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Code · BILL · 113th Congress · S. 764 (Introduced in Senate) — To amend title XXVII of the Public Health Service Act to require the disclosure of information regarding how certain... · Sec. 2

Sec. 2. Disclosure of health insurance information to consumers

670 words·~3 min read·/bill/113/s/764/is/section-2

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Section 2715 of the Public Health Service Act ( 42 U.S.C. 300gg–15 ) is amended by adding at the end the following new subsection: A health insurance issuer or sponsor of a group health plan, through its annual summary of benefits and coverage explanation provided under subsection (d), through an Internet website, or through some other written means of communication with the consumer such as a printed mailing— shall include the disclosure (effective for plan years beginning on or after January 1, 2016, and in addition to the information required to be disclosed under this section) of— the applicable additional information relating to fees described in paragraph (2); and the applicable additional information included under paragraph (3)(D); and shall not be subject to any administrative action by the Secretary or by a State authority with respect to any disclosure made on or after the date of the enactment of this subsection of such applicable additional information if the disclosure is made based upon a good faith estimates of such information and is in accordance with such standards as the Secretary may establish to carry out this subsection.
The additional information described in this paragraph, with respect to a health insurance issuer issuing health insurance coverage in the individual, small, or large group market and with respect to the sponsor of a group health plan, is as follows: The annual fee on health insurance providers under section 9010 of the Patient Protection and Affordable Care Act ( 26 U.S.C. 4001 note). Fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to funding the Patient-Centered Outcome Research Institute).
Reinsurance contributions required under section 1341(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061(b) ). Fees imposed on health plans relating to participation in an Exchange under subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 et seq. ). Risk corridor payments required under section 1342(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062(b)(2) ). Risk adjustment charges imposed under section 1343(a)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18063(a)(1) ).
In the case of health insurance coverage, such costs may be calculated separately for such coverage in the individual market, in the small group market, and in the large group market for the health insurance issuer involved. The Comptroller General of the United States shall conduct a study of methods of calculating the impact on average premium costs associated with each of the following: The requirement for guaranteed issuance of coverage under section 2702 and community rated premiums under section 2701.
The requirement of section 2701(a)(1)(A)(iii) (relating to limitations on age rating). The requirement for coverage of preventive services under section 2713. The requirement that coverage provide for at least 60 percent of the actuarial value of essential health benefits under section 1302(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d) ). In conducting such study, the Comptroller General shall consult with health insurance issuers and State health insurance commissioners.
Not later than October 1, 2014, the Comptroller General shall submit to each House of Congress and the Secretary a report on the study conducted under subparagraph (A). After submission of such report, the Secretary may also include in the information required to be disclosed under paragraph (1)(A)(ii) information on the impact on premiums of each of the requirements described in subparagraph (A). Nothing in this subsection shall be construed to preempt State authority to regulate, reject, alter, or require additional information in support of rates for health insurance coverage or oversight authority of the Secretary.
The Secretary shall make the information provided by a health insurance issuer or sponsor of a group health plan as specified in paragraph
(2)and additional information included under paragraph (3)(D) available to the general public through an Internet website. In addition, such website shall include information provided in the report submitted under paragraph (3)(A). .
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