Delay Until Fully Functional Act of 2013 - Amends the Patient Protection and Affordable Care Act to require the Comptroller General (GAO) to: (1) determine whether health care exchanges and all other point of enrollment options are fully functional and operating in a manner consistent with the role envisioned under the Act and report study results to Congress, and (2) conduct subsequent studies every 60 days until the Comptroller General determines that exchanges are fully functional and operating in such manner.
Delays the effective date of the penalty for failure to maintain minimum essential coverage to apply the requirements to taxable years beginning six months after the date on which the Inspector General of the Department of Health and Human Services (HHS) certifies to Congress the results of the GAO determination that exchanges are operating successfully.
Amends the Internal Revenue Code to exempt from the penalty an individual who is unable to enroll in a qualified health plan because of the technical or customer service issues of an exchange.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3359
To provide for a delay of the individual mandate under the Patient
Protection and Affordable Care Act until the American Health Benefit
Exchanges are functioning properly.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2013
Mr. Radel (for himself, Mr. Cook, Mr. Gohmert, Mr. McKinley, Mr.
Messer, Mr. Collins of New York, Mr. Simpson, Mr. Westmoreland, Mr.
Rodney Davis of Illinois, Mr. Chabot, Mr. Neugebauer, Mr. Diaz-Balart,
Mr. Bishop of Utah, Mr. Jones, Mr. Rokita, Ms. Ros-Lehtinen, and Mr.
Garrett) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Energy
and Commerce, 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 a delay of the individual mandate under the Patient
Protection and Affordable Care Act until the American Health Benefit
Exchanges are functioning properly.
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 ``Delay Until Fully Functional Act of
2013''.
SEC. 2. DELAY IN THE INDIVIDUAL MANDATE AND EXEMPTION FROM PENALTY.
(a) Delay in Applicability.--Section 1501(d) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18091(d)) is amended to
read as follows:
``(d) Effective Date.--
``(1) In general.--The amendments made by this section
shall apply to taxable years beginning 6 months after the date
on which the Inspector General of the Department of Health and
Human Services submits to Congress the certification described
in paragraph (3).
``(2) GAO study and report.--
``(A) In general.--Not later than 30 days after the
date of enactment of the Delay Until Fully Functional
Act of 2013, the Comptroller General of the United
States shall conduct a study to determine whether the
American Health Benefit Exchanges, including the
Exchange administered by the Federal Government, and
all other point of enrollment options (including
telephone and postal options), are fully functional and
operating in a manner consistent with the role
envisioned for Exchanges under this Act, and submit to
the appropriate committees of Congress a report
concerning the results of such study.
``(B) Subsequent studies and reports.--If, based on
the results of the study conducted under subparagraph
(A), the Comptroller General determines that the
Exchanges are not fully functional and operating in a
manner consistent with the role envisioned for
Exchanges under this Act, the Comptroller General shall
conduct one or more subsequent studies every 60 days
(and submit reports based on the results of such
studies) until the Comptroller General determines that
the Exchanges are fully functional and operating in
such manner.
``(3) Certification.--Upon the submission of a report under
paragraph (2) that determines that the American Health Benefit
Exchanges are fully functional and operating in a manner
consistent with the role envisioned for Exchanges under this
Act, the Inspector General for the Department of Health and
Human Services shall submit to Congress a certification (in
writing) of the results of such report.
``(4) Adjustment of dates.--In applying section 5000A of
the Internal Revenue Code of 1986, the Secretary of the
Treasury shall adjust the dates in such section accordingly
based on the application of this subsection.''.
(b) Exemption From Penalty.--Section 5000A of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(h) Exemption.--The provisions of this section shall not apply to
an individual who is unable to enroll in a qualified health plan
because of the technical or customer service issues of an American
Health Benefit Exchange, as determined by the Secretary.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 Ways and Means, and in addition to the Committee on Energy and Commerce, 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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