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42 U.S.C. § 18031 — Affordable choices of health benefit plans

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42 U.S.C. § 18031 — Affordable choices of health benefit plans

**(a) Assistance to States to establish American Health Benefit Exchanges** (1) **Planning and establishment grants** — There shall be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, an amount necessary to enable the Secretary to make awards, not later than 1 year after March 23, 2010, to States in the amount specified in paragraph (2) for the uses described in paragraph (3). (2) **Amount specified** — For each fiscal year, the Secretary shall determine the total amount that the Secretary will make available to each State for grants under this subsection. (3) **Use of funds** — A State shall use amounts awarded under this subsection for activities (including planning activities) related to establishing an American Health Benefit Exchange, as described in subsection (b). (4) **Renewability of grant** (A) *In general* — Subject to subsection (d)(4), the Secretary may renew a grant awarded under paragraph (1) if the State recipient of such grant— (i) is making progress, as determined by the Secretary, toward— (I) establishing an Exchange; and (II) implementing the reforms described in subtitles A and C (and the amendments made by such subtitles); and (ii) is meeting such other benchmarks as the Secretary may establish. (B) *Limitation* — No grant shall be awarded under this subsection after January 1, 2015. (5) **Technical assistance to facilitate participation in SHOP Exchanges** — The Secretary shall provide technical assistance to States to facilitate the participation of qualified small businesses in such States in SHOP Exchanges. **(b) American Health Benefit Exchanges** (1) **In general** — Each State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (

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Source location: Title 42, Chapter 157, § 18031; chapter-157-quality-affordable-health-care-for-all-americans.md

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**(a) Assistance to States to establish American Health Benefit Exchanges** (1) **Planning and establishment grants** — There shall be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, an amount necessary to enable the Secretary to make awards, not later than 1 year after March 23, 2010, to States in the amount specified in paragraph (2) for the uses described in paragraph (3). (2) **Amount specified** — For each fiscal year, the Secretary shall determine the total amount that the Secretary will make available to each State for grants under this subsection. (3) **Use of funds** — A State shall use amounts awarded under this subsection for activities (including planning activities) related to establishing an American Health Benefit Exchange, as described in subsection (b). (4) **Renewability of grant** (A) *In general* — Subject to subsection (d)(4), the Secretary may renew a grant awarded under paragraph (1) if the State recipient of such grant— (i) is making progress, as determined by the Secretary, toward— (I) establishing an Exchange; and (II) implementing the reforms described in subtitles A and C (and the amendments made by such subtitles); and (ii) is meeting such other benchmarks as the Secretary may establish. (B) *Limitation* — No grant shall be awarded under this subsection after January 1, 2015. (5) **Technical assistance to facilitate participation in SHOP Exchanges** — The Secretary shall provide technical assistance to States to facilitate the participation of qualified small businesses in such States in SHOP Exchanges. **(b) American Health Benefit Exchanges** (1) **In general** — Each State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (referred to in this title 11 See References in Text note below. as an “Exchange”) for the State that— (A) facilitates the purchase of qualified health plans; (B) provides for the establishment of a Small Business Health Options Program (in this title 1 referred to as a “SHOP Exchange”) that is designed to assist qualified employers in the State who are small employers in facilitating the enrollment of their employees in qualified health plans offered in the small group market in the State; and (C) meets the requirements of subsection (d). (2) **Merger of individual and SHOP Exchanges** — A State may elect to provide only one Exchange in the State for providing both Exchange and SHOP Exchange services to both qualified individuals and qualified small employers, but only if the Exchange has adequate resources to assist such individuals and employers. **(c) Responsibilities of the Secretary** (1) **In general** — The Secretary shall, by regulation, establish criteria for the certification of health plans as qualified health plans. Such criteria shall require that, to be certified, a plan shall, at a minimum— (A) meet marketing requirements, and not employ marketing practices or benefit designs that have the effect of discouraging the enrollment in such plan by individuals with significant health needs; (B) ensure a sufficient choice of providers (in a manner consistent with applicable network adequacy provisions under section 2702(c) of the Public Health Service Act [[42 U.S.C. 300gg–1(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–1/c&num=0&edition=prelim)]), and provide information to enrollees and prospective enrollees on the availability of in-network and out-of-network providers; (C) include within health insurance plan networks those essential community providers, where available, that serve predominately low-income, medically-underserved individuals, such as health care providers defined in section 340B(a)(4) of the Public Health Service Act [[42 U.S.C. 256b(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section256b/a/4&num=0&edition=prelim)] and providers described in section 1927(c)(1)(D)(i)(IV) of the Social Security Act [[42 U.S.C. 1396r–8(c)(1)(D)(i)(IV)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/c/1/D/i/IV&num=0&edition=prelim)] as set forth by section 221 of Public Law 111–8, except that nothing in this subparagraph shall be construed to require any health plan to provide coverage for any specific medical procedure; (D) (i) be accredited with respect to local performance on clinical quality measures such as the Healthcare Effectiveness Data and Information Set, patient experience ratings on a standardized Consumer Assessment of Healthcare Providers and Systems survey, as well as consumer access, utilization management, quality assurance, provider credentialing, complaints and appeals, network adequacy and access, and patient information programs by any entity recognized by the Secretary for the accreditation of health insurance issuers or plans (so long as any such entity has transparent and rigorous methodological and scoring criteria); or (ii) receive such accreditation within a period established by an Exchange for such accreditation that is applicable to all qualified health plans; (E) implement a quality improvement strategy described in subsection (g)(1); (F) utilize a uniform enrollment form that qualified individuals and qualified employers may use (either electronically or on paper) in enrolling in qualified health plans offered through such Exchange, and that takes into account criteria that the National Association of Insurance Commissioners develops and submits to the Secretary; (G) utilize the standard format established for presenting health benefits plan options; (H) provide information to enrollees and prospective enrollees, and to each Exchange in which the plan is offered, on any quality measures for health plan performance endorsed under section 399JJ of the Public Health Service Act [[42 U.S.C. 280j–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section280j-2&num=0&edition=prelim)], as applicable; and (I) report to the Secretary at least annually and in such manner as the Secretary shall require, pediatric quality reporting measures consistent with the pediatric quality reporting measures established under section 1139A of the Social Security Act [[42 U.S.C. 1320b–9a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b-9a&num=0&edition=prelim)]. (2) **Rule of construction** — Nothing in paragraph (1)(C) shall be construed to require a qualified health plan to contract with a provider described in such paragraph if such provider refuses to accept the generally applicable payment rates of such plan. (3) **Rating system** — The Secretary shall develop a rating system that would rate qualified health plans offered through an Exchange in each benefits level on the basis of the relative quality and price. The Exchange shall include the quality rating in the information provided to individuals and employers through the Internet portal established under paragraph (4). (4) **Enrollee satisfaction system** — The Secretary shall develop an enrollee satisfaction survey system that would evaluate the level of enrollee satisfaction with qualified health plans offered through an Exchange, for each such qualified health plan that had more than 500 enrollees in the previous year. The Exchange shall include enrollee satisfaction information in the information provided to individuals and employers through the Internet portal established under paragraph (5) in a manner that allows individuals to easily compare enrollee satisfaction levels between comparable plans. (5) **Internet portals** — The Secretary shall— (A) continue to operate, maintain, and update the Internet portal developed under [section 18003(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18003/a&num=0&edition=prelim) and to assist States in developing and maintaining their own such portal; and (B) make available for use by Exchanges a model template for an Internet portal that may be used to direct qualified individuals and qualified employers to qualified health plans, to assist such individuals and employers in determining whether they are eligible to participate in an Exchange or eligible for a premium tax credit or cost-sharing reduction, and to present standardized information (including quality ratings) regarding qualified health plans offered through an Exchange to assist consumers in making easy health insurance choices. Such template shall include, with respect to each qualified health plan offered through the Exchange in each rating area, access to the uniform outline of coverage the plan is required to provide under section 2716 1 of the Public Health Service Act and to a copy of the plan’s written policy. (6) **Enrollment periods** — The Secretary shall require an Exchange to provide for— (A) an initial open enrollment, as determined by the Secretary (such determination to be made not later than July 1, 2012); (B) annual open enrollment periods, as determined by the Secretary for calendar years after the initial enrollment period; (C) special enrollment periods specified in [section 9801 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9801&num=0&edition=prelim) and other special enrollment periods under circumstances similar to such periods under part D of title XVIII of the Social Security Act [[42 U.S.C. 1395w–101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w-101&num=0&edition=prelim) et seq.]; and (D) special monthly enrollment periods for Indians (as defined in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim)). (7) **Reenrollment of certain individuals in qualified health plans in certain exchanges** (A) *In general* — In the case of an Exchange that the Secretary operates pursuant to [section 18041(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18041/c/1&num=0&edition=prelim), the Secretary shall establish a process under which an individual described in subparagraph (B) is reenrolled for plan year 2021 in a qualified health plan offered through such Exchange. Such qualified health plan under which such individual is so reenrolled shall be— (i) if available for plan year 2021, the qualified health plan under which such individual is enrolled during the annual open enrollment period for such plan year; and (ii) if such qualified health plan is not available for plan year 2021, a qualified health plan offered through such Exchange determined appropriate by the Secretary. (B) *Individual described* — An individual described in this subsection is an individual who, with respect to plan year 2020— (i) resides in a State with an Exchange described in subparagraph (A); (ii) is enrolled in a qualified health plan during such plan year and does not enroll in a qualified health plan for plan year 2021 during the annual open enrollment period for such plan year 2021; and (iii) does not elect to disenroll under a qualified health plan for plan year 2021 during such annual open enrollment period. **(d) Requirements** (1) **In general** — An Exchange shall be a governmental agency or nonprofit entity that is established by a State. (2) **Offering of coverage** (A) *In general* — An Exchange shall make available qualified health plans to qualified individuals and qualified employers. (B) *Limitation* (i) *In general* — An Exchange may not make available any health plan that is not a qualified health plan. (ii) *Offering of stand-alone dental benefits* — Each Exchange within a State shall allow an issuer of a plan that only provides limited scope dental benefits meeting the requirements of [section 9832(c)(2)(A) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9832/c/2/A&num=0&edition=prelim) to offer the plan through the Exchange (either separately or in conjunction with a qualified health plan) if the plan provides pediatric dental benefits meeting the requirements of [section 18022(b)(1)(J) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022/b/1/J&num=0&edition=prelim)). (3) **Rules relating to additional required benefits** (A) *In general* — Except as provided in subparagraph (B), an Exchange may make available a qualified health plan notwithstanding any provision of law that may require benefits other than the essential health benefits specified under [section 18022(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022/b&num=0&edition=prelim). (B) *States may require additional benefits* (i) *In general* — Subject to the requirements of clause (ii), a State may require that a qualified health plan offered in such State offer benefits in addition to the essential health benefits specified under [section 18022(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022/b&num=0&edition=prelim). (ii) *State must assume cost* — A State shall make payments— (I) to an individual enrolled in a qualified health plan offered in such State; or (II) on behalf of an individual described in subclause (I) directly to the qualified health plan in which such individual is enrolled; to defray the cost of any additional benefits described in clause (i). (4) **Functions** — An Exchange shall, at a minimum— (A) implement procedures for the certification, recertification, and decertification, consistent with guidelines developed by the Secretary under subsection (c), of health plans as qualified health plans; (B) provide for the operation of a toll-free telephone hotline to respond to requests for assistance; (C) maintain an Internet website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans; (D) assign a rating to each qualified health plan offered through such Exchange in accordance with the criteria developed by the Secretary under subsection (c)(3); (E) utilize a standardized format for presenting health benefits plan options in the Exchange, including the use of the uniform outline of coverage established under section 2715 of the Public Health Service Act [[42 U.S.C. 300gg–15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-15&num=0&edition=prelim)]; (F) in accordance with [section 18083 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18083&num=0&edition=prelim), inform individuals of eligibility requirements for the medicaid program under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.], the CHIP program under title XXI of such Act [[42 U.S.C. 1397aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397aa&num=0&edition=prelim) et seq.], or any applicable State or local public program and if through screening of the application by the Exchange, the Exchange determines that such individuals are eligible for any such program, enroll such individuals in such program; (G) establish and make available by electronic means a calculator to determine the actual cost of coverage after the application of any premium tax credit under [section 36B of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B&num=0&edition=prelim) and any cost-sharing reduction under [section 18071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18071&num=0&edition=prelim); (H) subject to [section 18081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18081&num=0&edition=prelim), grant a certification attesting that, for purposes of the individual responsibility penalty under [section 5000A of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000A&num=0&edition=prelim), an individual is exempt from the individual requirement or from the penalty imposed by such section because— (i) there is no affordable qualified health plan available through the Exchange, or the individual’s employer, covering the individual; or (ii) the individual meets the requirements for any other such exemption from the individual responsibility requirement or penalty; (I) transfer to the Secretary of the Treasury— (i) a list of the individuals who are issued a certification under subparagraph (H), including the name and taxpayer identification number of each individual; (ii) the name and taxpayer identification number of each individual who was an employee of an employer but who was determined to be eligible for the premium tax credit under [section 36B of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B&num=0&edition=prelim) because— (I) the employer did not provide minimum essential coverage; or (II) the employer provided such minimum essential coverage but it was determined under section 36B(c)(2)(C) of such title to either be unaffordable to the employee or not provide the required minimum actuarial value; and (iii) the name and taxpayer identification number of each individual who notifies the Exchange under [section 18081(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18081/b/4&num=0&edition=prelim) that they have changed employers and of each individual who ceases coverage under a qualified health plan during a plan year (and the effective date of such cessation); (J) provide to each employer the name of each employee of the employer described in subparagraph (I)(ii) who ceases coverage under a qualified health plan during a plan year (and the effective date of such cessation); and (K) establish the Navigator program described in subsection (i). (5) **Funding limitations** (A) *No Federal funds for continued operations* — In establishing an Exchange under this section, the State shall ensure that such Exchange is self-sustaining beginning on January 1, 2015, including allowing the Exchange to charge assessments or user fees to participating health insurance issuers, or to otherwise generate funding, to support its operations. (B) *Prohibiting wasteful use of funds* — In carrying out activities under this subsection, an Exchange shall not utilize any funds intended for the administrative and operational expenses of the Exchange for staff retreats, promotional giveaways, excessive executive compensation, or promotion of Federal or State legislative and regulatory modifications. (6) **Consultation** — An Exchange shall consult with stakeholders relevant to carrying out the activities under this section, including— (A) educated health care consumers who are enrollees in qualified health plans; (B) individuals and entities with experience in facilitating enrollment in qualified health plans; (C) representatives of small businesses and self-employed individuals; (D) State Medicaid offices; and (E) advocates for enrolling hard to reach populations. (7) **Publication of costs** — An Exchange shall publish the average costs of licensing, regulatory fees, and any other payments required by the Exchange, and the administrative costs of such Exchange, on an Internet website to educate consumers on such costs. Such information shall also include monies lost to waste, fraud, and abuse. **(e) Certification** (1) **In general** — An Exchange may certify a health plan as a qualified health plan if— (A) such health plan meets the requirements for certification as promulgated by the Secretary under subsection (c)(1); and (B) the Exchange determines that making available such health plan through such Exchange is in the interests of qualified individuals and qualified employers in the State or States in which such Exchange operates, except that the Exchange may not exclude a health plan— (i) on the basis that such plan is a fee-for-service plan; (ii) through the imposition of premium price controls; or (iii) on the basis that the plan provides treatments necessary to prevent patients’ deaths in circumstances the Exchange determines are inappropriate or too costly. (2) **Premium considerations** — The Exchange shall require health plans seeking certification as qualified health plans to submit a justification for any premium increase prior to implementation of the increase. Such plans shall prominently post such information on their websites. The Exchange shall take this information, and the information and the recommendations provided to the Exchange by the State under section 2794(b)(1) of the Public Health Service Act [[42 U.S.C. 300gg–94(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–94/b/1&num=0&edition=prelim)] (relating to patterns or practices of excessive or unjustified premium increases), into consideration when determining whether to make such health plan available through the Exchange. The Exchange shall take into account any excess of premium growth outside the Exchange as compared to the rate of such growth inside the Exchange, including information reported by the States. (3) **Transparency in coverage** (A) *In general* — The Exchange shall require health plans seeking certification as qualified health plans to submit to the Exchange, the Secretary, the State insurance commissioner, and make available to the public, accurate and timely disclosure of the following information: (i) Claims payment policies and practices. (ii) Periodic financial disclosures. (iii) Data on enrollment. (iv) Data on disenrollment. (v) Data on the number of claims that are denied. (vi) Data on rating practices. (vii) Information on cost-sharing and payments with respect to any out-of-network coverage. (viii) Information on enrollee and participant rights under this title.1 (ix) Other information as determined appropriate by the Secretary. (B) *Use of plain language* — The information required to be submitted under subparagraph (A) shall be provided in plain language. The term “plain language” means language that the intended audience, including individuals with limited English proficiency, can readily understand and use because that language is concise, well-organized, and follows other best practices of plain language writing. The Secretary and the Secretary of Labor shall jointly develop and issue guidance on best practices of plain language writing. (C) *Cost sharing transparency* — The Exchange shall require health plans seeking certification as qualified health plans to permit individuals to learn the amount of cost-sharing (including deductibles, copayments, and coinsurance) under the individual’s plan or coverage that the individual would be responsible for paying with respect to the furnishing of a specific item or service by a participating provider in a timely manner upon the request of the individual. At a minimum, such information shall be made available to such individual through an Internet website and such other means for individuals without access to the Internet. (D) *Group health plans* — The Secretary of Labor shall update and harmonize the Secretary’s rules concerning the accurate and timely disclosure to participants by group health plans of plan disclosure, plan terms and conditions, and periodic financial disclosure with the standards established by the Secretary under subparagraph (A). **(f) Flexibility** (1) **Regional or other interstate exchanges** — An Exchange may operate in more than one State if— (A) each State in which such Exchange operates permits such operation; and (B) the Secretary approves such regional or interstate Exchange. (2) **Subsidiary Exchanges** — A State may establish one or more subsidiary Exchanges if— (A) each such Exchange serves a geographically distinct area; and (B) the area served by each such Exchange is at least as large as a rating area described in section 2701(a) of the Public Health Service Act [[42 U.S.C. 300gg(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg/a&num=0&edition=prelim)]. (3) **Authority to contract** (A) *In general* — A State may elect to authorize an Exchange established by the State under this section to enter into an agreement with an eligible entity to carry out 1 or more responsibilities of the Exchange. (B) *Eligible entity* — In this paragraph, the term “eligible entity” means— (i) a person— (I) incorporated under, and subject to the laws of, 1 or more States; (II) that has demonstrated experience on a State or regional basis in the individual and small group health insurance markets and in benefits coverage; and (III) that is not a health insurance issuer or that is treated under subsection (a) or (b) of [section 52 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section52&num=0&edition=prelim) as a member of the same controlled group of corporations (or under common control with) as a health insurance issuer; or (ii) the State medicaid agency under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.]. **(g) Rewarding quality through market-based incentives** (1) **Strategy described** — A strategy described in this paragraph is a payment structure that provides increased reimbursement or other incentives for— (A) improving health outcomes through the implementation of activities that shall include quality reporting, effective case management, care coordination, chronic disease management, medication and care compliance initiatives, including through the use of the medical home model, for treatment or services under the plan or coverage; (B) the implementation of activities to prevent hospital readmissions through a comprehensive program for hospital discharge that includes patient-centered education and counseling, comprehensive discharge planning, and post discharge reinforcement by an appropriate health care professional; (C) the implementation of activities to improve patient safety and reduce medical errors through the appropriate use of best clinical practices, evidence based medicine, and health information technology under the plan or coverage; (D) the implementation of wellness and health promotion activities; and (E) the implementation of activities to reduce health and health care disparities, including through the use of language services, community outreach, and cultural competency trainings. (2) **Guidelines** — The Secretary, in consultation with experts in health care quality and stakeholders, shall develop guidelines concerning the matters described in paragraph (1). (3) **Requirements** — The guidelines developed under paragraph (2) shall require the periodic reporting to the applicable Exchange of the activities that a qualified health plan has conducted to implement a strategy described in paragraph (1). **(h) Quality improvement** (1) **Enhancing patient safety** — Beginning on January 1, 2015, a qualified health plan may contract with— (A) a hospital with greater than 50 beds only if such hospital— (i) utilizes a patient safety evaluation system as described in part C of title IX of the Public Health Service Act [[42 U.S.C. 299b–21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section299b-21&num=0&edition=prelim) et seq.]; and (ii) implements a mechanism to ensure that each patient receives a comprehensive program for hospital discharge that includes patient-centered education and counseling, comprehensive discharge planning, and post discharge reinforcement by an appropriate health care professional; or (B) a health care provider only if such provider implements such mechanisms to improve health care quality as the Secretary may by regulation require. (2) **Exceptions** — The Secretary may establish reasonable exceptions to the requirements described in paragraph (1). (3) **Adjustment** — The Secretary may by regulation adjust the number of beds described in paragraph (1)(A). **(i) Navigators** (1) **In general** — An Exchange shall establish a program under which it awards grants to entities described in paragraph (2) to carry out the duties described in paragraph (3). (2) **Eligibility** (A) *In general* — To be eligible to receive a grant under paragraph (1), an entity shall demonstrate to the Exchange involved that the entity has existing relationships, or could readily establish relationships, with employers and employees, consumers (including uninsured and underinsured consumers), or self-employed individuals likely to be qualified to enroll in a qualified health plan. (B) *Types* — Entities described in subparagraph (A) may include trade, industry, and professional associations, commercial fishing industry organizations, ranching and farming organizations, community and consumer-focused nonprofit groups, chambers of commerce, unions, resource partners of the Small Business Administration, other licensed insurance agents and brokers, and other entities that— (i) are capable of carrying out the duties described in paragraph (3); (ii) meet the standards described in paragraph (4); and (iii) provide information consistent with the standards developed under paragraph (5). (3) **Duties** — An entity that serves as a navigator under a grant under this subsection shall— (A) conduct public education activities to raise awareness of the availability of qualified health plans; (B) distribute fair and impartial information concerning enrollment in qualified health plans, and the availability of premium tax credits under [section 36B of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B&num=0&edition=prelim) and cost-sharing reductions under [section 18071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18071&num=0&edition=prelim); (C) facilitate enrollment in qualified health plans; (D) provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman established under section 2793 of the Public Health Service Act [[42 U.S.C. 300gg–93](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-93&num=0&edition=prelim)], or any other appropriate State agency or agencies, for any enrollee with a grievance, complaint, or question regarding their health plan, coverage, or a determination under such plan or coverage; and (E) provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Exchange or Exchanges. (4) **Standards** (A) *In general* — The Secretary shall establish standards for navigators under this subsection, including provisions to ensure that any private or public entity that is selected as a navigator is qualified, and licensed if appropriate, to engage in the navigator activities described in this subsection and to avoid conflicts of interest. Under such standards, a navigator shall not— (i) be a health insurance issuer; or (ii) receive any consideration directly or indirectly from any health insurance issuer in connection with the enrollment of any qualified individuals or employees of a qualified employer in a qualified health plan. (5) **Fair and impartial information and services** — The Secretary, in collaboration with States, shall develop standards to ensure that information made available by navigators is fair, accurate, and impartial. (6) **Funding** — Grants under this subsection shall be made from the operational funds of the Exchange and not Federal funds received by the State to establish the Exchange. **(j) Applicability of mental health parity** Section 2726 of the Public Health Service Act [[42 U.S.C. 300gg–26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-26&num=0&edition=prelim)] shall apply to qualified health plans in the same manner and to the same extent as such section applies to health insurance issuers and group health plans. **(k) Conflict** An Exchange may not establish rules that conflict with or prevent the application of regulations promulgated by the Secretary under this subchapter.

Cross-references

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1397aa — Purpose; State child health plans

**(a) Purpose** Except with respect to the rural health transformation program established in [section 1397ee(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ee/h&num=0&edition=prelim), the purpose of this subchapter is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children. Such assistance shall be provided primarily for obtaining health benefits coverage through— (1) obtaining coverage that meets the requirements of [section 1397cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397cc&num=0&edition=prelim), or (2) providing benefits under the State’s medicaid plan under subchapter XIX, or a combination of both. **(b) State child health plan required** A State is not eligible for payment under subsection (a) or (g) of [section 1397ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ee&num=0&edition=prelim) unless the State has submitted to the Secretary under [section 1397ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ff&num=0&edition=prelim) a plan that— (1) sets forth how the State intends to use the funds provided under this subchapter to provide child health assistance to needy children consistent with the provisions of this subchapter, and (2) has been approved under [section 1397ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ff&num=0&edition=prelim). **(c) State entitlement** This subchapter constitutes budget authority i

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26 U.S.C. § 36B — Refundable credit for coverage under a qualified health plan

**(a) In general** In the case of an applicable taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the premium assistance credit amount of the taxpayer for the taxable year. **(b) Premium assistance credit amount** For purposes of this section— (1) **In general** — The term “premium assistance credit amount” means, with respect to any taxable year, the sum of the premium assistance amounts determined under paragraph (2) with respect to all coverage months of the taxpayer occurring during the taxable year. (2) **Premium assistance amount** — The premium assistance amount determined under this subsection with respect to any coverage month is the amount equal to the lesser of— (A) the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 11 So in original. Probably should be preceded by “section”. of the Patient Protection and Affordable Care Act, or (B) the excess (if any) of— (i) the adjusted monthly premium for such month for the applicable second lowest cost silver plan with respect to the taxpayer, over (ii) an amount equal to 1/12 of the product of the applicable percentage and the taxpayer’s household income for the taxable year. (3) **Other terms and rules relating to premium assistance amounts** — For purposes of paragraph (2)— (A) *Applicable percentage* (i) *In general* — Except as provided in clause (ii), the applicable percentage for any taxable year shall be the percentage such that the applicable percentag

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26 U.S.C. § 9801 — Increased portability through limitation on preexisting condition exclusions

**(a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage** Subject to subsection (d), a group health plan may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if— (1) such exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date; (2) such exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date; and (3) the period of any such preexisting condition exclusion is reduced by the length of the aggregate of the periods of creditable coverage (if any) applicable to the participant or beneficiary as of the enrollment date. **(b) Definitions** For purposes of this section— (1) **Preexisting condition exclusion** (A) *In general* — The term “preexisting condition exclusion” means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. (B) *Treatment of genetic information* — For purposes of this section, genetic information shall not be treated as a condition described in subsection (a)(1) in the absence of a diagnosis of the condition related to such information. (2) **Enrollment date** — The term “enrollment date” means, with respect to an individual covered under a group health plan, the date of enrollment of the individual in the plan or, if earlier, the first day of the waiting per

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26 U.S.C. § 52 — Special rules

**(a) Controlled group of corporations** For purposes of this subpart, all employees of all corporations which are members of the same controlled group of corporations shall be treated as employed by a single employer. In any such case, the credit (if any) determined under section 51(a) with respect to each such member shall be its proportionate share of the wages giving rise to such credit. For purposes of this subsection, the term “controlled group of corporations” has the meaning given to such term by section 1563(a), except that— (1) “more than 50 percent” shall be substituted for “at least 80 percent” each place it appears in section 1563(a)(1), and (2) the determination shall be made without regard to subsections (a)(4) and (e)(3)(C) of section 1563. **(b) Employees of partnerships, proprietorships, etc., which are under common control** For purposes of this subpart, under regulations prescribed by the Secretary— (1) all employees of trades or business (whether or not incorporated) which are under common control shall be treated as employed by a single employer, and (2) the credit (if any) determined under section 51(a) with respect to each trade or business shall be its proportionate share of the wages giving rise to such credit. The regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection (a). **(c) Tax-exempt organizations** (1) **In general** — No credit shall be allowed under section 38 for any work opportunity credit determined under this subpart to any organization (other than a cooperative described in section 521) which is exempt from income tax under this chapter. (2) **Credit made available to qualified tax-exempt organizations employing qualified veterans** — For c

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26 U.S.C. § 5000A — Requirement to maintain minimum essential coverage

**(a) Requirement to maintain minimum essential coverage** An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month. **(b) Shared responsibility payment** (1) **In general** — If a taxpayer who is an applicable individual, or an applicable individual for whom the taxpayer is liable under paragraph (3), fails to meet the requirement of subsection (a) for 1 or more months, then, except as provided in subsection (e), there is hereby imposed on the taxpayer a penalty with respect to such failures in the amount determined under subsection (c). (2) **Inclusion with return** — Any penalty imposed by this section with respect to any month shall be included with a taxpayer’s return under chapter 1 for the taxable year which includes such month. (3) **Payment of penalty** — If an individual with respect to whom a penalty is imposed by this section for any month— (A) is a dependent (as defined in section 152) of another taxpayer for the other taxpayer’s taxable year including such month, such other taxpayer shall be liable for such penalty, or (B) files a joint return for the taxable year including such month, such individual and the spouse of such individual shall be jointly liable for such penalty. **(c) Amount of penalty** (1) **In general** — The amount of the penalty imposed by this section on any taxpayer for any taxable year with respect to failures described in subsection (b)(1) shall be equal to the lesser of— (A) the sum of the monthly penalty amounts determined under paragraph (2) for months in the taxable year during which 1 or more such failures occurred, or (B) an amount equal to the na

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25 U.S.C. § 1603 — Service of traditional foods in public facilities

**(a) Purposes** The purposes of this section are— (1) to provide access to traditional foods in food service programs; (2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and (3) to provide alternative food options for food service programs. **(b) Definitions** In this section: (1) **Alaska Native** — The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)). (2) **Commissioner** — The term “Commissioner” means the Commissioner of Food and Drugs. (3) **Food service program** — The term “food service program” includes— (A) food service at residential child care facilities that have a license from an appropriate State agency; (B) any child nutrition program (as that term is defined in [section 1769f(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769f/b&num=0&edition=prelim)); (C) food service at hospitals, clinics, and long-term care facilities; and (D) senior meal programs. (4) **Indian; Indian tribe** — The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)).11 See References in Text note below. (5) **Traditional food** (A) *In general* — The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe. (B) *Inclusions* — The term “traditi

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42 U.S.C. § 18083 — Streamlining of procedures for enrollment through an Exchange and State medicaid, CHIP, and health subsidy programs

**(a) In general** The Secretary shall establish a system meeting the requirements of this section under which residents of each State may apply for enrollment in, receive a determination of eligibility for participation in, and continue participation in, applicable State health subsidy programs. Such system shall ensure that if an individual applying to an Exchange is found through screening to be eligible for medical assistance under the State medicaid plan under title XIX 11 So in original. Probably should be followed by “of the Social Security Act”. [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.], or eligible for enrollment under a State children’s health insurance program (CHIP) under title XXI of such Act [[42 U.S.C. 1397aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397aa&num=0&edition=prelim) et seq.], the individual is enrolled for assistance under such plan or program. **(b) Requirements relating to forms and notice** (1) **Requirements relating to forms** (A) *In general* — The Secretary shall develop and provide to each State a single, streamlined form that— (i) may be used to apply for all applicable State health subsidy programs within the State; (ii) may be filed online, in person, by mail, or by telephone; (iii) may be filed with an Exchange or with State officials operating one of the other applicable State health subsidy programs; and (iv) is structured to maximize an applicant’s ability to complete the form satisfactorily, taking into account the characteristics of individuals who qualify for applicable State health subsidy programs. (B) *State authority to establish form* — A State may develop and use its own

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42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

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42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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42 U.S.C. § 300gg — Fair health insurance premiums

**(a) 11 So in original. No subsec. (b) has been enacted. Prohibiting discriminatory premium rates** (1) **In general** — With respect to the premium rate charged by a health insurance issuer for health insurance coverage offered in the individual or small group market— (A) such rate shall vary with respect to the particular plan or coverage involved only by— (i) whether such plan or coverage covers an individual or family; (ii) rating area, as established in accordance with paragraph (2); (iii) age, except that such rate shall not vary by more than 3 to 1 for adults (consistent with [section 300gg–6(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–6/c&num=0&edition=prelim)); and (iv) tobacco use, except that such rate shall not vary by more than 1.5 to 1; and (B) such rate shall not vary with respect to the particular plan or coverage involved by any other factor not described in subparagraph (A). (2) **Rating area** (A) *In general* — Each State shall establish 1 or more rating areas within that State for purposes of applying the requirements of this subchapter. (B) *Secretarial review* — The Secretary shall review the rating areas established by each State under subparagraph (A) to ensure the adequacy of such areas for purposes of carrying out the requirements of this subchapter. If the Secretary determines a State’s rating areas are not adequate, or that a State does not establish such areas, the Secretary may establish rating areas for that State. (3) **Permissible age bands** — The Secretary, in consultation with the National Association of Insurance Commissioners, shall define the permissible age bands for rating purposes under paragraph (1)(A)(iii). (4) **Application of variat

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