II 

113TH CONGRESS 

1ST SESSION S. 1642 

To permit the continuation of certain health plans. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2013 

Ms. LANDRIEU (for herself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To permit the continuation of certain health plans. 

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 ‘‘Keeping the Affordable 

5 Care Act Promise Act’’. 

6 SEC. 2. CONTINUATION OF GRANDFATHERED HEALTH 

7 PLANS. 

8 Notwithstanding any other provision of law, an indi9 vidual may elect to continue enrollment under the health 

10 insurance coverage (offered in the individual market) in 

11 which such individual was enrolled on December 31, 2013, 

12 if such individual meets such other eligibility requirements 


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•S 1642 IS

1 (such as payment of premiums) as are applied with respect 

2 to such coverage, unless such issuer cancels all coverage 

3 offered in such market and ceases operations as a health 

4 insurance issuer. Any such coverage shall be deemed to 

5 be a grandfathered health plan for purposes of the Patient 

6 Protection and Affordable Care Act (or an amendment 

7 made by that Act). Coverage to which this section applies 

8 shall be deemed to be minimum essential coverage for pur9 poses of section 5000A of the Internal Revenue Code of 

10 1986. 

11 SEC. 3. TRANSPARENCY OF GRANDFATHERED HEALTH 

12 PLAN NOTIFICATIONS. 

13 Part 2 of subtitle C of title I of the Patient Protection 

14 and Affordable Care Act (42 U.S.C. 18011 et seq.) is 

15 amended by inserting after section 1251 the following: 

16 ‘‘SEC. 1251A. TRANSPARENCY OF GRANDFATHERED 

17 HEALTH PLAN NOTIFICATIONS. 

18 ‘‘(a) IN GENERAL.—A health insurance issuer that 

19 offers health insurance coverage in the individual market 

20 shall annually, at the time of enrollment and renewal, pro21 vide enrollees with a notice that states— 

22 ‘‘(1) if applicable, the reasons that such cov23 erage does not meet the requirements under this Act 

24 (or amendment made by this Act) for a qualified 


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1 health plan, including citations to the provisions of 

2 this Act involved; 

3 ‘‘(2) that the enrollee has the right to continue 

4 to enroll in such coverage; and 

5 ‘‘(3) that the enrollee has the right to enroll in 

6 a qualified health plan offered through an Exchange 

7 and instruction on how to access such Exchange. 

8 ‘‘(b) CANCELLATION NOTICES.—A notification pro9 vided by a health insurance issuer, that offers health in10 surance coverage in the individual market, to an enrollee 

11 stating that such coverage is cancelled for such enrollee 

12 shall contain a statement of the reasons for such cancella13 tion, including a reference to any provision of this Act (or 

14 an amendment made by this Act) that such issuer relied 

15 upon in making the determination to cancel such coverage. 

16 ‘‘(c) APPLICATION.—Subsection (b) shall apply be17 ginning on the date of enactment of this section, except 

18 that with respect to a health plan that has provided a noti19 fication of cancellation prior to such date that has not yet 

20 taken effect, an enrollee may elect to continue such cov21 erage under such plan if the issuer continues to offer such 

22 plan as provided for in section 2 of the Keeping the Af23 fordable Care Act Promise Act and the issuer shall provide 

24 a subsequent notification to the enrollee that states— 


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1 ‘‘(1) that such plan will remain in effect at the 

2 option of the enrollee; and 

3 ‘‘(2) the reasons that such plan does not other4 wise meet the requirements under this Act for a 

5 qualified health plan.’’. 

Æ 


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