A bill to amend title XXVII of the Public Health Service Act to preserve consumer and employer access to licensed independent insurance producers.

Summary: Access to Independent Health Insurance Advisors Act of 2012 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan.

Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Independent Health 
Insurance Advisors Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Licensed independent insurance producers (agents and 
        brokers) provide a wide range of services for both individual 
        consumers and the business community. Producers interface with 
        insurers, acquire quotes, analyze plan options, and consult 
        clients through the purchase of health insurance.
            (2) Licensed independent insurance producers provide 
        guidance regarding benefit and contribution arrangements to 
        ensure compliance with applicable State and Federal laws and 
        regulations; assist with establishing section 125 plan tax 
        savings under the Internal Revenue Code, health reimbursement 
        arrangements, flexible spending arrangements, evaluating and 
        securing small business tax credits as provided in the Patient 
        Protection and Affordable Care Act, and other programs to 
        maximize tax advantages and ensure compliance with applicable 
        Internal Revenue Service guidelines; create educational 
        materials and provide on-site assistance to aid in employee 
        benefit communication; assist in managing eligibility for new 
        hires and terminated employees; provide advocacy for employees 
        through the health insurance claim process; and advocate for 
        employers with insurers in developing proposals, renewals, and 
        for service issues throughout the year.
            (3) In order to meet these responsibilities, licensed 
        independent insurance producers are required to complete 
        continuing education on an ongoing basis in order to maintain 
        appropriate licenses. This requirement to maintain educational 
        standards helps assure the insured public that producers remain 
        current with the ever-evolving insurance market.
            (4) It is essential that licensed independent insurance 
        producers continue to perform these duties, and others, as the 
        Patient Protection and Affordable Care Act has made significant 
        changes to the regulatory environment for health plans. To 
        understand these changes, employers and consumers will need 
        professional guidance even more in the future. This service is 
        especially important for small businesses, as such producers 
        often fill the role of a human resources department as well as 
        professional consultant.
            (5) The National Association of Insurance Commissioners 
        (NAIC), whose core mission is to protect consumers in all 
        aspects of the business of insurance, strongly advocates for 
        the continuing role of licensed independent insurance producers 
        in health insurance, and has expressed that the ability of 
        insurance agents and brokers to continue assisting health 
        insurance consumers at a time of rapid insurance market changes 
        is more essential than ever. On November 22, 2011, the NAIC 
        adopted a resolution stating that ``Congress should 
        expeditiously consider legislation amending the MLR provisions 
        of the PPACA in order to preserve consumer access to agents and 
        brokers''.
            (6) It is critical that the indispensable role played by 
        licensed independent insurance producers is recognized and 
        protected.

SEC. 3. PROTECTING THE ABILITY OF LICENSED INDEPENDENT INSURANCE 
              PRODUCERS TO CONTINUE TO SERVE THE PUBLIC.

    (a) In General.--Section 2718 of the Public Health Service Act (42 
U.S.C. 300gg-18), as inserted by section 1001 and amended by section 
10101(f) of the Patient Protection and Affordable Care Act (Public Law 
110-148), is amended--
            (1) in subsection (a)(3), by inserting ``, remuneration 
        paid for licensed independent insurance producers,'' after 
        ``State taxes''; and
            (2) in subsection (b)(1)--
                    (A) in the matter preceding clause (i) of 
                subparagraph (A), by inserting ``, remuneration paid 
                for licensed independent insurance producers in the 
                individual and small group market,'' after ``State 
                taxes''; and
                    (B) in subparagraph (B)(i)(II), by inserting ``, 
                remuneration paid for licensed independent insurance 
                producers in the individual and small group market,'' 
                after ``State taxes''; and
            (3) by adding at the end the following:
    ``(f) Independent Insurance Producer Remuneration Definitions.--For 
purposes of this section:
            ``(1) The term `independent insurance producer' means an 
        insurance agent or broker, insurance consultant, benefit 
        specialist, limited insurance representative, and any other 
        person required to be licensed under the laws of the particular 
        State to sell, solicit, negotiate, service, effect, procure, 
        renew or bind policies of insurance coverage or offer advice, 
        counsel, opinions, or services related to insurance.
            ``(2) The term `remuneration' means compensation paid by or 
        accrued from an insurance issuer or health plan for services 
        rendered under contractual agreement which may include fees, 
        commissions, or rebates, but which shall not include production 
        bonuses.''.
    (b) Regulations.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
amend any applicable regulations as necessary to implement the 
amendments made by subsection (a).