and priced separately from
Index of Sec 202. ...HEALTH insurance coverage not varying excepting as following ; Premium rate charged for qualified health benefits planning being
Index of Sec 213. ...HEALTH insurance coverage offered in large group market ; Same manner as provisions applying to
Index of Sec 214. ...HEALTH insurance coverage ; QHBP offering entities meeting with respect to qualified health benefits planing being
Index of Sec 231. ...HEALTH insurance coverage including insurance-related terms ; Commissioner providing for development of standards for definitions of terms used in
Index of Sec 242. ...HEALTH benefits planning under title and enforcement of standards ; Including concerning standards for health insurance coverage being qualified
Index of Sec 243. ...HEALTH insurance coverage offered and force and effect before first day of Y1 if following conditions being met ; Term grandfathered health insurance coverage meaning individual
Index of Sec 202. ...HEALTH benefits planning ; Individual health insurance coverage not grandfathered health insurance coverage under subsection only to be offered after first day of Y1 as Exchange-participating
Index of Sec 202. ...HEALTH insurance coverage offered in individual market or large or small group market as defined in section 2791 of Public Health Service Act ; Terms individual health insurance coverage and group health insurance coverage mean
Index of Sec 201. ...HEALTH insurance coverage without changing premium for enrollees in same risk group at same rate as specified by Commissioner ; Issuer not varying percentage increase in premium for risk group of enrollees in specific grandfathered
Index of Sec 202. ...EMPLOYMENT-based health plan or otherwise excepting that section 2712(b)(1) applying only if issuer providing enrollee with notice of nonpayment of premiums and grace period during that enrollee having opportunity to correct nonpayment ; 2712 and subsection and subsection of Public Health Service Act applying to individuals and employers in individual and group health insurance coverage through
Index of Sec 212. ...HEALTH insurance Exchange ; Application to qualified health Benefits planing not offered through
Index of Sec 234. ...HEALTH insurance marketplace ; Requirements reforming
Index of Sec 201. ...HEALTH insurance option from providing or prohibiting coverage of services described in paragraph ; Nothing in Act to be construed as preventing public
Index of Sec 222. ...INSURANCE rates ; Information gathering and rate setting activities of State insurance commission or other State regulatory entity with authority to set
Index of Sec 262. ...HEALTH insurance requirements ; Commissioner undertaking activities in accordance with subtitle to promote accountability of QHBP offering entities in meeting Federal
Index of Sec 242. ...INTEREST in duties and ensuring effective enforcement ; Commissioner working in coordination with existing Federal and State entities to maximum extent feasible consistent with division and manner preventing conflicts of
Index of Sec 243. ...INTERNAL claims and appeals processing that initially incorporating claims and appealing procedures set forth at section 2560.503 -1 of title 29 ; Qualified health benefits planning QHBP offering entity providing
Index of Sec 232. ...JURISDICTION of defendant to secure monetary or equitable relief for violation of provisions of title or regulations issued ; District court of United States or State court having
Index of Sec 257. ...CERTIFICATION under applicable State law ; Act not to be construed as superseding laws of State or jurisdiction designed to prohibit qualified health benefits planning from discriminating with respect to participation, reimbursement, covered services, indemnification or related requirements under plan against health care provider acting within scope of provider's license or
Index of Sec 238. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...DRUG dispensed when available ; Information on overall percentage of generic drugs dispensed under contract at retail and mail order pharmacies and percentage of cases in which generic
Index of Sec 233. ...MAIL order and retail pharmacies ; Information on number and total cost of prescriptions under contract filled via
Index of Sec 233. ...MALPRACTICE action or claim USC 11151(7) ; Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or duty of care owed by health care providers to patients in medical
Index of Sec 261. ...INSURANCE in connection with providing medical malpractice insurance ; Person engaged in business of medical malpractice
Index of Sec 262. ...INSURANCE ; Section 3(c) of McCarran-Ferguson Act applying with respect to business of health insurance and respect to business of medical malpractice
Index of Sec 262. ...PROFESSIONAL practice ; Providing payment for items and services described in subsection in accordance with generally accepted standards of medical or other appropriate clinical or
Index of Sec 222. ...HEALTH benefits planning ; Duration or scope of medical benefits otherwise covered under qualified
Index of Sec 240. ...MEDICAL evidence and relevant to patient whose medical treatment under review ; Nothing in Act to be construed to prohibit group health plan or health insurance issuer from using medical management practicing so long as management practices based on valid
Index of Sec 221. ...MEDICAL evidence and relevant to patient whose medical treatment under review ; Nothing in Act to be construed to prohibit group health plan or health insurance issuer from using medical management practicing so long as management practices based on valid
Index of Sec 221. ...MEDICAL treatment under review ; Nothing in Act to be construed to prohibit group health plan or health insurance issuer from using medical management practicing so long as management practices based on valid medical evidence and relevant to patient whose
Index of Sec 221. ...BEHAVIORAL health treatments ; Mental health and substance use disorder services including
Index of Sec 222. ...TITLE or regulations issued ; District court of United States or State court having jurisdiction of defendant to secure monetary or equitable relief for violation of provisions of
Index of Sec 257. ...MONOPOLIZATION ; Nothing contained in Act modifying, impairing or superseding operation of antitrust laws with respect to price fixing, market allocation or
Index of Sec 262. ...OF-life decision-making ; Nothing in section to be construed to preempt or otherwise effect on State laws regarding advance care planning, palliative care or end-
Index of Sec 240. ...HEALTH benefits planing offered through Exchange ; Providing for dissemination of information related to end-of-life planning to individuals seeking enrollment in Exchange-participating
Index of Sec 240. ...OF-life planning document ; Requiring individual to complete advanced directive or physician's order for life sustaining treatment or other end-
Index of Sec 240. ...OF-network providers ; Using provider network for items and services meeting standards respecting provider networks as Commissioner establishing to assure adequacy of networks in ensuring enrollee access to items and services and transparency in cost-sharing differentials among providers participating in network and policies for accessing out-
Index of Sec 215. ...INFORMATION as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other
Index of Sec 233. ...ON-line system whereby individual selecting by name ; Commissioner establishing
Index of Sec 215. ...HOSPITAL and outpatient clinic services including emergency department services ; Outpatient
Index of Sec 222. ...ABORTION on minor ; Coverage or procedural requirements on abortions including parental notification or consent for performance of
Index of Sec 258. ...PAYMENT for items and services described in subsection in accordance with generally accepted standards of medical or other appropriate clinical or professional practice ; Providing
Index of Sec 222. ...CONTRACT received from pharmaceutical manufacturers including rebates ; Estimate of aggregate average payment per prescription under
Index of Sec 233. ...PAYMENTS ; Administrative and other payments from pharmaceutical manufacturers and description of types of payments and amount of payments shared with plan and description of percentage of prescriptions For which PBM receiving
Index of Sec 233. ...INFORMATION as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other
Index of Sec 233. ...DISCLOSURE, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other information as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial
Index of Sec 233. ...PAYMENTS and amount of payments shared with plan and description of percentage of prescriptions For which PBM receiving payments ; Administrative and other payments from pharmaceutical manufacturers and description of types of
Index of Sec 233. ...PERSONNEL employed in accordance with requirements of title 5, United States coding in case of sections 308 and 341(b)(2) ; Including use of
Index of Sec 242. ...PERSONNEL employed in accordance with standards prescribed by Office of Personnel Management pursuant to section 208 of Intergovernmental Personnel Act of 1970 42 USC 4728 ; Use of State
Index of Sec 242. ...PHARMACEUTICAL manufacturers including rebates ; Estimate of aggregate average payment per prescription under contract received from
Index of Sec 233. ...PHARMACEUTICAL manufacturers ; Secretary of Health and Human Services conducting study on use of physician prescriber information in sales and marketing practices of
Index of Sec 239. ...DRUG costs under qualified health benefits planning ; QHBP offering entity contracts with pharmacy benefit manager or other entity to manage prescription drug coverage or otherwise controlling prescription
Index of Sec 233. ...OF-life decision-making ; Nothing in section to be construed to preempt or otherwise effect on State laws regarding advance care planning, palliative care or end-
Index of Sec 240. ...PLANNING tools ; Information related to other
Index of Sec 240. ...PLANNING tools listing or describing as option suicide ; Information provided to meet requirements of subsection not including advanced directives or other
Index of Sec 240. ...HEALTH care ; Term advanced directive including living or durable power of attorney for
Index of Sec 240. ...ABORTION ; No preemption of State laws regarding
Index of Sec 258. ...PRENATAL care ; Cost reduction estimated to result from services including
Index of Sec 213. ...PREVENTIVE items and services recommended with grade of A or B by Task Force on Clinical Preventive Services and vaccines recommended for use by Director of Centers for Disease Control and Prevention ;
Index of Sec 222. ...ASSESSMENT and counseling ; Secretary supporting need for assessment and brief counseling for domestic violence as part of behavioral health assessment or primary care visit and determining appropriate coverage for
Index of Sec 222. ...HEALTH benefits planning ; Term qualified child means with respect to principal enrollee in qualified
Index of Sec 216. ...HEALTH and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with disabilities, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent
Index of Sec 223. ...PROFESSIONAL practice ; Providing payment for items and services described in subsection in accordance with generally accepted standards of medical or other appropriate clinical or
Index of Sec 222. ...ADMINISTRATIVE action to increase use of electronic health records by small health care providers including use of public and private funding sources ; Including recommendations for legislation or
Index of Sec 263. ...DISCLOSURE, data on enrollment, data on disenrollment, data on number of claims denials, data on rating practices, information on cost-sharing and payments with respect out-of-network coverage and other information as determined appropriate by Commissioner ; QHBP offering entity offering Exchange-participating health benefits planning complying with standards established by Commissioner for accurate and timely disclosure to Commissioner and public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial
Index of Sec 233. ...PUBLIC input as part of developing recommendations under subsection ; Health benefiting Advisory Committee allowing for
Index of Sec 223. ...DRUG prices and spending ; Commissioner preparing public report providing industrywide aggregate or average information to be used in assessing overall impact of PBMS on prescription
Index of Sec 233. ...PERSONNEL employed in accordance with standards prescribed by Office of Personnel Management pursuant to section 208 of Intergovernmental Personnel Act of 1970 42 USC 4728 ; Use of State
Index of Sec 242. ...COLLECTIVE bargaining agreement ; Plan amendment making pursuant to collective bargaining agreement relating to plan amending plan solely to conform to requirement added by division not to be treated as termination of
Index of Sec 254. ...ACCEPTABLE coverage so long as Secretary of Labor determining that coverage for employees being substantially equivalent or greater than coverage provided for employees pursuant to essential benefits packaging ; Coverage provided pursuant to Hawaii Prepaid Health Care Act to be treated as qualified health benefits planning providing
Index of Sec 256. ...DISABILITIES, representatives of relevant governmental agencies and one practicing physician or other health professional and expert in child and adolescent health and representing balance among various sectors of health care system so ; Labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with
Index of Sec 223. ...REBATES ; Estimate of aggregate average payment per prescription under contract received from pharmaceutical manufacturers including
Index of Sec 233. ...DUTY of care owed by health care providers to patients in medical malpractice action or claim USC 11151(7) ; Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or
Index of Sec 261. ...ABORTION ; Willingness or refusal to provide
Index of Sec 258. ...INSURANCE rates ; Information gathering and rate setting activities of State insurance commission or other State regulatory entity with authority to set
Index of Sec 262. ...CERTIFICATION under applicable State law ; Act not to be construed as superseding laws of State or jurisdiction designed to prohibit qualified health benefits planning from discriminating with respect to participation, reimbursement, covered services, indemnification or related requirements under plan against health care provider acting within scope of provider's license or
Index of Sec 238. ...REIMBURSEMENT for costs of examinations and audit of QHBP offering entities ; Commissioner authorized to recoup from qualified health benefits planing
Index of Sec 242. ...HEALTH care providers to use electronic health records ; Providing for higher rates of reimbursement or other incentives for
Index of Sec 263. ...REIMBURSEMENT arrangements between planning and provider ; Qualified health benefits planning complying with standards established by Commissioner to ensure transparency to health care provider relating to
Index of Sec 233. ...RESCISSIONS ; Sec 212, guaranteed Issue and renewal for insured Plans and prohibiting
Index of Sec 212. ...FRAUD as defined in section 2712(b)(2) of Act ; Rescissions of coverage to be prohibited excepting in cases of
Index of Sec 212. ...RESTRAINT of trade ; Performing actuarial services if doing so not involving
Index of Sec 262. ...RETAIL pharmacies ; Information on number and total cost of prescriptions under contract filled via mail order and
Index of Sec 233. ...RISK of self-insured employers not to be able to pay obligations or otherwise becoming financially insolvent ;
Index of Sec 213. ...RISK of death ; Use increasing
Index of Sec 240. ...HEALTH insurance coverage without changing premium for enrollees in same risk group at same rate as specified by Commissioner ; Issuer not varying percentage increase in premium for risk group of enrollees in specific grandfathered
Index of Sec 202. ...RISK group at same rate as specified by Commissioner ; Issuer not varying percentage increase in premium for risk group of enrollees in specific grandfathered health insurance coverage without changing premium for enrollees in same
Index of Sec 202. ...RISK pools of large group insurers and self-insured employers ; Report including recommendations Commissioner deeming appropriate to ensure that law not providing incentives for small and midsize employers to self-insuring or creating adverse selection in
Index of Sec 213. ...HEALTH care providers through Veterans Administration and other sources ; Promoting low-cost electronic health record software packages being available for use by health care providers including software packages being available to
Index of Sec 263. ...SPECIFIC retailer, manufacturer or wholesaler ; Information disclosed by PBM to Commissioner or QHBP offering entity under subsection being confidential and not disclosed by Commissioner or QHBP offering entity in form disclosing identity of specific PBM or prices charged by PBM or
Index of Sec 233. ...INFORMATION ; Report not disclosing identity of specific PBM or prices charged by PBM or specific retailer, manufacturer or wholesaler or other confidential or trade secret
Index of Sec 233. ...SPECIFIC item or service by participating provider in timely manner upon request ; Individual to be responsible for paying with respect to furnishing of
Index of Sec 233. ...SPECIFIC retailer, manufacturer or wholesaler ; Information disclosed by PBM to Commissioner or QHBP offering entity under subsection being confidential and not disclosed by Commissioner or QHBP offering entity in form disclosing identity of specific PBM or prices charged by PBM or
Index of Sec 233. ...INFORMATION ; Report not disclosing identity of specific PBM or prices charged by PBM or specific retailer, manufacturer or wholesaler or other confidential or trade secret
Index of Sec 233. ...COLLECTIVE bargaining over terms or conditions of employment related to health care ; Nothing in division to be construed to alter or supersede statutory or other obligation to engage in
Index of Sec 254. ...SUBJECT ; Requiring health plan created or regulated under Act to
Index of Sec 259. ...HEALTH benefits planing involving individuals and multiple plan coverage ; Commissioner establishing standards for coordination and subrogation of benefits and reimbursement of payments in cases of qualified
Index of Sec 236. ...SUSPENSION of enrollment of individuals under plan after date Commissioner notifies entity of determination under paragraph and Commissioner satisfied that basis for determination corrected and not likely to recur ;
Index of Sec 242. ...PAYMENT to entity under Health Insurance Exchange for individuals enrolled in plan after date Commissioner notifies entity of determination under paragraph and Secretary satisfied that basis for determination corrected and not likely to recur ; Suspension of
Index of Sec 242. ...TESTIFY in proceeding concerning violation ;
Index of Sec 253. ...INSURANCE regulators and Secretaries of Labor and Treasury ; Establishment of qualified health benefits planning standards under title including enforcement of standards in coordination with State
Index of Sec 242. ...CONSUMER protections ; Purpose of title to establish standards to ensure that new health insurance coverage and employment-based health plans offered meet standards guaranteeing access to affordable coverage, essential benefits and other
Index of Sec 201. ...TITLE ; Commissioner determining that QHBP offering entity violating requirement of
Index of Sec 242. ...TITLE ; Working with State insurance regulators to terminate plans for repeated failure by offering entity to meet requirements of
Index of Sec 242. ...TITLE I of Employee Retirement Income Security Act of 1974 or State law excepting insofar as requirements preventing application of requirement of division as determined by Commissioner ; Requirements of title not superceding requirements applicable under titles XXII and XXVII of Public Health Service Act, parts 6 and 7 of subtitle B of
Index of Sec 251. ...TITLE not superceding requirements applicable under title XXVII of Public Health Service Act or State law ; Requirements of
Index of Sec 251. ...TITLE 29 ; Qualified health benefits planning QHBP offering entity providing internal claims and appeals processing that initially incorporating claims and appealing procedures set forth at section 2560.503 -1 of
Index of Sec 232. ...TITLE 5, United States coding in case of sections 308 and 341(b)(2) ; Including use of personnel employed in accordance with requirements of
Index of Sec 242. ...TITLE and enforcement of standards ; Including concerning standards for health insurance coverage being qualified health benefits planning under
Index of Sec 243. ...TITLE I of Employee Retirement Income Security Act of 1974 or State law excepting insofar as requirements preventing application of requirement of division as determined by Commissioner ; Requirements of title not superceding requirements applicable under titles XXII and XXVII of Public Health Service Act, parts 6 and 7 of subtitle B of
Index of Sec 251. ...ELIGIBILITY for credits ; Administration of individual affordability credits under subtitle C of title III including determination of
Index of Sec 242. ...TITLE or regulations issued ; District court of United States or State court having jurisdiction of defendant to secure monetary or equitable relief for violation of provisions of
Index of Sec 257. ...TITLE VII of Civil Rights acting of 1964 ; Nothing in section altering rights and obligations of employees and employers under
Index of Sec 258. ...HEALTH benefits planing offers ; QHBP offering entity required to comply with administrative simplification provisions under part C of title XI of Social Security Act with respect to qualified
Index of Sec 237. ...TITLE XXVII of Public Health Service Act or State law ; Requirements of title not superceding requirements applicable under
Index of Sec 251. ...INFORMATION ; Report not disclosing identity of specific PBM or prices charged by PBM or specific retailer, manufacturer or wholesaler or other confidential or trade secret
Index of Sec 233. ...HEALTH care provider relating to reimbursement arrangements between planning and provider ; Qualified health benefits planning complying with standards established by Commissioner to ensure transparency to
Index of Sec 233. ...OF-network providers ; Using provider network for items and services meeting standards respecting provider networks as Commissioner establishing to assure adequacy of networks in ensuring enrollee access to items and services and transparency in cost-sharing differentials among providers participating in network and policies for accessing out-
Index of Sec 215. ...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) Purpose.—The purpose of this title is to establish standards to ensure that new health insurance coverage and employment-based health plans that are offered meet standards guaranteeing access to affordable coverage, essential benefits, and other consumer protections.
(b) Requirements for qualified health benefits plans.—On or after the first day of Y1, a health benefits plan shall not be a qualified health benefits plan under this division unless the plan meets the applicable requirements of the following subtitles for the type of plan and plan year involved:
(1) Subtitle B (relating to affordable coverage).
(2) Subtitle C (relating to essential benefits).
(3) Subtitle D (relating to consumer protection).
(c) Terminology.—In this division:
(1) ENROLLMENT IN EMPLOYMENT-BASED HEALTH PLANS.—An individual shall be treated as being “enrolled” in an employment-based health plan if the individual is a participant or beneficiary (as such terms are defined in section 3(7) and 3(8), respectively, of the Employee Retirement Income Security Act of 1974) in such plan.
(2) INDIVIDUAL AND GROUP HEALTH INSURANCE COVERAGE.—The terms “individual health insurance coverage” and “group health insurance coverage” mean health insurance coverage offered in the individual market or large or small group market, respectively, as defined in section 2791 of the Public Health Service Act.
(a) Grandfathered health insurance coverage defined.—Subject to the succeeding provisions of this section, for purposes of establishing acceptable coverage under this division, the term “grandfathered health insurance coverage” means individual health insurance coverage that is offered and in force and effect before the first day of Y1 if the following conditions are met:
(1) LIMITATION ON NEW ENROLLMENT.—
(A) IN GENERAL.—Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Y1.
(B) DEPENDENT COVERAGE PERMITTED.—Subparagraph (A) shall not affect the subsequent enrollment of a dependent of an individual who is covered as of such first day.
(2) LIMITATION ON CHANGES IN TERMS OR CONDITIONS.—Subject to paragraph (3) and except as required by law, the issuer does not change any of its terms or conditions, including benefits and cost-sharing, from those in effect as of the day before the first day of Y1.
(3) RESTRICTIONS ON PREMIUM INCREASES.—The issuer cannot vary the percentage increase in the premium for a risk group of enrollees in specific grandfathered health insurance coverage without changing the premium for all enrollees in the same risk group at the same rate, as specified by the Commissioner.
(b) Grace period for current employment-Based health plans.—
(A) IN GENERAL.—The Commissioner shall establish a grace period whereby, for plan years beginning after the end of the 5-year period beginning with Y1, an employment-based health plan in operation as of the day before the first day of Y1 must meet the same requirements as apply to a qualified health benefits plan under section 201, including the essential benefit package requirement under section 221.
(B) EXCEPTION FOR LIMITED BENEFITS PLANS.—Subparagraph (A) shall not apply to an employment-based health plan in which the coverage consists only of one or more of the following:
(i) Any coverage described in section 3001(a)(1)(B)(ii)(IV) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).
(ii) Excepted benefits (as defined in section 733(c) of the Employee Retirement Income Security Act of 1974), including coverage under a specified disease or illness policy described in paragraph (3)(A) of such section.
(iii) Such other limited benefits as the Commissioner may specify.
In no case shall an employment-based health plan in which the coverage consists only of one or more of the coverage or benefits described in clauses (i) through (iii) be treated as acceptable coverage under this division.
(2) TRANSITIONAL TREATMENT AS ACCEPTABLE COVERAGE.—During the grace period specified in paragraph (1)(A), an employment-based health plan (which may be a high deducible health plan, as defined in section 223(c)(2) of the Internal Revenue Code of 1986) that is described in such paragraph shall be treated as acceptable coverage under this division.
(c) Limitation on individual health insurance coverage.—
(1) IN GENERAL.—Individual health insurance coverage that is not grandfathered health insurance coverage under subsection (a) may only be offered on or after the first day of Y1 as an Exchange-participating health benefits plan.
(2) SEPARATE, EXCEPTED COVERAGE PERMITTED.—Nothing in—
(A) paragraph (1) shall prevent the offering of excepted benefits described in section 2791(c) of the Public Health Service Act so long as such benefits are offered outside the Health Insurance Exchange and are priced separately from health insurance coverage; and
(B) this division shall be construed—
(i) to prevent the offering of a stand-alone plan that offers coverage of excepted benefits described in section 2791(c)(2)(A) of the Public Health Service Act (relating to limited scope dental or vision benefits) for individuals and families from a State-licensed dental and vision carrier; or
(ii) as applying requirements for a qualified health benefits plan to such a stand-alone plan that is offered and priced separately from a qualified health benefits plan.
A qualified health benefits plan may not impose any preexisting condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act) or otherwise impose any limit or condition on the coverage under the plan with respect to an individual or dependent based on any of the following: health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, disability, or source of injury (including conditions arising out of acts of domestic violence) or any similar factors.
The requirements of sections 2711 (other than subsections (e) and (f)) and 2712 (other than paragraphs (3), and (6) of subsection (b) and subsection (e)) of the Public Health Service Act, relating to guaranteed availability and renewability of health insurance coverage, shall apply to individuals and employers in all individual and group health insurance coverage, whether offered to individuals or employers through the Health Insurance Exchange, through any employment-based health plan, or otherwise, in the same manner as such sections apply to employers and health insurance coverage offered in the small group market, except that such section 2712(b)(1) shall apply only if, before nonrenewal or discontinuation of coverage, the issuer has provided the enrollee with notice of nonpayment of premiums and there is a grace period during which the enrollee has an opportunity to correct such nonpayment. Rescissions of such coverage shall be prohibited except in cases of fraud as defined in section 2712(b)(2) of such Act.
(a) In general.—The premium rate charged for a qualified health benefits plan that is health insurance coverage may not vary except as follows:
(1) LIMITED AGE VARIATION PERMITTED.—By age (within such age categories as the Commissioner shall specify) so long as the ratio of the highest such premium to the lowest such premium does not exceed the ratio of 2 to 1.
(2) BY AREA.—By premium rating area (as permitted by State insurance regulators or, in the case of Exchange-participating health benefits plans, as specified by the Commissioner in consultation with such regulators).
(3) BY FAMILY ENROLLMENT.—By family enrollment (such as variations within categories and compositions of families) so long as the ratio of the premium for family enrollment (or enrollments) to the premium for individual enrollment is uniform, as specified under State law and consistent with rules of the Commissioner.
(b) Actuarial value of optional service coverage.—
(1) IN GENERAL.—The Commissioner shall estimate the basic per enrollee, per month cost, determined on an average actuarial basis, for including coverage under a basic plan of the services described in section 222(d)(4)(A).
(2) CONSIDERATIONS.—In making such estimate the Commissioner—
(A) may take into account the impact on overall costs of the inclusion of such coverage, but may not take into account any cost reduction estimated to result from such services, including prenatal care, delivery, or postnatal care;
(B) shall estimate such costs as if such coverage were included for the entire population covered; and
(C) may not estimate such a cost at less than $1 per enrollee, per month.
(1) STUDY.—The Commissioner, in coordination with the Secretary of Health and Human Services and the Secretary of Labor, shall conduct a study of the large-group-insured and self-insured employer health care markets. Such study shall examine the following:
(A) The types of employers by key characteristics, including size, that purchase insured products versus those that self-insure.
(B) The similarities and differences between typical insured and self-insured health plans.
(C) The financial solvency and capital reserve levels of employers that self-insure by employer size.
(D) The risk of self-insured employers not being able to pay obligations or otherwise becoming financially insolvent.
(E) The extent to which rating rules are likely to cause adverse selection in the large group market or to encourage small and midsize employers to self-insure.
(2) REPORTS.—Not later than 18 months after the date of the enactment of this Act, the Commissioner shall submit to Congress and the applicable agencies a report on the study conducted under paragraph (1). Such report shall include any recommendations the Commissioner deems appropriate to ensure that the law does not provide incentives for small and midsize employers to self-insure or create adverse selection in the risk pools of large group insurers and self-insured employers. Not later than 18 months after the first day of Y1, the Commissioner shall submit to Congress and the applicable agencies an updated report on such study, including updates on such recommendations.
(a) Nondiscrimination in benefits.—A qualified health benefits plan shall comply with standards established by the Commissioner to prohibit discrimination in health benefits or benefit structures for qualifying health benefits plans, building from section 702 of the Employee Retirement Income Security Act of 1974, section 2702 of the Public Health Service Act, and section 9802 of the Internal Revenue Code of 1986.
(b) Parity in mental health and substance abuse disorder benefits.—To the extent such provisions are not superceded by or inconsistent with subtitle C, the provisions of section 2705 (other than subsections (a)(1), (a)(2), and (c)) of the Public Health Service Act shall apply to a qualified health benefits plan, regardless of whether it is offered in the individual or group market, in the same manner as such provisions apply to health insurance coverage offered in the large group market.
(a) In general.—A qualified health benefits plan that uses a provider network for items and services shall meet such standards respecting provider networks as the Commissioner may establish to assure the adequacy of such networks in ensuring enrollee access to such items and services and transparency in the cost-sharing differentials among providers participating in the network and policies for accessing out-of-network providers.
(b) Internet access to information.—A qualified health benefits plan that uses a provider network shall provide a current listing of all providers in its network on its Website and such data shall be available on the Health Insurance Exchange Website as a part of the basic information on that plan. The Commissioner shall also establish an on-line system whereby an individual may select by name any medical provider (as defined by the Commissioner) and be informed of the plan or plans with which that provider is contracting.
(c) Provider network defined.—In this division, the term “provider network” means the providers with respect to which covered benefits, treatments, and services are available under a health benefits plan.
(a) In general.—A qualified health benefits plan shall make available, at the option of the principal enrollee under the plan, coverage for one or more qualified children (as defined in subsection (b)) of the enrollee.
(b) Qualified child defined.—In this section, the term “qualified child” means, with respect to a principal enrollee in a qualified health benefits plan, an individual who (but for age) would be treated as a dependent child of the enrollee under such plan and who—
(1) is under 27 years of age; and
(2) is not enrolled in a health benefits plan other than under this section.
(c) Premiums.—Nothing in this section shall be construed as preventing a qualified health benefits plan from increasing the premiums otherwise required for coverage provided under this section consistent with standards established by the Commissioner based upon family size under section 213(a)(3).
In the case of health insurance coverage offered under a qualified health benefits plan, if the coverage decreases or the cost-sharing increases, the issuer of the coverage shall notify enrollees of the change at least 90 days before the change takes effect (or such shorter period of time in cases where the change is necessary to ensure the health and safety of enrollees).
(a) In general.—A qualified health benefits plan shall provide coverage that at least meets the benefit standards adopted under section 224 for the essential benefits package described in section 222 for the plan year involved.
(1) NON-EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS.—In the case of a qualified health benefits plan that is not an Exchange-participating health benefits plan, such plan may offer such coverage in addition to the essential benefits package as the QHBP offering entity may specify.
(2) EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS.—In the case of an Exchange-participating health benefits plan, such plan is required under section 203 to provide specified levels of benefits and, in the case of a plan offering a premium-plus level of benefits, provide additional benefits.
(3) CONTINUATION OF OFFERING OF SEPARATE EXCEPTED BENEFITS COVERAGE.—Nothing in this division shall be construed as affecting the offering outside of the Health Insurance Exchange and under State law of health benefits in the form of excepted benefits (described in section 202(b)(1)(B)(ii)) if such benefits are offered under a separate policy, contract, or certificate of insurance.
(c) Clinical appropriateness.—Nothing in this Act shall be construed to prohibit a group health plan or health insurance issuer from using medical management practices so long as such management practices are based on valid medical evidence and are relevant to the patient whose medical treatment is under review.
(d) Provision of benefits.—Nothing in this division shall be construed as prohibiting a qualified health benefits plan from subcontracting with stand-alone health insurance issuers or insurers for the provision of dental, vision, mental health, and other benefits and services.
(a) In general.—In this division, the term “essential benefits package” means health benefits coverage, consistent with standards adopted under section 224, to ensure the provision of quality health care and financial security, that—
(1) provides payment for the items and services described in subsection (b) in accordance with generally accepted standards of medical or other appropriate clinical or professional practice;
(2) limits cost-sharing for such covered health care items and services in accordance with such benefit standards, consistent with subsection (c);
(3) does not impose any annual or lifetime limit on the coverage of covered health care items and services;
(4) complies with section 215(a) (relating to network adequacy); and
(5) is equivalent in its scope of benefits, as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services, to the average prevailing employer-sponsored coverage in Y1.
In order to carry out paragraph (5), the Secretary of Labor shall conduct a survey of employer-sponsored coverage to determine the benefits typically covered by employers, including multiemployer plans, and provide a report on such survey to the Health Benefits Advisory Committee and to the Secretary of Health and Human Services.(b) Minimum services To be covered.—Subject to subsection (d), the items and services described in this subsection are the following:
(1) Hospitalization.
(2) Outpatient hospital and outpatient clinic services, including emergency department services.
(3) Professional services of physicians and other health professionals.
(4) Such services, equipment, and supplies incident to the services of a physician’s or a health professional’s delivery of care in institutional settings, physician offices, patients’ homes or place of residence, or other settings, as appropriate.
(5) Prescription drugs.
(6) Rehabilitative and habilitative services.
(7) Mental health and substance use disorder services, including behavioral health treatments.
(8) Preventive services, including those services recommended with a grade of A or B by the Task Force on Clinical Preventive Services and those vaccines recommended for use by the Director of the Centers for Disease Control and Prevention.
(9) Maternity care.
(10) Well-baby and well-child care and oral health, vision, and hearing services, equipment, and supplies for children under 21 years of age.
(11) Durable medical equipment, prosthetics, orthotics and related supplies.
(c) Requirements relating to cost-Sharing and minimum actuarial value.—
(1) NO COST-SHARING FOR PREVENTIVE SERVICES.—There shall be no cost-sharing under the essential benefits package for—
(A) preventive items and services recommended with a grade of A or B by the Task Force on Clinical Preventive Services and those vaccines recommended for use by the Director of the Centers for Disease Control and Prevention; or
(B) well-baby and well-child care.
(A) ANNUAL LIMITATION.—The cost-sharing incurred under the essential benefits package with respect to an individual (or family) for a year does not exceed the applicable level specified in subparagraph (B).
(B) APPLICABLE LEVEL.—The applicable level specified in this subparagraph for Y1 is not to exceed $5,000 for an individual and not to exceed $10,000 for a family. Such levels shall be increased (rounded to the nearest $100) for each subsequent year by the annual percentage increase in the enrollment-weighted average of premium increases for basic plans applicable to such year, except that Secretary shall adjust such increase to ensure that the applicable level specified in this subparagraph meets the minimum actuarial value required under paragraph (3).
(C) USE OF COPAYMENTS.—In establishing cost-sharing levels for basic, enhanced, and premium plans under this subsection, the Secretary shall, to the maximum extent possible, use only copayments and not coinsurance.
(A) IN GENERAL.—The cost-sharing under the essential benefits package shall be designed to provide a level of coverage that is designed to provide benefits that are actuarially equivalent to approximately 70 percent of the full actuarial value of the benefits provided under the reference benefits package described in subparagraph (B).
(B) REFERENCE BENEFITS PACKAGE DESCRIBED.—The reference benefits package described in this subparagraph is the essential benefits package if there were no cost-sharing imposed.
(d) Assessment and counseling for domestic violence.—The Secretary shall support the need for an assessment and brief counseling for domestic violence as part of a behavioral health assessment or primary care visit and determine the appropriate coverage for such assessment and counseling.
(e) Abortion coverage prohibited as part of minimum benefits package.—
(1) PROHIBITION OF REQUIRED COVERAGE.—The Health Benefits Advisory Committee may not recommend under section 223(b), and the Secretary may not adopt in standards under section 224(b), the services described in paragraph (4)(A) or (4)(B) as part of the essential benefits package and the Commissioner may not require such services for qualified health benefits plans to participate in the Health Insurance Exchange.
(2) VOLUNTARY CHOICE OF COVERAGE BY PLAN.—In the case of a qualified health benefits plan, the plan is not required (or prohibited) under this Act from providing coverage of services described in paragraph (4)(A) or (4)(B) and the QHBP offering entity shall determine whether such coverage is provided.
(3) COVERAGE UNDER PUBLIC HEALTH INSURANCE OPTION.—The public health insurance option shall provide coverage for services described in paragraph (4)(B). Nothing in this Act shall be construed as preventing the public health insurance option from providing for or prohibiting coverage of services described in paragraph (4)(A).
(A) ABORTIONS FOR WHICH PUBLIC FUNDING IS PROHIBITED.—The services described in this subparagraph are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.
(B) ABORTIONS FOR WHICH PUBLIC FUNDING IS ALLOWED.—The services described in this subparagraph are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.
(f) Report regarding inclusion of oral health care in essential benefits package.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the results of a study determining the need and cost of providing accessible and affordable oral health care to adults as part of the essential benefits package.
(1) IN GENERAL.—There is established a private-public advisory committee which shall be a panel of medical and other experts to be known as the Health Benefits Advisory Committee to recommend covered benefits and essential, enhanced, and premium plans.
(2) CHAIR.—The Surgeon General shall be a member and the chair of the Health Benefits Advisory Committee.
(3) MEMBERSHIP.—The Health Benefits Advisory Committee shall be composed of the following members, in addition to the Surgeon General:
(A) Nine members who are not Federal employees or officers and who are appointed by the President.
(B) Nine members who are not Federal employees or officers and who are appointed by the Comptroller General of the United States in a manner similar to the manner in which the Comptroller General appoints members to the Medicare Payment Advisory Commission under section 1805(c) of the Social Security Act.
(C) Such even number of members (not to exceed 8) who are Federal employees and officers, as the President may appoint.
Such initial appointments shall be made not later than 60 days after the date of the enactment of this Act.
(4) TERMS.—Each member of the Health Benefits Advisory Committee shall serve a 3-year term on the Committee, except that the terms of the initial members shall be adjusted in order to provide for a staggered term of appointment for all such members.
(5) PARTICIPATION.—The membership of the Health Benefits Advisory Committee shall at least reflect providers, patient representatives, employers (including small employers), labor, health insurance issuers, experts in health care financing and delivery, experts in oral health care, experts in racial and ethnic disparities, experts on health care needs and disparities of individuals with disabilities, representatives of relevant governmental agencies, and at least one practicing physician or other health professional and an expert in child and adolescent health and shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of such Committee.
(1) RECOMMENDATIONS ON BENEFIT STANDARDS.—The Health Benefits Advisory Committee shall recommend to the Secretary of Health and Human Services (in this subtitle referred to as the “Secretary”) benefit standards (as defined in paragraph (5)), and periodic updates to such standards. In developing such recommendations, the Committee shall take into account innovation in health care and consider how such standards could reduce health disparities.
(2) DEADLINE.—The Health Benefits Advisory Committee shall recommend initial benefit standards to the Secretary not later than 1 year after the date of the enactment of this Act.
(3) STATE INPUT.—The Health Benefits Advisory Committee shall examine the health coverage laws and benefits of each State in developing recommendations under this subsection and may incorporate such coverage and benefits as the Committee determines to be appropriate and consistent with this Act. The Health Benefits Advisory Committee shall also seek input from the States and consider recommendations on how to ensure quality of health coverage in all States.
(4) PUBLIC INPUT.—The Health Benefits Advisory Committee shall allow for public input as a part of developing recommendations under this subsection.
(5) BENEFIT STANDARDS DEFINED.—In this subtitle, the term “benefit standards” means standards respecting—
(A) the essential benefits package described in section 222, including categories of covered treatments, items and services within benefit classes, and cost-sharing consistent with subsection (d) of such section; and
(B) the cost-sharing levels for enhanced plans and premium plans (as provided under section 303(c)) consistent with paragraph (5).
(6) LEVELS OF COST-SHARING FOR ENHANCED AND PREMIUM PLANS.—
(A) ENHANCED PLAN.—The level of cost-sharing for enhanced plans shall be designed so that such plans have benefits that are actuarially equivalent to approximately 85 percent of the actuarial value of the benefits provided under the reference benefits package described in section 222(c)(3)(B).
(B) PREMIUM PLAN.—The level of cost-sharing for premium plans shall be designed so that such plans have benefits that are actuarially equivalent to approximately 95 percent of the actuarial value of the benefits provided under the reference benefits package described in section 222(c)(3)(B).
(1) PER DIEM PAY.—Each member of the Health Benefits Advisory Committee shall receive travel expenses, including per diem in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall otherwise serve without additional pay.
(2) MEMBERS NOT TREATED AS FEDERAL EMPLOYEES.—Members of the Health Benefits Advisory Committee shall not be considered employees of the Federal Government solely by reason of any service on the Committee, except such members shall be considered to be within the meaning of section 202(a) of title 18, United States Code, for the purposes of disclosure and management of conflicts of interest.
(3) APPLICATION OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14, shall apply to the Health Benefits Advisory Committee.
(d) Publication.—The Secretary shall provide for publication in the Federal Register and the posting on the Internet Website of the Department of Health and Human Services of all recommendations made by the Health Benefits Advisory Committee under this section.
(a) Process for Adoption of Recommendations.—
(1) REVIEW OF RECOMMENDED STANDARDS.—Not later than 45 days after the date of receipt of benefit standards recommended under section 223 (including such standards as modified under paragraph (2)(B)), the Secretary shall review such standards and shall determine whether to propose adoption of such standards as a package.
(2) DETERMINATION TO ADOPT STANDARDS.—If the Secretary determines—
(A) to propose adoption of benefit standards so recommended as a package, the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption of such standards; or
(B) not to propose adoption of such standards as a package, the Secretary shall notify the Health Benefits Advisory Committee in writing of such determination and the reasons for not proposing the adoption of such recommendation and provide the Committee with a further opportunity to modify its previous recommendations and submit new recommendations to the Secretary on a timely basis.
(3) CONTINGENCY.—If, because of the application of paragraph (2)(B), the Secretary would otherwise be unable to propose initial adoption of such recommended standards by the deadline specified in subsection (b)(1), the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption of initial benefit standards by such deadline.
(4) PUBLICATION.—The Secretary shall provide for publication in the Federal Register of all determinations made by the Secretary under this subsection.
(1) INITIAL STANDARDS.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall, through the rulemaking process consistent with subsection (a), adopt an initial set of benefit standards.
(2) PERIODIC UPDATING STANDARDS.—Under subsection (a), the Secretary shall provide for the periodic updating of the benefit standards previously adopted under this section.
(3) REQUIREMENT.—The Secretary may not adopt any benefit standards for an essential benefits package or for level of cost-sharing that are inconsistent with the requirements for such a package or level under sections 222 (including subsection (d)) and 223(b)(5).
The Commissioner shall establish uniform marketing standards that all QHBP offering entities shall meet with respect to qualified health benefits plans that are health insurance coverage.
(a) In general.—A QHBP offering entity shall provide for timely grievance and appeals mechanisms with respect to qualified health benefits plans that the Commissioner shall establish consistent with this section. The Commissioner shall establish time limits for each of such mechanisms and implement them in a manner that is protective to the needs of patients.
(b) Internal claims and appeals process.—Under a qualified health benefits plan the QHBP offering entity shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures (including urgent claims) set forth at section 2560.503–1 of title 29, Code of Federal Regulations, as published on November 21, 2000 (65 Fed. Reg. 70246) and shall update such process in accordance with any standards that the Commissioner may establish.
(1) IN GENERAL.—The Commissioner shall establish an external review process (including procedures for expedited reviews of urgent claims) that provides for an impartial, independent, and de novo review of denied claims under this division.
(2) REQUIRING FAIR GRIEVANCE AND APPEALS MECHANISMS.—A determination made, with respect to a qualified health benefits plan offered by a QHBP offering entity, under the external review process established under this subsection shall be binding on the plan and the entity.
(d) Time limits.—The Commissioner shall establish time limits for each of these processes and implement them in a manner that is protective to the patient.
(e) Construction.—Nothing in this section shall be construed as affecting the availability of judicial review under State law for adverse decisions under subsection (b) or (c), subject to section 251.
(a) Accurate and timely disclosure.—
(1) FOR EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS.—A QHBP offering entity offering an Exchange-participating health benefits plan shall comply with standards established by the Commissioner for the accurate and timely disclosure to the Commissioner and the public of plan documents, plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment, data on disenrollment, data on the number of claims denials, data on rating practices, information on cost-sharing and payments with respect to any out-of-network coverage, and other information as determined appropriate by the Commissioner.
(2) EMPLOYMENT-BASED HEALTH PLANS.—The Secretary of Labor shall update and harmonize the Secretary’s rules concerning the accurate and timely disclosure to participants by group health plans of plan disclosure, plan terms and conditions, and periodic financial disclosure with the standards established by the Commissioner under paragraph (1).
(A) IN GENERAL.—The disclosures under paragraphs (1) and (2) shall be provided in plain language.
(B) DEFINITION.—In this paragraph, the term “plain language” means language that the intended audience, including individuals with limited English proficiency, can readily understand and use because that language is concise, well-organized, and follows other best practices of plain language writing.
(C) GUIDANCE.—The Commissioner and the Secretary of Labor shall jointly develop and issue guidance on best practices of plain language writing.
(4) INFORMATION ON RIGHTS.—The information disclosed under this subsection shall include information on enrollee and participant rights under this division.
(5) COST-SHARING TRANSPARENCY.—A qualified health benefits plan shall allow individuals to learn the amount of cost-sharing (including deductibles, copayments, and coinsurance) under the individual’s plan or coverage that the individual would be responsible for paying with respect to the furnishing of a specific item or service by a participating provider in a timely manner upon request. At a minimum, this information shall be made available to such individual via an Internet Website and other means for individuals without access to the Internet.
(b) Contracting reimbursement.—A qualified health benefits plan shall comply with standards established by the Commissioner to ensure transparency to each health care provider relating to reimbursement arrangements between such plan and such provider.
(c) Pharmacy benefit managers transparency requirements.—
(1) IN GENERAL.—If a QHBP offering entity contracts with a pharmacy benefit manager or other entity (in this subsection referred to as a “PBM”) to manage prescription drug coverage or otherwise control prescription drug costs under a qualified health benefits plan, the PBM shall provide at least annually to the Commissioner and to the QHBP offering entity offering such plan the following information, in a form and manner to be determined by the Commissioner:
(A) Information on the number and total cost of prescriptions under the contract that are filled via mail order and at retail pharmacies.
(B) An estimate of aggregate average payments under the contract, per prescription (weighted by prescription volume), made to mail order and retail pharmacies, and the average amount, per prescription, that the PBM was paid by the plan for prescriptions filled at mail order and retail pharmacists.
(C) An estimate of the aggregate average payment per prescription (weighted by prescription volume) under the contract received from pharmaceutical manufacturers, including all rebates, discounts, prices concessions, or administrative, and other payments from pharmaceutical manufacturers, and a description of the types of payments, and the amount of these payments that were shared with the plan, and a description of the percentage of prescriptions for which the PBM received such payments.
(D) Information on the overall percentage of generic drugs dispensed under the contract at retail and mail order pharmacies, and the percentage of cases in which a generic drug is dispensed when available.
(E) Information on the percentage and number of cases under the contract in which individuals were switched because of PBM policies or at the direct or indirect control of the PBM from a prescribed drug that had a lower cost for the QHBP offering entity to a drug that had a higher cost for the QHBP offering entity, the rationale for these switches, and a description of the PBM policies governing such switches.
(2) CONFIDENTIALITY OF INFORMATION.—Information disclosed by a PBM to the Commissioner or a QHBP offering entity under this subsection is confidential and shall not be disclosed by the Commissioner or the QHBP offering entity in a form which discloses the identity of a specific PBM or prices charged by such PBM or a specific retailer, manufacturer, or wholesaler, except only by the Commissioner—
(A) to permit State or Federal law enforcement authorities to use the information provided for program compliance purposes and for the purpose of combating waste, fraud, and abuse;
(B) to permit the Comptroller General, the Medicare Payment Advisory Commission, or the Secretary of Health and Human Services to review the information provided; and
(C) to permit the Director of the Congressional Budget Office to review the information provided.
(3) ANNUAL PUBLIC REPORT.—On an annual basis, the Commissioner shall prepare a public report providing industrywide aggregate or average information to be used in assessing the overall impact of PBMs on prescription drug prices and spending. Such report shall not disclose the identity of a specific PBM, or prices charged by such PBM, or a specific retailer, manufacturer, or wholesaler, or any other confidential or trade secret information.
(4) PENALTIES.—The provisions of subsection (b)(3)(C) of section 1927 shall apply to a PBM that fails to provide information required under subsection (a) or that knowingly provides false information in the same manner as such provisions apply to a manufacturer with an agreement under such section that fails to provide information under subsection (b)(3)(A) of such section or knowingly provides false information under such section, respectively.
The requirements of the previous provisions of this subtitle shall apply to qualified health benefits plans that are not being offered through the Health Insurance Exchange only to the extent specified by the Commissioner.
A QHBP offering entity shall comply with the requirements of section 1857(f) of the Social Security Act with respect to a qualified health benefits plan it offers in the same manner as a Medicare Advantage organization is required to comply with such requirements with respect to a Medicare Advantage plan it offers under part C of Medicare.
The Commissioner shall establish standards for the coordination and subrogation of benefits and reimbursement of payments in cases of qualified health benefits plans involving individuals and multiple plan coverage.
A QHBP offering entity is required to comply with administrative simplification provisions under part C of title XI of the Social Security Act with respect to qualified health benefits plans it offers.
This Act (and the amendments made by this Act) shall not be construed as superseding laws, as they now or hereinafter exist, of any State or jurisdiction designed to prohibit a qualified health benefits plan from discriminating with respect to participation, reimbursement, covered services, indemnification, or related requirements under such plan against a health care provider that is acting within the scope of that provider’s license or certification under applicable State law.
(a) Study.—The Secretary of Health and Human Services shall conduct a study on the use of physician prescriber information in sales and marketing practices of pharmaceutical manufacturers.
(b) Report.—Based on the study conducted under subsection (a), the Secretary shall submit to Congress a report on actions needed to be taken by the Congress or the Secretary to protect providers from biased marketing and sales practices.
(a) In general.—The QHBP offering entity —
(1) shall provide for the dissemination of information related to end-of-life planning to individuals seeking enrollment in Exchange-participating health benefits plans offered through the Exchange;
(2) shall present such individuals with—
(A) the option to establish advanced directives and physician’s orders for life sustaining treatment according to the laws of the State in which the individual resides; and
(B) information related to other planning tools; and
(3) shall not promote suicide, assisted suicide, euthanasia, or mercy killing.
The information presented under paragraph (2) shall not presume the withdrawal of treatment and shall include end-of-life planning information that includes options to maintain all or most medical interventions.(b) Construction.— Nothing in this section shall be construed—
(1) to require an individual to complete an advanced directive or a physician’s order for life sustaining treatment or other end-of-life planning document;
(2) to require an individual to consent to restrictions on the amount, duration, or scope of medical benefits otherwise covered under a qualified health benefits plan; or
(3) to promote suicide, assisted suicide, euthanasia, or mercy killing.
(c) Advanced directive defined.—In this section, the term “advanced directive” includes a living will, a comfort care order, or a durable power of attorney for health care.
(d) Prohibition on the promotion of assisted suicide.—
(1) IN GENERAL.—Subject to paragraph (3), information provided to meet the requirements of subsection (a)(2) shall not include advanced directives or other planning tools that list or describe as an option suicide, assisted suicide, euthanasia, or mercy killing, regardless of legality.
(2) CONSTRUCTION.—Nothing in paragraph (1) shall be construed to apply to or affect any option to—
(A) withhold or withdraw of medical treatment or medical care;
(B) withhold or withdraw of nutrition or hydration; and
(C) provide palliative or hospice care or use an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.
(3) NO PREEMPTION OF STATE LAW.—Nothing in this section shall be construed to preempt or otherwise have any effect on State laws regarding advance care planning, palliative care, or end-of-life decision-making.
(a) In general.—There is hereby established, as an independent agency in the executive branch of the Government, a Health Choices Administration (in this division referred to as the “Administration”).
(1) IN GENERAL.—The Administration shall be headed by a Health Choices Commissioner (in this division referred to as the “Commissioner”) who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) COMPENSATION; ETC.—The provisions of paragraphs (2), (5), and (7) of subsection (a) (relating to compensation, terms, general powers, rulemaking, and delegation) of section 702 of the Social Security Act (42 U.S.C. 902) shall apply to the Commissioner and the Administration in the same manner as such provisions apply to the Commissioner of Social Security and the Social Security Administration.
(c) Inspector General.—For provision establishing an Office of the Inspector General for the Health Choices Administration, see section 1647.
(a) Duties.—The Commissioner is responsible for carrying out the following functions under this division:
(1) QUALIFIED PLAN STANDARDS.—The establishment of qualified health benefits plan standards under this title, including the enforcement of such standards in coordination with State insurance regulators and the Secretaries of Labor and the Treasury.
(2) HEALTH INSURANCE EXCHANGE.—The establishment and operation of a Health Insurance Exchange under subtitle A of title III.
(3) INDIVIDUAL AFFORDABILITY CREDITS.—The administration of individual affordability credits under subtitle C of title III, including determination of eligibility for such credits.
(4) ADDITIONAL FUNCTIONS.—Such additional functions as may be specified in this division.
(b) Promoting accountability.—
(1) IN GENERAL.—The Commissioner shall undertake activities in accordance with this subtitle to promote accountability of QHBP offering entities in meeting Federal health insurance requirements, regardless of whether such accountability is with respect to qualified health benefits plans offered through the Health Insurance Exchange or outside of such Exchange.
(2) COMPLIANCE EXAMINATION AND AUDITS.—
(A) IN GENERAL.—The Commissioner shall, in coordination with States, conduct audits of qualified health benefits plan compliance with Federal requirements. Such audits may include random compliance audits and targeted audits in response to complaints or other suspected noncompliance.
(B) RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS.—The Commissioner is authorized to recoup from qualified health benefits plans reimbursement for the costs of such examinations and audit of such QHBP offering entities.
(c) Data collection.—The Commissioner shall collect data for purposes of carrying out the Commissioner’s duties, including for purposes of promoting quality and value, protecting consumers, and addressing disparities in health and health care and may share such data with the Secretary of Health and Human Services.
(1) IN GENERAL.—In the case that the Commissioner determines that a QHBP offering entity violates a requirement of this title, the Commissioner may, in coordination with State insurance regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph (2).
(2) REMEDIES.—The remedies described in this paragraph, with respect to a qualified health benefits plan offered by a QHBP offering entity, are—
(A) civil money penalties of not more than the amount that would be applicable under similar circumstances for similar violations under section 1857(g) of the Social Security Act;
(B) suspension of enrollment of individuals under such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Commissioner is satisfied that the basis for such determination has been corrected and is not likely to recur;
(C) in the case of an Exchange-participating health benefits plan, suspension of payment to the entity under the Health Insurance Exchange for individuals enrolled in such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; or
(D) working with State insurance regulators to terminate plans for repeated failure by the offering entity to meet the requirements of this title.
(e) Standard definitions of insurance and medical terms.—The Commissioner shall provide for the development of standards for the definitions of terms used in health insurance coverage, including insurance-related terms.
(f) Efficiency in administration.—The Commissioner shall issue regulations for the effective and efficient administration of the Health Insurance Exchange and affordability credits under subtitle C, including, with respect to the determination of eligibility for affordability credits, the use of personnel who are employed in accordance with the requirements of title 5, United States Code, to carry out the duties of the Commissioner or, in the case of sections 308 and 341(b)(2), the use of State personnel who are employed in accordance with standards prescribed by the Office of Personnel Management pursuant to section 208 of the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728).
(a) Consultation.—In carrying out the Commissioner’s duties under this division, the Commissioner, as appropriate, shall consult at least with the following:
(1) State attorneys general and State insurance regulators, including concerning the standards for health insurance coverage that is a qualified health benefits plan under this title and enforcement of such standards.
(2) The National Association of Insurance Commissioners, including for purposes of using model guidelines established by such association for purposes of subtitles B and D.
(3) Appropriate State agencies, specifically concerning the administration of individual affordability credits under subtitle C of title III and the offering of Exchange-participating health benefits plans, to Medicaid eligible individuals under subtitle A of such title.
(4) The Federal Trade Commission, specifically concerning the development and issuance of guidance, rules, or standards regarding fair marketing practices under section 231 or otherwise, or any consumer disclosure requirements under section 233 or otherwise.
(5) Other appropriate Federal agencies.
(6) Indian tribes and tribal organizations.
(1) IN GENERAL.—In carrying out the functions of the Commissioner, including with respect to the enforcement of the provisions of this division, the Commissioner shall work in coordination with existing Federal and State entities to the maximum extent feasible consistent with this division and in a manner that prevents conflicts of interest in duties and ensures effective enforcement.
(2) UNIFORM STANDARDS.—The Commissioner, in coordination with such entities, shall seek to achieve uniform standards that adequately protect consumers in a manner that does not unreasonably affect employers and insurers.
(a) In general.—The Commissioner shall appoint within the Health Choices Administration a Qualified Health Benefits Plan Ombudsman who shall have expertise and experience in the fields of health care and education of (and assistance to) individuals.
(b) Duties.—The Qualified Health Benefits Plan Ombudsman shall, in a linguistically appropriate manner—
(1) receive complaints, grievances, and requests for information submitted by individuals through means such as the mail, by telephone, electronically, and in person;
(2) provide assistance with respect to complaints, grievances, and requests referred to in paragraph (1), including—
(A) helping individuals determine the relevant information needed to seek an appeal of a decision or determination;
(B) assistance to such individuals in choosing a qualified health benefits plan in which to enroll;
(C) assistance to such individuals with any problems arising from disenrollment from such a plan; and
(D) assistance to such individuals in presenting information under subtitle C (relating to affordability credits); and
(3) submit annual reports to Congress and the Commissioner that describe the activities of the Ombudsman and that include such recommendations for improvement in the administration of this division as the Ombudsman determines appropriate. The Ombudsman shall not serve as an advocate for any increases in payments or new coverage of services, but may identify issues and problems in payment or coverage policies.
(a) Coverage not offered through Exchange.—
(1) IN GENERAL.—In the case of health insurance coverage not offered through the Health Insurance Exchange (whether or not offered in connection with an employment-based health plan), and in the case of employment-based health plans, the requirements of this title do not supercede any requirements applicable under titles XXII and XXVII of the Public Health Service Act, parts 6 and 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or State law, except insofar as such requirements prevent the application of a requirement of this division, as determined by the Commissioner.
(2) CONSTRUCTION.—Nothing in paragraphs (1) or (2) shall be construed as affecting the application of section 514 of the Employee Retirement Income Security Act of 1974.
(b) Coverage offered through Exchange.—
(1) IN GENERAL.—In the case of health insurance coverage offered through the Health Insurance Exchange—
(A) the requirements of this title do not supercede any requirements (including requirements relating to genetic information nondiscrimination and mental health parity) applicable under title XXVII of the Public Health Service Act or under State law, except insofar as such requirements prevent the application of a requirement of this division, as determined by the Commissioner; and
(B) individual rights and remedies under State laws shall apply.
(2) CONSTRUCTION.—In the case of coverage described in paragraph (1), nothing in such paragraph shall be construed as preventing the application of rights and remedies under State laws to health insurance issuers generally with respect to any requirement referred to in paragraph (1)(A). The previous sentence shall not be construed as providing for the applicability of rights or remedies under State laws with respect to requirements applicable to employers or other plan sponsors in connection with arrangements which are treated as group health plans under section 802(a)(1) of the Employee Retirement Income Security Act of 1974.
(a) In general.—Except as otherwise explicitly permitted by this Act and by subsequent regulations consistent with this Act, all health care and related services (including insurance coverage and public health activities) covered by this Act shall be provided without regard to personal characteristics extraneous to the provision of high quality health care or related services.
(b) Implementation.—To implement the requirement set forth in subsection (a), the Secretary of Health and Human Services shall, not later than 18 months after the date of the enactment of this Act, promulgate such regulations as are necessary or appropriate to insure that all health care and related services (including insurance coverage and public health activities) covered by this Act are provided (whether directly or through contractual, licensing, or other arrangements) without regard to personal characteristics extraneous to the provision of high quality health care or related services.
(a) Retaliation prohibited.—No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or other privileges of employment because the employee (or any person acting pursuant to a request of the employee)—
(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this Act or any order, rule, or regulation promulgated under this Act;
(2) testified or is about to testify in a proceeding concerning such violation;
(3) assisted or participated or is about to assist or participate in such a proceeding; or
(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this Act or any order, rule, or regulation promulgated under this Act.
(b) Enforcement action.—An employee covered by this section who alleges discrimination by an employer in violation of subsection (a) may bring an action governed by the rules, procedures, legal burdens of proof, and remedies set forth in section 40(b) of the Consumer Product Safety Act (15 U.S.C. 2087(b)).
(c) Employer defined.—As used in this section, the term “employer” means any person (including one or more individuals, partnerships, associations, corporations, trusts, professional membership organization including a certification, disciplinary, or other professional body, unincorporated organizations, nongovernmental organizations, or trustees) engaged in profit or nonprofit business or industry whose activities are governed by this Act, and any agent, contractor, subcontractor, grantee, or consultant of such person.
(d) Rule of construction.—The rule of construction set forth in section 20109(h) of title 49, United States Code, shall also apply to this section.
Nothing in this division shall be construed to alter or supersede any statutory or other obligation to engage in collective bargaining over the terms or conditions of employment related to health care. Any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this division shall not be treated as a termination of such collective bargaining agreement.
If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the application of the provision to any other person or circumstance shall not be affected.
(a) In general.—Subject to this section—
(1) nothing in this division (or an amendment made by this division) shall be construed to modify or limit the application of the exemption for the Hawaii Prepaid Health Care Act (Haw. Rev. Stat. §§ 393–1 et seq.) as provided for under section 514(b)(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)(5)), and such exemption shall also apply with respect to the provisions of this division; and
(2) for purposes of this division (and the amendments made by this division), coverage provided pursuant to the Hawaii Prepaid Health Care Act shall be treated as a qualified health benefits plan providing acceptable coverage so long as the Secretary of Labor determines that such coverage for employees (taking into account the benefits and the cost to employees for such benefits) is substantially equivalent to or greater than the coverage provided for employees pursuant to the essential benefits package.
(b) Coordination with State law of Hawaii.—The Commissioner shall, based on ongoing consultation with the appropriate officials of the State of Hawaii, make adjustments to rules and regulations of the Commissioner under this division as may be necessary, as determined by the Commissioner, to most effectively coordinate the provisions of this division with the provisions of the Hawaii Prepaid Health Care Act, taking into account any changes made from time to time to the Hawaii Prepaid Health Care Act and related laws of such State.
Any State attorney general may bring a civil action in the name of such State as parens patriae on behalf of natural persons residing in such State, in any district court of the United States or State court having jurisdiction of the defendant to secure monetary or equitable relief for violation of any provisions of this title or regulations issued thereunder. Nothing in this section shall be construed as affecting the application of section 514 of the Employee Retirement Income Security Act of 1974.
(a) No preemption of State laws regarding abortion.—Nothing in this Act shall be construed to preempt or otherwise have any effect on State laws regarding the prohibition of (or requirement of) coverage, funding, or procedural requirements on abortions, including parental notification or consent for the performance of an abortion on a minor.
(b) No effect on Federal laws regarding abortion.—
(1) IN GENERAL.—Nothing in this Act shall be construed to have any effect on Federal laws regarding—
(A) conscience protection;
(B) willingness or refusal to provide abortion; and
(C) discrimination on the basis of the willingness or refusal to provide, pay for, cover, or refer for abortion or to provide or participate in training to provide abortion.
(c) No effect on federal civil rights law.—Nothing in this section shall alter the rights and obligations of employees and employers under title VII of the Civil Rights Act of 1964.
(a) Nondiscrimination.—A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act (or an amendment made by this Act), may not—
(1) subject any individual or institutional health care entity to discrimination; or
(2) require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any individual or institutional health care entity to discrimination,
on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.(b) Definition.—In this section, the term “health care entity” includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
(c) Administration.—The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this section, and coordinate the investigation of such complaints.
Section 6 of the Federal Trade Commission Act (15 U.S.C. 46) is amended by striking “and prepare reports” and all that follows and inserting the following: “and prepare reports, and to share information under clauses (f) and (k), relating to the business of insurance. Notwithstanding section 4, such authority shall include the authority to conduct studies and prepare reports, and to share information under clauses (f) and (k), relating to the business of insurance, without regard to whether the entity or entities that is the subject of such studies, reports, or information is a for-profit or not-for-profit entity.”.
(a) In general.—The development, recognition, or implementation of any guideline or other standard under a provision described in subsection (b) shall not be construed to establish the standard of care or duty of care owed by health care providers to their patients in any medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151(7)).
(b) Provisions described.—The provisions described in this subsection are the following:
(1) Section 324 (relating to modernized payment initiatives and delivery system reform under the public health option).
(2) The amendments made by section 1151 (relating to reducing potentially preventable hospital readmissions).
(3) The amendments made by section 1751 (relating to health care acquired conditions).
(4) Section 3131 of the Public Health Service Act (relating to the Task Force on Clinical Preventive Services), added by section 2301.
(5) Part D of title IX of the Public Health Service Act (relating to implementation of best practices in the delivery of health care), added by section 2401.
(a) Amendment to McCarran-Ferguson Act.—Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following:
“(c)(1) Except as provided in paragraph (2), nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to price fixing, market allocation, or monopolization (or attempting to monopolize) by—
“(A) a person engaged in the business of health insurance, in connection with providing health insurance; or
“(B) a person engaged in the business of medical malpractice insurance, in connection with providing medical malpractice insurance.
“(2) Paragraph (1) shall not apply to—
“(A) collecting, compiling, classifying, or disseminating historical loss data;
“(B) determining a loss development factor applicable to historical loss data;
“(C) performing actuarial services if doing so does not involve a restraint of trade; or
“(D) information gathering and rate setting activities of a State insurance commission or other State regulatory entity with authority to set insurance rates.
“(3) For purposes of this subsection—
“(A) the term ‘antitrust laws’ has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition;
“(B) the term ‘historical loss data’ means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; and
“(C) the term ‘loss development factor’ means an adjustment to be made to the aggregate of losses incurred during a prior period of time that have been paid, or for which claims have been received and reserves are being held, in order to estimate the aggregate of the losses incurred during such period that will ultimately be paid.”.
(b) Related provision.—For purposes of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance, and with respect to the business of medical malpractice insurance, without regard to whether such business is carried on for profit, notwithstanding the definition of “Corporation” contained in section 4 of the Federal Trade Commission Act.
(c) Related preservation of antitrust laws.—Except as provided in subsections (a) and (b), nothing in this Act, or in the amendments made by this Act, shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of the preceding sentence, the term “antitrust laws” has the meaning given it in subsection (a) of the first section of the Clayton Act, except that it includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
(a) Study.—The Secretary of Health and Human Services shall conduct a study of potential methods to increase the use of qualified electronic health records (as defined in section 3000(13) of the Public Health Service Act) by small health care providers. Such study shall consider at least the following methods:
(1) Providing for higher rates of reimbursement or other incentives for such health care providers to use electronic health records (taking into consideration initiatives by private health insurance companies and incentives provided under Medicare under title XVIII of the Social Security Act, Medicaid under title XIX of such Act, and other programs).
(2) Promoting low-cost electronic health record software packages that are available for use by such health care providers, including software packages that are available to health care providers through the Veterans Administration and other sources.
(3) Training and education of such health care providers on the use of electronic health records.
(4) Providing assistance to such health care providers on the implementation of electronic health records.
(b) Report.—Not later than December 31, 2013, the Secretary of Health and Human Services shall submit to Congress a report containing the results of the study conducted under subsection (a), including recommendations for legislation or administrative action to increase the use of electronic health records by small health care providers that include the use of both public and private funding sources.