Fairness for Individuals Using Exchange Websites Act of 2013 - Requires the Inspector General of the Department of Health and Human Services (HHS) to certify the website of a health care exchange once it is determined, based upon criteria specified by the Comptroller General (GAO) after enactment of this Act, to be fully functional for the purpose of enrollment in qualified health plans.
Amends the Patient Protection and Affordable Care Act to require an exchange for which the website is certified under this Act after December 31, 2013, to provide a special enrollment period of at least three months after the date of certification.
Amends the Internal Revenue Code, with respect to the penalty for failure to maintain minimum essential coverage, to exempt: (1) individuals residing in states for which an exchange is uncertified, and (2) individuals residing in states with websites certified after December 31, 2013, for months during the special enrollment period.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3358 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3358
To provide for an exemption from the individual mandate under the
Patient Protection and Affordable Care Act for individuals residing in
States in which the Exchange Websites are not fully functional, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2013
Mr. Messer introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for an exemption from the individual mandate under the
Patient Protection and Affordable Care Act for individuals residing in
States in which the Exchange Websites are not fully functional, 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 for Individuals Using
Exchange Websites Act of 2013''.
SEC. 2. EXEMPTION FROM ACA INDIVIDUAL MANDATE FOR INDIVIDUALS RESIDING
IN STATES WITH AN EXCHANGE FOR WHICH THE WEBSITE HAS NOT
RECEIVED A CERTIFICATION OF FUNCTIONALITY.
(a) HHS Certification.--The Inspector General of the Department of
Health and Human Services shall certify the Website of an Exchange
established under title I of the Patient Protection and Affordable Care
Act (Public Law 111-148) once such Website is determined, based on the
criteria specified under subsection (b), to be fully functional for the
purpose of enrolling through such Exchange in qualified health plans
(as defined in section 1301(a) of such Act (42 U.S.C. 18021(a))).
(b) Criteria.--Not later than 30 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall specify criteria for determining whether the Website of an
Exchange described in subsection (a) is fully functional for the
purpose described in such subsection.
(c) Special Enrollment Period Following Date of Certification.--
Section 1311(c)(6) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)(6)) is amended--
(1) in subparagraph (C), by striking at the end ``and'';
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) in the case of an Exchange for which the
Website is certified under section 2(a) of the Fairness
for Individuals Using Exchange Websites Act of 2013
after December 31, 2013, a special enrollment period of
at least 3 months beginning after the date of such
certification.''.
(d) Exemption From ACA Individual Mandate.--Section 5000A(e) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(6) Individuals unable to enroll in a health plan
online.--
``(A) Individuals residing in states with
uncertified exchange websites.--Any applicable
individual for any month during which the individual
resides in a State for which the Exchange Website is
not certified under section 2(a) of the Fairness for
Individuals Using Exchange Websites Act of 2013.
``(B) Individuals residing in states with exchange
websites certified after december 31, 2013.--In the
case of an Exchange for a State with respect to which
the Website is certified under section 2(a) of the
Fairness for Individuals Using Exchange Websites Act of
2013 after December 31, 2013, any applicable individual
for any month--
``(i) beginning before the last day of the
special enrollment period provided by such
Exchange pursuant to section 1311(c)(6)(E) of
the Patient Protection and Affordable Care Act;
and
``(ii) during which the individual resides
in such State.''.
(e) Effective Date.--The amendments made by--
(1) subsection (c) shall take effect as if included in the
enactment of section 1311 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031); and
(2) subsection (d) shall take effect as if included in the
amendments made by section 1501 of such Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
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