To amend title I of the Patient Protection and Affordable Care Act to provide for a process for waiver of requirements of that title where the requirement is asserted to otherwise result in a significant decrease in access to coverage or significant increase in premiums or other costs.

Summary: Health Care Waiver Fairness Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to require the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of Treasury to establish waiver processes under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a health insurance coverage requirement under PPACA. Sets forth PPACA requirements that may be waived, including those related to minimum essential coverage and employers offering health care coverage to employees.

Establishes requirements for the waiver process, including requiring submission of a statement describing how the imposition of the PPACA requirement would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. Deems to be approved any waiver including such a statement.

Requires the Secretary of HHS to conduct a public awareness campaign of the waiver process with funds made available for the Prevention and Public Health Fund.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Waiver Fairness Act of 
2011''.

SEC. 2. PPACA WAIVER PROCESS.

    (a) In General.--Title I of the Patient Protection and Affordable 
Care Act (Public Law 111-148) is amended by adding at the end the 
following new subtitle:

                      ``Subtitle G--Waiver Process

``SEC. 1601. ESTABLISHMENT OF WAIVER PROCESS.

    ``(a) In General.--The applicable authorities (as defined in 
subsection (c)) shall collectively establish a process (in this section 
referred to as the `waiver process') under which the administrator of a 
health plan, an employer, an individual, or other entity may seek to 
waive the application of a requirement under this title with respect to 
such plan, employer, individual, or entity. Among the requirements 
under this title, such process shall apply to the following:
            ``(1) Section 5000A of the Internal Revenue Code of 1986 
        (relating to requirement to maintain minimum essential 
        coverage), as inserted by section 1501(b).
            ``(2) Section 6055 of the Internal Revenue Code of 1986 
        (relating to reporting of health insurance coverage), as 
        inserted by section 1502(a).
            ``(3) Section 18A of the Fair Labor Standards Act of 1938 
        (42 U.S.C. 218a, relating to automatic enrollment for employees 
        of large employers), as inserted by section 1511.
            ``(4) Section 18B of the Fair Labor Standards Act of 1938 
        (42 U.S.C. 218b, relating to notice to employees), as inserted 
        by section 1512.
            ``(5) Section 4980H of the Internal Revenue Code of 1986 
        (relating to shared responsibility for employers regarding 
        health coverage), as inserted by section 1513(a).
            ``(6) Section 6056 of the Internal Revenue Code of 1986 
        (relating to certain employers required to report on health 
        insurance coverage), as inserted by section 1514(a).
            ``(7) Section 10108 (relating to free choice vouchers).
            ``(8) Regulations regarding the treatment of group health 
        plans or health insurance coverage as a grandfathered health 
        plan (as defined in section 1251(e)).
            ``(9) Section 2718(b) of the Public Health Service Act 
        (relating to medical loss ratios), as inserted by section 1001.
    ``(b) Waiver Process.--
            ``(1) In general.--The applicable authorities shall 
        establish the waiver process consistent with the following:
                    ``(A) Notice and guidance.--Public notice and 
                guidance shall be provided regarding the process for 
                submission of waiver requests.
                    ``(B) Standard.--A waiver request with respect to 
                the application of a requirement to a plan, employer, 
                individual, or entity shall be accompanied by a 
                statement that--
                            ``(i) identifies the specific requirement 
                        (or requirements) to be waived; and
                            ``(ii) describes how the imposition of each 
                        specific requirement for which a waiver is 
                        requested on the plan, employer, individual, or 
                        entity would result in a significant decrease 
                        in access to coverage or a significant increase 
                        in premiums or other costs for such plan, 
                        employer, individual, or entity.
                    ``(C) Deemed approval.--A waiver request filed that 
                is accompanied by such a statement shall be deemed to 
                be approved.
                    ``(D) Publication of data.--The applicable 
                authorities shall regularly publish data regarding the 
                waiver requests received for the different 
                requirements.
            ``(2) Treatment of approved waivers.--In the case of 
        approval under the waiver process of a waiver request with 
        respect to a requirement of this title and an entity, 
        notwithstanding any other provision of law, such requirement 
        shall not apply to such entity on and after the date of 
        approval of the request.
            ``(3) Relation to other exemptions and exceptions.--Nothing 
        in this section shall be construed as superceding other 
        provisions of this title insofar as they provide for 
        exceptions, exemptions, or other special treatment with respect 
        to requirements under this title.
    ``(c) Applicable Authority.--In this section, the term `applicable 
authority' means--
            ``(1) except as otherwise provided in this subsection, the 
        Secretary of Health and Human Services;
            ``(2) the Secretary of Labor with respect to the provisions 
        of this title, including amendments made by this title, that 
        are administered by such Secretary; and
            ``(3) the Secretary of the Treasury with respect to the 
        provisions of this title, including amendments made by this 
        title, that are administered by such Secretary, including 
        sections of the Internal Revenue Code of 1986 specified in 
        subsection (a).
    ``(d) References to Requirements Under This Title.--In this 
section, a reference to a requirement under this title include such a 
requirement under an amendment made by this title, including as amended 
by title X of this Act or by the provisions of the Health Care and 
Education Reconciliation Act of 2010 (Public Law 111-152).
    ``(e) Public Awareness Campaign.--Of the amounts available in the 
Prevention and Public Health Fund established under section 4002, 
notwithstanding any other provision of law, $50,000,000 shall be 
available to and expended by the Secretary of Health and Human Services 
to conduct, in coordination with other applicable authorities, a public 
awareness campaign of the waiver process. Amounts made available under 
this subsection shall remain available until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title I the 
following:

                      ``Subtitle G--Waiver Process

``Sec. 1601. Establishment of waiver process.''.