PPACA Sec. 1334

 

‘‘SEC. 1334. MULTI-STATE PLANS.

‘‘(a) OVERSIGHT BY THE OFFICE OF PERSONNEL MANAGEMENT.—

‘‘(1) IN GENERAL.—The Director of the Office of Personnel Management (referred to in this section as the ‘Director’) shall enter into contracts with health insurance issuers (which may include a group of health insurance issuers affiliated either by common ownership and control or by the common use of a nationally licensed service mark), without regard to section 5 of title 41, United States Code, or other statutes requiring competitive bidding, to offer at least 2 multi-State qualified health plans through each Exchange in each State. Such plans

shall provide individual, or in the case of small employers, group coverage.

‘‘(2) TERMS.—Each contract entered into under paragraph (1) shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Director shall ensure that health benefits coverage is provided in accordance with the types of coverage provided for under section 2701(a)(1)(A)(i) of the Public Health Service Act.

‘‘(3) NON-PROFIT ENTITIES.—In entering into contracts under paragraph (1), the Director shall ensure that at least one contract is entered into with a non-profit entity.

‘‘(4) ADMINISTRATION.—The Director shall implement this subsection in a manner similar to the manner in which the Director implements the contracting provisions with respect to carriers under the Federal employees health benefit program under chapter 89 of title 5, United States Code, including (through negotiating with each multi-state plan)—

‘‘(A) a medical loss ratio;

‘‘(B) a profit margin;

‘‘(C) the premiums to be charged; and

‘‘(D) such other terms and conditions of coverage as are in the interests of enrollees in such plans.

‘‘(5) AUTHORITY TO PROTECT CONSUMERS.—The Director may prohibit the offering of any multi-State health plan that does not meet the terms and conditions defined by the Director with respect to the elements described in subparagraphs (A) through (D) of paragraph (4).

‘‘(6) ASSURED AVAILABILITY OF VARIED COVERAGE.—In entering into contracts under this subsection, the Director shall ensure that with respect to multi-State qualified health plans offered in an Exchange, there is at least one such plan that does not provide coverage of services described in section 1303(b)(1)(B)(i).

‘‘(7) WITHDRAWAL.—Approval of a contract under this subsection may be withdrawn by the Director only after notice and opportunity for hearing to the issuer concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5, United States Code.

‘‘(b) ELIGIBILITY.—A health insurance issuer shall be eligible to enter into a contract under subsection (a)(1) if such issuer—

‘‘(1) agrees to offer a multi-State qualified health plan that meets the requirements of subsection (c) in each Exchange in each State;

‘‘(2) is licensed in each State and is subject to all requirements of State law not inconsistent with this section, including the standards and requirements that a State imposes that do not prevent the application of a requirement of part A of title XXVII of the Public Health Service Act or a requirement of this title;

‘‘(3) otherwise complies with the minimum standards prescribed for carriers offering health benefits plans under section 8902(e) of title 5, United States Code, to the extent that such standards do not conflict with a provision of this title; and

‘‘(4) meets such other requirements as determined appropriate by the Director, in consultation with the Secretary.

‘‘(c) REQUIREMENTS FOR MULTI-STATE QUALIFIED HEALTH PLAN.—

‘‘(1) IN GENERAL.—A multi-State qualified health plan meets the requirements of this subsection if, in the determination of the Director—

‘‘(A) the plan offers a benefits package that is uniform in each State and consists of the essential benefits described in section 1302;

‘‘(B) the plan meets all requirements of this title with respect to a qualified health plan, including requirements relating to the offering of the bronze, silver, and gold levels of coverage and catastrophic coverage in each State Exchange;

‘‘(C) except as provided in paragraph (5), the issuer provides for determinations of premiums for coverage under the plan on the basis of the rating requirements of part A of title XXVII of the Public Health Service Act; and

‘‘(D) the issuer offers the plan in all geographic regions, and in all States that have adopted adjusted community rating before the date of enactment of this Act.

‘‘(2) STATES MAY OFFER ADDITIONAL BENEFITS.—Nothing in paragraph (1)(A) shall preclude a State from requiring that benefits in addition to the essential health benefits required under such paragraph be provided to enrollees of a multi- State qualified health plan offered in such State.

‘‘(3) CREDITS.—

‘‘(A) IN GENERAL.—An individual enrolled in a multi-State qualified health plan under this section shall be eligible for credits under section 36B of the Internal Revenue Code of 1986 and cost sharing assistance under section 1402 in the same manner as an individual who is enrolled in a qualified health plan.

‘‘(B) NO ADDITIONAL FEDERAL COST.—A requirement by a State under paragraph (2) that benefits in addition to the essential health benefits required under paragraph (1)(A) be provided to enrollees of a multi-State qualified health plan shall not affect the amount of a premium tax credit provided under section 36B of the Internal Revenue Code of 1986 with respect to such plan.

‘‘(4) STATE MUST ASSUME COST.—A State shall make payments—

‘‘(A) to an individual enrolled in a multi-State qualified health plan offered in such State; or

‘‘(B) on behalf of an individual described in subparagraph (A) directly to the multi-State qualified health plan in which such individual is enrolled; to defray the cost of any additional benefits described in paragraph (2).

‘‘(5) APPLICATION OF CERTAIN STATE RATING REQUIREMENTS.— With respect to a multi-State qualified health plan

that is offered in a State with age rating requirements that are lower than 3:1, the State may require that Exchanges operating in such State only permit the offering of such multi-State qualified health plans if such plans comply with the State’s more protective age rating requirements.

‘‘(d) PLANS DEEMED TO BE CERTIFIED.—A multi-State qualified health plan that is offered under a contract under subsection (a) shall be deemed to be certified by an Exchange for purposes of section 1311(d)(4)(A).

‘‘(e) PHASE-IN.—Notwithstanding paragraphs (1) and (2) of subsection (b), the Director shall enter into a contract with a health insurance issuer for the offering of a multi-State qualified health plan under subsection (a) if—

‘‘(1) with respect to the first year for which the issuer offers such plan, such issuer offers the plan in at least 60 percent of the States;

‘‘(2) with respect to the second such year, such issuer offers the plan in at least 70 percent of the States;

‘‘(3) with respect to the third such year, such issuer offers the plan in at least 85 percent of the States; and

‘‘(4) with respect to each subsequent year, such issuer offers the plan in all States.

‘‘(f) APPLICABILITY.—The requirements under chapter 89 of title 5, United States Code, applicable to health benefits plans under such chapter shall apply to multi-State qualified health plans provided for under this section to the extent that such requirements do not conflict with a provision of this title.

‘‘(g) CONTINUED SUPPORT FOR FEHBP.—

‘‘(1) MAINTENANCE OF EFFORT.—Nothing in this section shall be construed to permit the Director to allocate fewer financial or personnel resources to the functions of the Office of Personnel Management related to the administration of the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code.

‘‘(2) SEPARATE RISK POOL.—Enrollees in multi-State qualified health plans under this section shall be treated as a separate risk pool apart from enrollees in the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code.

‘‘(3) AUTHORITY TO ESTABLISH SEPARATE ENTITIES.—The Director may establish such separate units or offices within the Office of Personnel Management as the Director determines to be appropriate to ensure that the administration of multi-State qualified health plans under this section does not interfere with the effective administration of the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code.

‘‘(4) EFFECTIVE OVERSIGHT.—The Director may appoint such additional personnel as may be necessary to enable the Director

to carry out activities under this section.

‘‘(5) ASSURANCE OF SEPARATE PROGRAM.—In carrying out this section, the Director shall ensure that the program under this section is separate from the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. Premiums paid for coverage under a multi-State qualified health plan under this section shall not be considered to be Federal funds for any purposes.

‘‘(6) FEHBP PLANS NOT REQUIRED

Nothing in this section shall require coverage under the Federal Employees

under chapter 89 of title 5, United multi-State qualified health plan

 

(h) ADVISORY BOARD.—The Director to provide recommendations on section. A significant percentage of be comprised of enrollees in a or representatives of such enrollees.

(i)                 AUTHORIZATION OF APPROPRIATIONS.— appropriated, such sums as may section.’’.

 

Section 1341 of this Act is amended—

(1) in the section heading, by MARKETS’’ and inserting ‘‘MARKET’’;

(2) in subsection (b)(2)(B), by and inserting ‘‘paragraph (1)(B)’’; and

(3) in subsection (c)(1)(A), by markets’’ and inserting ‘‘market’’.

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