II 

113TH CONGRESS 

1ST SESSION S. 1327 

To make enrollment in health benefits plans under the Federal Employee 

Health Benefits Program available to employees of qualified employers 

when fewer than 2 qualified health plans are offered through the Small 

Business Health Options Program. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2013 

Mr. BEGICH (for himself and Ms. LANDRIEU) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To make enrollment in health benefits plans under the Federal Employee Health Benefits Program available to employees of qualified employers when fewer than 2 qualified health plans are offered through the Small Business 

Health Options Program. 

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 ‘‘Healthy Competition 

5 for Small Business Act’’. 


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•S 1327 IS

1 SEC. 2. SHOP EXCHANGES. 

2 Section 1311(d) of the Patient Protection and Af3 fordable Care Act (42 U.S.C. 18031(d)) is amended by 

4 adding at the end the following: 

5 ‘‘(8) RULES RELATING TO SHOP EXCHANGES.— 

6 ‘‘(A) IN GENERAL.—In the case of a 

7 SHOP Exchange in a State through which 

8 fewer than 2 qualified health plans at each level 

9 of coverage described in section 1302(d)(1) are 

10 available and no multi-State Qualified health 

11 plan is available, qualified employers in the 

12 State may make available to employees enroll13 ment in a health benefits plan under the Fed14 eral Employees Health Benefits Program, in ac15 cordance with subparagraph (B). Enrollment in 

16 such a health benefits plan shall be offered in 

17 the same manner that enrollment in other 

18 qualified health plans offered through the 

19 SHOP Exchange is offered. 

20 ‘‘(B) FEHBP PROCESS.— 

21 ‘‘(i) IN GENERAL.—Notwithstanding 

22 the provisions of title 5, United States 

23 Code, any Executive order, or any adminis24 trative regulation, and subject to this para25 graph, a qualified employer in a State de26 scribed in subparagraph (A) shall be entiVerDate Mar 15 2010 03:06 Jul 20, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1327.IS S1327

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•S 1327 IS

1 tled to purchase coverage, rights, and ben2 efits for the employees of the qualified em3 ployer under chapter 89 of such title if 

4 necessary employee deductions and agency 

5 contributions in payment for the coverage, 

6 rights, and benefits for the period of em7 ployment with the qualified employer are 

8 currently deposited in the Employees 

9 Health Benefits Fund established under 

10 section 8909 of such title. 

11 ‘‘(ii) SEPARATE RISK POOL.—Individ12 uals covered under a health benefits plan 

13 under the Federal Employees Health Ben14 efits Program under clause (i) shall be in 

15 a risk pool that is separate from the risk 

16 pool for individuals otherwise covered 

17 under a health benefits plan under the 

18 Federal Employees Health Benefits Pro19 gram. 

20 ‘‘(C) TERMINATION OF OPTION.— 

21 ‘‘(i) IN GENERAL.—The Federal Em22 ployees Health Benefits Program enroll23 ment option made available through a 

24 SHOP Exchange, as described in subpara25 graph (A), shall be terminated if— 


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•S 1327 IS

1 ‘‘(I) 2 or more qualified health 

2 plans at each level of coverage become 

3 available through the SHOP Ex4 change; or 

5 ‘‘(II) 1 or more multi-State 

6 qualified health plans become avail7 able through the SHOP Exchange. 

8 ‘‘(ii) EXPIRATION OF COVERAGE.—If 

9 the Federal Employees Health Benefits 

10 Program enrollment option is terminated, 

11 as described in clause (i), an employee of 

12 a qualified employer that is enrolled in a 

13 health benefits plan under the Federal 

14 Employees Health Benefits Program shall 

15 retain coverage under such health benefits 

16 plan until the end of the contract year. 

17 ‘‘(D) QUALIFICATION.—For purposes of 

18 subparagraphs (A) and (C)(i)(I), a SHOP Ex19 change shall be deemed to have 2 or more 

20 qualified health plans at each level of coverage 

21 only if such qualified health plans at each level 

22 of coverage described in section 1302(d)(1) are 

23 offered by more than 1 issuer.’’. 

Æ 


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