II 

112TH CONGRESS 

1ST SESSION S. 1395 

To ensure that all Americans have access to waivers from the Patient 

Protection and Affordable Care Act. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2011 

Mr. BARRASSO (for himself, Mr. ALEXANDER, Mr. KYL, Mr. WICKER, Mr. 

ROBERTS, Mr. INHOFE, Mrs. HUTCHISON, Mr. CORNYN, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To ensure that all Americans have access to waivers from 

the Patient Protection and Affordable Care Act. 

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 ‘‘WAIVE Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) As of July 15, 2011, the Department of 

8 Health and Human Services has approved 1,471 

9 one-year waivers giving some Americans temporary 


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1 relief from onerous annual benefit limit mandates in2 cluded in the health care laws President Obama 

3 signed on March 23, 2010, and March 30, 2010 

4 (Public Laws 111–148 and 111–152). 

5 (2) As of July 15, 2011, these 1,471 one-year 

6 annual benefit limit waivers cover 3,200,000 Ameri7 cans. 

8 (3) Of the 3,200,000 Americans granted a one9 year annual benefit limit waiver by the Department 

10 of Health and Human Services, approximately half 

11 (1,619,960) are union members. 

12 (4) On June 14, 2011, the Government Ac13 countability Office released a report titled ‘‘Private 

14 Health Insurance: Waivers of Restrictions on Annual 

15 Limits on Health Benefits’’. 

16 (5) The Government Accountability Office re17 port proves millions of Americans had to seek waiv18 ers from the health care law’s annual benefit limit 

19 mandate in order to avoid double-digit health insur20 ance premium increases. 

21 (6) The Government Accountability Office re22 port indicates the Department of Health and 

23 Human Services granted annual benefit limit waiv24 ers to unions, employers, and insurers whose appliVerDate Mar 15 2010 00:56 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1395.IS S1395

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1 cations projected significant premium increases of at 

2 least 10 percent or more. 

3 (7) The Government Accountability Office re4 port, and additional academic literature, shows that 

5 the Department of Health and Human Services was 

6 forced to grant special annual benefit limit waivers 

7 because certain employers, unions, insurers, and oth8 ers cannot comply with the health care law’s new 

9 coverage mandates and continue offering health in10 surance to their employees. 

11 (8) The Government Accountability Office data 

12 concludes premiums are going up as a direct result 

13 of the health care law, threatening private insurance 

14 coverage options and violate the promise that ‘‘you 

15 can keep what you have today, if you like it’’. 

16 (9) Independent analysis by the non-partisan 

17 Congressional Budget Office confirms that pre18 miums will increase by $2,100 per year for families 

19 buying insurance on their own, while Administration 

20 officials repeatedly promised the American people 

21 their costs would go down by $2,500 per year. 

22 (10) On June 17, 2011, the Department of 

23 Health and Human Services announced plans to ter24 minate its arbitrary annual benefit limit waiver polVerDate Mar 15 2010 00:56 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1395.IS S1395

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1 icy. Administration officials will stop taking waiver 

2 applications on September 22, 2011. 

3 (11) While the Executive Branch did send mil4 lions of postcards advertising the health care law’s 

5 small business tax credit, it remains unclear if simi6 lar efforts are currently underway to inform small 

7 business owners about the new annual benefit limit 

8 waiver process and program termination. 

9 (12) Any new business starting up after Sep10 tember 22, 2011, will not have an opportunity to re11 quest and secure an annual benefit limit waiver from 

12 the Department of Health and Human Services. 

13 Without a waiver, these employers may not be able 

14 to afford to offer any health insurance coverage to 

15 their employees at all. 

16 SEC. 3. INDIVIDUAL PPACA WAIVERS. 

17 (a) IN GENERAL.—An individual may apply for a 

18 waiver from one or more of the requirements of the Pa19 tient Protection and Affordable Care Act (or an amend20 ment made by that Act or a regulation promulgated under 

21 that Act or amendment) by submitting an application to 

22 the Secretary of Health and Human Services (referred to 

23 in this Act as the ‘‘Secretary’’). 

24 (b) REQUIREMENTS.—An application submitted 

25 under subsection (a) shall include the following: 


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1 (1) The provision or provisions of the Patient 

2 Protection and Affordable Care Act (or an amend3 ment made by that Act or a regulation promulgated 

4 under that Act or amendment) for which the waiver 

5 is being sought. 

6 (2) A brief description of why compliance with 

7 the provision or provisions involved would result in— 

8 (A) a decrease in access to benefits that 

9 are currently covered by a plan or policy in 

10 which the individual is enrolled; or 

11 (B) an increase in premiums to be paid by 

12 the individual for such coverage. 

13 (c) COMPLETION OF PROCESS.—The Secretary shall 

14 issue waivers within 30 days of the receipt of such applica15 tion. 

16 (d) GUIDANCE.—The Secretary shall issue guidance 

17 to individuals in how they can apply for and be granted 

18 a waiver under this section. 

Æ 


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