Sec. 112. Improving transparency and accountability in the Marketplace
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For plan year 2021 and each subsequent year, the Secretary of Health and Human Services (referred to in this section as the Secretary ), in coordination with the Secretary of the Treasury and the Secretary of Labor, shall issue biweekly public reports during the annual open enrollment period on the performance of the federally facilitated Exchange operated pursuant to section 1321(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18041(c) ). Each such report shall include a summary, including information on a State-by-State basis where available, of— the number of unique website visits; the number of individuals who create an account; the number of calls to the call center; the average wait time for callers contacting the call center; the number of individuals who enroll in a qualified health plan; and the percentage of individuals who enroll in a qualified health plan through each of— the website; the call center; navigators; agents and brokers; the enrollment assistant program; directly from issuers or web brokers; and other means.
For plan year 2021 and each subsequent year, the Secretary, in coordination with the Secretary of the Treasury and the Secretary of Labor, shall publish an after action report not later than 3 months after the completion of the annual open enrollment period regarding the performance of the Exchange described in subsection
(a)for the applicable plan year. Each such report shall include a summary, including information on a State-by-State basis where available, of— the open enrollment data reported under subsection
(a)for the entirety of the enrollment period; and activities related to patient navigators described in section 1311(i) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(i) ), including— the performance objectives established by the Secretary for such patient navigators; the number of consumers enrolled by such a patient navigator; an assessment of how such patient navigators have met established performance metrics, including a detailed list of all patient navigators, funding received by patient navigators, and whether established performance objectives of patient navigators were met; and with respect to the performance objectives described in subparagraph (A)— whether such objectives assess the full scope of patient navigator responsibilities, including general education, plan selection, and determination of eligibility for tax credits, cost-sharing reductions, or other coverage; how the Secretary worked with patient navigators to establish such objectives; and how the Secretary adjusted such objectives for case complexity and other contextual factors. Not later than 3 months after the completion of the annual open enrollment period for plan year 2021, the Secretary shall issue a report on advertising and outreach to consumers for the open enrollment period for plan year 2021. Such report shall include a description of— the division of spending on individual advertising platforms, including television and radio advertisements and digital media, to raise consumer awareness of open enrollment; the division of spending on individual outreach platforms, including email and text messages, to raise consumer awareness of open enrollment; and whether the Secretary conducted targeted outreach to specific demographic groups and geographic areas. For plan year 2021 and each subsequent plan year, not later than the date that is 3 months after the end of such plan year, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress and make available to the public an annual report on the expenditures by the Department of Health and Human Services of user fees collected pursuant to section 156.50 of title 45, Code of Federal Regulations (or any successor regulations). Each such report for a plan year shall include a detailed accounting of the amount of such user fees collected during such plan year and of the amount of such expenditures used during such plan year for the federally facilitated Exchange operated pursuant to section 1321(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18041(c) ) on outreach and enrollment activities, navigators, maintenance of Healthcare.gov, and operation of call centers.
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