Health Care Waiver Transparency Act

Health Care Waiver Transparency Act - Requires the Secretary of Health and Human Services (HHS) to publish detailed criteria used by the Secretary to approve a waiver, adjustment, or other compliance relief provided for under the Patient Protection and Affordable Care Act or the health care provisions of the Health Care and Education Reconciliation Act of 2010, including how significant of a decrease in benefits or increase in premiums would need to occur in order to be approved for a waiver. Directs the Secretary to publish each application for a waiver and the approval or rejection of the waiver while ensuring the confidentiality of proprietary information of each applicant.

Prohibits any preferential treatment to be given to an applicant based on political contributions or association with a labor union, a health plan provided for under a collective bargaining agreement, or another organized labor group.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 650 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 650

 To require greater transparency concerning the criteria used to grant 
     waivers to the job-killing health care law and to ensure that 
  applications for such waivers are treated in a fair and consistent 
  manner, irrespective of the applicant's political contributions or 
  association with a labor union, a health plan provided for under a 
   collective bargaining agreement, or another organized labor group.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

  Mr. Ensign introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To require greater transparency concerning the criteria used to grant 
     waivers to the job-killing health care law and to ensure that 
  applications for such waivers are treated in a fair and consistent 
  manner, irrespective of the applicant's political contributions or 
  association with a labor union, a health plan provided for under a 
   collective bargaining agreement, or another organized labor group.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Waiver Transparency 
Act''.

SEC. 2. REQUIREMENTS WITH RESPECT TO GRANTING WAIVERS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall--
            (1) publish detailed criteria used by the Secretary to 
        determine approval of an application submitted by a group 
        health plan, health insurance issuer, employer, State, 
        municipality, or other entity eligible for a waiver, 
        adjustment, or other compliance relief provided for under the 
        authority of the Patient Protection and Affordable Care Act 
        (Public Law 111-148) or title I or subtitle B of title II of 
        the Health Care and Education Reconciliation Act (Public Law 
        111-152), including--
                    (A) how much of a significant decrease in benefits 
                with respect to a health insurance plan or health 
                insurance coverage would need to occur in order have 
                such a waiver application approved by the Secretary; 
                and
                    (B) how much of a significant increase in premiums 
                with respect to a health insurance plan or health 
                insurance coverage would need to occur to have such a 
                waiver application approved by the Secretary;
            (2) publish on the Internet Web site of the Department of 
        Health and Human Services each application for a waiver 
        described in paragraph (1); and
            (3) publish on the Internet Web site of the Department of 
        Health and Human Services the determination of the Secretary 
        whether to approve or reject such application, and the reason 
        for such approval or rejection.
    (b) Protection of Proprietary Information.--In carrying out 
subsection (a), the Secretary shall ensure the confidentiality of 
proprietary information of each applicant.
    (c) Prohibition of Preferential Treatment.--In no case, during any 
stage of the application process for an application described in 
subsection (a)(1), shall preferential treatment be given to an 
applicant based on political contributions or association with a labor 
union, a health plan provided for under a collective bargaining 
agreement, or another organized labor group.
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