Fairness In Failed Federal Exchange Act of 2013

Fairness In Failed Federal Exchange Act of 2013 - Amends the Patient Protection and Affordable Care Act to deem an individual not covered by minimum essential coverage and who is eligible to enroll through a health care exchange under a qualified health plan: (1) for a month in 2014, to have had a certification by the Secretary of Health and Human Services (HHS) exempting the individual from the individual mandate and the associated penalty on the basis of the hardship exemption; and (2) for a month in a subsequent year to have had a certification of hardship exemption upon an attestation that the individual has been unable to enroll in such a plan through such exchange for a month in such year.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3338 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3338

  To amend the Patient Protection and Affordable Care Act to provide, 
   because of problems relating to the operation of Exchanges, for a 
     hardship exemption from the individual mandate for months of 
                  noncoverage, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2013

    Mrs. Ellmers (for herself, Mrs. Blackburn, and Mr. Kinzinger of 
  Illinois) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Patient Protection and Affordable Care Act to provide, 
   because of problems relating to the operation of Exchanges, for a 
     hardship exemption from the individual mandate for months of 
                  noncoverage, and for other purposes.

    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 ``Fairness In Failed Federal Exchange 
Act of 2013''.

SEC. 2. WAIVER OF INDIVIDUAL MANDATE THROUGH APPLICATION OF HARDSHIP 
              EXEMPTION.

    Section 1311(d) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 18031(d)) is amended by adding at the end the following new 
paragraph:
            ``(8) Application of hardship exemption in cases of 
        noncoverage.--An applicable individual (as defined in 
        subsection (d) of section 5000A of the Internal Revenue Code of 
        1986) who is not covered by minimum essential coverage and who 
        is eligible to enroll through an Exchange for coverage under a 
        qualified health plan for a month--
                    ``(A) in 2014 is deemed (for purposes of this Act 
                and the amendments made by this Act) to have had a 
                certification by the Secretary under paragraph (4)(H) 
                with respect to the hardship exemption described in 
                subsection (e)(5)(H) of such section for such month; 
                and
                    ``(B) in a subsequent year is deemed (for such 
                purposes) to have had a certification by the Secretary 
                under such paragraph with respect to such hardship 
                exemption if the individual executes an attestation 
                that the individual has been unable to enroll in such a 
                plan through such Exchange for a month in such year.''.
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