I 

113TH CONGRESS 

1ST SESSION H. R. 2328 

To amend title XXVII of the Public Health Service Act to preserve consumer 

and employer access to licensed independent insurance producers. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2013 

Mr. ROGERS of Michigan (for himself, Mr. BARROW of Georgia, Mrs. BLACKBURN, Mr. ROE of Tennessee, Mr. KINZINGER of Illinois, Mr. DUFFY, 

Mr. CLAY, Mr. HARRIS, Mrs. BACHMANN, Mr. DUNCAN of South Carolina, Mr. CASSIDY, Mr. PALAZZO, Mr. CONAWAY, Mr. DENT, Mr. 

WOMACK, Mr. GRIMM, Mr. HUELSKAMP, Mr. ROKITA, Mr. JOYCE, Mr. 

MCKINLEY, Mr. GRIFFITH of Virginia, Mr. BISHOP of Georgia, Mr. BURGESS, Mrs. CAPITO, Mr. GINGREY of Georgia, and Mr. YOUNG of Indiana) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend title XXVII of the Public Health Service Act 

to preserve consumer and employer access to licensed 

independent insurance producers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Professional 

5 Health Insurance Advisors Act of 2013’’. 

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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Licensed independent insurance producers 

4 (agents and brokers) provide a wide range of serv5 ices for both individual consumers and the business 

6 community. Producers interface with insurers, ac7 quire quotes, analyze plan options, and consult cli8 ents through the purchase of health insurance. 

9 (2) Licensed independent insurance producers 

10 provide guidance regarding benefit and contribution 

11 arrangements to ensure compliance with applicable 

12 State and Federal laws and regulations; assist with 

13 establishing section 125 plan tax savings under the 

14 Internal Revenue Code, health reimbursement ar15 rangements, flexible spending arrangements, and 

16 other programs to maximize tax advantages and en17 sure compliance with applicable Internal Revenue 

18 Service guidelines; create educational materials and 

19 provide on-site assistance to aid in employee benefit 

20 communication; assist in managing eligibility for 

21 new hires and terminated employees; provide advo22 cacy for employees through the health insurance 

23 claim process; and advocate for employers with in24 surers in developing proposals, renewals, and for 

25 service issues throughout the year. 

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1 (3) In order to meet these responsibilities, li2 censed independent insurance producers are required 

3 to complete continuing education on an ongoing 

4 basis in order to maintain appropriate licenses. This 

5 requirement to maintain educational standards helps 

6 assure the insured public that producers remain cur7 rent with the ever-evolving insurance market. 

8 (4) It is essential that licensed independent in9 surance producers continue to perform these duties, 

10 and others, as the Patient Protection and Affordable 

11 Care Act has made significant changes to the regu12 latory environment for health plans. To understand 

13 these changes, employers and consumers will need 

14 professional guidance even more in the future. This 

15 service is especially important for small businesses, 

16 as such producers often fill the role of a human re17 sources department as well as professional consult18 ant. 

19 (5) The National Association of Insurance 

20 Commissioners—whose core mission is to protect 

21 consumers in all aspects of the business of insur22 ance—strongly advocates for the continuing role of 

23 licensed independent insurance producers in health 

24 insurance, and has expressed that the ability of in25 surance agents and brokers to continue assisting 

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1 health insurance consumers at a time of rapid insur2 ance market changes is more essential than ever. 

3 (6) It is critical that the indispensable role 

4 played by licensed independent insurance producers 

5 is recognized and protected. 

6 SEC. 3. PROTECTING THE ABILITY OF LICENSED INDE7 PENDENT INSURANCE PRODUCERS TO CON8 TINUE TO SERVE THE PUBLIC. 

9 (a) IN GENERAL.—Section 2718 of the Public Health 

10 Service Act (42 U.S.C. 300gg et seq.), as inserted by sec11 tion 1001 and amended by section 10101(f) of the Patient 

12 Protection and Affordable Care Act, is amended— 

13 (1) in subsection (a)(3), by inserting ‘‘, remu14 neration paid for licensed independent insurance 

15 producers,’’ after ‘‘State taxes’’; 

16 (2) in subsection (b)(1)(A)— 

17 (A) in the matter preceding clause (i), by 

18 inserting ‘‘, remuneration paid for licensed 

19 independent insurance producers,’’ after ‘‘State 

20 taxes’’; and 

21 (B) in clause (ii), by inserting ‘‘or small 

22 group market’’ before ‘‘in such State’’; 

23 (3) in subsection (b)(1)(B), by inserting ‘‘, re24 muneration paid for licensed independent insurance 

25 producers,’’ after ‘‘State taxes’’; 

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1 (4) in subsection (d), by inserting ‘‘or small 

2 group market’’ after ‘‘individual market’’; and 

3 (5) by adding at the end the following new sub4 section: 

5 ‘‘(f) INDEPENDENT INSURANCE PRODUCER REMU6 NERATION DEFINITIONS.—For purposes of this section: 

7 ‘‘(1) The term ‘independent insurance producer’ 

8 means an insurance agent or broker, insurance con9 sultant, benefit specialist, limited insurance rep10 resentative, and any other person required to be li11 censed under the laws of the particular State to sell, 

12 solicit, negotiate, service, effect, procure, renew or 

13 bind policies of insurance coverage or offer advice, 

14 counsel, opinions, or services related to insurance. 

15 ‘‘(2) The term ‘remuneration’ means compensa16 tion earned from an insurance issuer for services 

17 rendered under contractual agreement which may in18 clude commissions or any other thing of value but 

19 which shall not include production bonuses.’’. 

20 (b) REGULATIONS.—Not later than 60 days after the 

21 date of the enactment of this Act, the Secretary of Health 

22 and Human Services, in coordination with the National 

23 Association of Insurance Commissioners, shall amend any 

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1 applicable regulations so as to take the amendments made 

2 by subsection (a) into account. 

Æ 

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