Federal and State Insurance Exchange Access Fairness and Penalty Delay Act of 2013 - Amends the Internal Revenue Code to delay the effective date of the penalty for failure to maintain minimum essential health insurance coverage to months beginning no earlier than 30 days after the end of an enrollment period extension required by this Act (a period of at least 90 days after a certification to Congress by the Inspector General of the Department of Health and Human Services [HHS] that the healthcare.gov website and a state exchange website are fully operational, or only the healthcare.gov website in the case of an individual residing in a state without a state exchange website).
Requires the Inspector General, in determining whether to make such certification, to consider monthly reports by the Comptroller General (GAO) on the progress of the websites in achieving such status.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3517 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3517
To amend the Patient Protection and Affordable Care Act to delay the
individual health insurance mandate and any penalties for violating the
individual mandate until after there is a certification that the
healthcare.gov or other applicable State Exchange website is fully
operational, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2013
Mr. Schrader 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 amend the Patient Protection and Affordable Care Act to delay the
individual health insurance mandate and any penalties for violating the
individual mandate until after there is a certification that the
healthcare.gov or other applicable State Exchange website is fully
operational, 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 ``Federal and State Insurance Exchange
Access Fairness and Penalty Delay Act of 2013''.
SEC. 2. DELAY IN APPLYING INDIVIDUAL HEALTH INSURANCE MANDATE AND
PENALTY FOR VIOLATING THE MANDATE BEFORE HEALTHCARE.GOV
OR OTHER APPLICABLE STATE WEBSITE IS CERTIFIED AS BEING
FULLY OPERATIONAL.
Section 5000A of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(h) Delay in Application.--
``(1) In general.--The provisions of this section shall not
apply to an individual for any month that begins earlier than
30 days after the end of the extension of enrollment period
provided under paragraph (4). In applying the previous
provisions of this section, the Secretary of the Treasury shall
adjust the dates in this section accordingly based on the
application of this subsection.
``(2) GAO report on progress on making the exchange
websites fully operational.--Beginning not later than 30 days
after the date of the enactment of the Federal and State
Insurance Exchange Access Fairness and Penalty Delay Act of
2013 and monthly thereafter (until such time as the Inspector
General submits the certification under paragraph (3)), the
Comptroller General of the United States shall submit to
Congress and to the Inspector General for the Department of
Health and Human Services monthly reports on the progress of
the healthcare.gov website and applicable State Exchange
websites in becoming fully operational (as defined in paragraph
(5)).
``(3) Inspector general of health and human services
certification.--Taking into account the reports submitted under
paragraph (2), the Inspector General of the Department of
Health and Human Services shall make a determination on whether
or not the healthcare.gov website and each applicable State
Exchange website is fully operational and, if so, shall submit
to Congress (and post on an appropriate public website) a
certification that the healthcare.gov website or the applicable
State Exchange website (as the case may be) is fully
operational.
``(4) Extension of initial enrollment period.--The
Secretary of Health and Human Services shall take such steps as
are necessary to extend the initial enrollment period for
individuals in qualified health plans offered through Exchanges
under the Patient Protection and Affordable Care Act so that
such period does not end earlier than 90 days after--
``(A) in the case of an individual residing in a
State with an applicable State Exchange website, the
date of the submittal to Congress of the certification
under paragraph (3) both for the healthcare.gov website
and for the applicable State Exchange website; or
``(B) in the case of an individual residing in a
State without an applicable State Exchange website, the
date of the submittal to Congress of the certification
under paragraph (3) for the healthcare.gov website.
``(5) Fully operational defined.--In this subsection, the
term `fully operational' means, with respect to the
healthcare.gov website or an applicable State Exchange website,
that the website is fully functional and operating in a manner
consistent with the role envisioned for Exchanges under the
Patient Protection and Affordable Care Act (and the amendments
made by such Act).
``(6) Applicable state exchange website defined.--In this
subsection, the term `applicable State Exchange website' means
a website that is established by a State in connection with
enrollment activities in such State for an American Health
Benefits Exchange and that is separate from the healthcare.gov
website.''.
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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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