II 

112TH CONGRESS 

2D SESSION S. 2288 

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

and employer access to licensed independent insurance producers. 

IN THE SENATE OF THE UNITED STATES 

APRIL 17, 2012 

Ms. LANDRIEU (for herself, Mr. ISAKSON, Mr. NELSON of Nebraska, and Ms. 

MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

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 Independent 

5 Health Insurance Advisors Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Licensed independent insurance producers 

9 (agents and brokers) provide a wide range of servVerDate Mar 15 2010 20:16 Apr 18, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2288.IS S2288

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1 ices for both individual consumers and the business 

2 community. Producers interface with insurers, ac3 quire quotes, analyze plan options, and consult cli4 ents through the purchase of health insurance. 

5 (2) Licensed independent insurance producers 

6 provide guidance regarding benefit and contribution 

7 arrangements to ensure compliance with applicable 

8 State and Federal laws and regulations; assist with 

9 establishing section 125 plan tax savings under the 

10 Internal Revenue Code, health reimbursement ar11 rangements, flexible spending arrangements, evalu12 ating and securing small business tax credits as pro13 vided in the Patient Protection and Affordable Care 

14 Act, and other programs to maximize tax advantages 

15 and ensure compliance with applicable Internal Rev16 enue Service guidelines; create educational materials 

17 and provide on-site assistance to aid in employee 

18 benefit communication; assist in managing eligibility 

19 for new hires and terminated employees; provide ad20 vocacy for employees through the health insurance 

21 claim process; and advocate for employers with in22 surers in developing proposals, renewals, and for 

23 service issues throughout the year. 

24 (3) In order to meet these responsibilities, li25 censed independent insurance producers are required 


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1 to complete continuing education on an ongoing 

2 basis in order to maintain appropriate licenses. This 

3 requirement to maintain educational standards helps 

4 assure the insured public that producers remain cur5 rent with the ever-evolving insurance market. 

6 (4) It is essential that licensed independent in7 surance producers continue to perform these duties, 

8 and others, as the Patient Protection and Affordable 

9 Care Act has made significant changes to the regu10 latory environment for health plans. To understand 

11 these changes, employers and consumers will need 

12 professional guidance even more in the future. This 

13 service is especially important for small businesses, 

14 as such producers often fill the role of a human re15 sources department as well as professional consult16 ant. 

17 (5) The National Association of Insurance 

18 Commissioners (NAIC), whose core mission is to 

19 protect consumers in all aspects of the business of 

20 insurance, strongly advocates for the continuing role 

21 of licensed independent insurance producers in 

22 health insurance, and has expressed that the ability 

23 of insurance agents and brokers to continue assist24 ing health insurance consumers at a time of rapid 

25 insurance market changes is more essential than 


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1 ever. On November 22, 2011, the NAIC adopted a 

2 resolution stating that ‘‘Congress should expedi3 tiously consider legislation amending the MLR provi4 sions of the PPACA in order to preserve consumer 

5 access to agents and brokers’’. 

6 (6) It is critical that the indispensable role 

7 played by licensed independent insurance producers 

8 is recognized and protected. 

9 SEC. 3. PROTECTING THE ABILITY OF LICENSED INDE10 PENDENT INSURANCE PRODUCERS TO CON11 TINUE TO SERVE THE PUBLIC. 

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

13 Service Act (42 U.S.C. 300gg–18), as inserted by section 

14 1001 and amended by section 10101(f) of the Patient Pro15 tection and Affordable Care Act (Public Law 110–148), 

16 is amended— 

17 (1) in subsection (a)(3), by inserting ‘‘, remu18 neration paid for licensed independent insurance 

19 producers,’’ after ‘‘State taxes’’; and 

20 (2) in subsection (b)(1)— 

21 (A) in the matter preceding clause (i) of 

22 subparagraph (A), by inserting ‘‘, remuneration 

23 paid for licensed independent insurance pro24 ducers in the individual and small group mar25 ket,’’ after ‘‘State taxes’’; and 


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1 (B) in subparagraph (B)(i)(II), by insert2 ing ‘‘, remuneration paid for licensed inde3 pendent insurance producers in the individual 

4 and small group market,’’ after ‘‘State taxes’’; 

5 and 

6 (3) by adding at the end the following: 

7 ‘‘(f) INDEPENDENT INSURANCE PRODUCER REMU8 NERATION DEFINITIONS.—For purposes of this section: 

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

10 means an insurance agent or broker, insurance con11 sultant, benefit specialist, limited insurance rep12 resentative, and any other person required to be li13 censed under the laws of the particular State to sell, 

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

15 bind policies of insurance coverage or offer advice, 

16 counsel, opinions, or services related to insurance. 

17 ‘‘(2) The term ‘remuneration’ means compensa18 tion earned from an insurance issuer for services 

19 rendered under contractual agreement which may in20 clude commissions or any other thing of value but 

21 which shall not include production bonuses.’’. 

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

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

24 and Human Services shall amend any applicable regulaVerDate Mar 15 2010 20:16 Apr 18, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2288.IS S2288

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1 tions as necessary to implement the amendments made by 

2 subsection (a). 

Æ 


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