IIB 

113TH CONGRESS 

2D SESSION H. R. 3362 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2014 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend the Patient Protection and Affordable Care Act 

to require transparency in the operation of American 

Health Benefit Exchanges. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Exchange Information 

3 Disclosure Act’’. 

4 SEC. 2. WEEKLY REPORTS ON HEALTH BENEFIT EX5 CHANGES. 

6 Section 1311(c)(5) of the Patient Protection and Af7 fordable Care Act (42 U.S.C. 18031(c)(5)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (B), by striking the period 

11 and inserting a semicolon; and 

12 (3) by inserting after subparagraph (B) the fol13 lowing: 

14 ‘‘(C) not later than the first Monday after 

15 the date of enactment of this subparagraph, 

16 and each Monday thereafter through March 30, 

17 2015 (or the next business day when Monday 

18 occurs on a Federal holiday), in coordination 

19 with the Secretary of the Treasury and the Sec20 retary of Labor, submit to Congress and make 

21 available to State governors, State insurance 

22 commissioners, and the public, a report con23 cerning consumer interactions with the Internet 

24 website maintained by the Federal Government 

25 for health insurance coverage (healthcare.gov or 

26 any subsequent Internet site (or sites) that is 


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1 established in whole or in part by the Federal 

2 Government to facilitate enrollment in qualified 

3 health plans, the receipt of advance premium 

4 tax credits or cost sharing reduction assistance, 

5 or comparisons of available qualified health 

6 plans) and any efforts undertaken to remedy 

7 problems that impact taxpayers and consumers, 

8 such report to include— 

9 ‘‘(i) a State-by-State break down of— 

10 ‘‘(I) the number of unique 

11 website visits; 

12 ‘‘(II) the number of web chat 

13 logins; 

14 ‘‘(III) the number of individuals 

15 who create an account; 

16 ‘‘(IV) the number of individuals 

17 who have selected a qualified health 

18 plan; 

19 ‘‘(V) the number of individuals 

20 who enrolled in Medicaid, and, of such 

21 number, the number who became eli22 gible to enroll because of changes in 

23 eligibility effected under this Act and 

24 the number who otherwise were eligi25 ble to enroll; 


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1 ‘‘(VI) the number of individuals 

2 who have effectuated enrollment in a 

3 qualified health plan through payment 

4 of the first monthly premium; 

5 ‘‘(VII) the age of individuals who 

6 have effectuated enrollment in a quali7 fied health plan through payment of 

8 the first monthly premium; 

9 ‘‘(VIII) the number of enrollees 

10 in each zip code; and 

11 ‘‘(IX) the level of coverage ob12 tained; 

13 ‘‘(ii) a detailed description of the 

14 problems identified with website 

15 functionality, the actions that have been 

16 taken to resolve those problems, the iden17 tity of the contractors that are involved in 

18 such actions, the cost of such actions, how 

19 such actions are being paid for, and the 

20 names of the Federal officials responsible 

21 for overseeing the process; and 

22 ‘‘(iii) a description of the separate 

23 problems with the website, including prob24 lems relating to— 

25 ‘‘(I) logging into the website; 


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1 ‘‘(II) enrolling in coverage; 

2 ‘‘(III) transferring to the State 

3 Medicaid programs; 

4 ‘‘(IV) the calculation of advance 

5 premium tax credits or cost sharing 

6 reductions; 

7 ‘‘(V) eligibility for qualified 

8 health plans, advance premium tax 

9 credits, cost sharing reductions, Med10 icaid, or the Children’s Health Insur11 ance Program; 

12 ‘‘(VI) income or identity 

13 verification; 

14 ‘‘(VII) the transfer of informa15 tion to health insurance issuers; and 

16 ‘‘(VIII) consumer privacy and 

17 data security; and 

18 ‘‘(D) not later than the first Monday after 

19 the date of enactment of this subparagraph, 

20 and each Monday thereafter through March 30, 

21 2015 (or the next business day when Monday 

22 occurs on a Federal holiday), in coordination 

23 with the Secretary of the Treasury and the Sec24 retary of Labor, submit to Congress and make 

25 available to State governors, State insurance 


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1 commissioners, and the public, a report con2 cerning the Federally operated customer service 

3 call center, including the number of calls re4 ceived by the call center, the Internet website or 

5 enrollment problems identified by users, how 

6 many calls are referred to the Centers for Con7 sumer Information and Insurance Oversight, 

8 how many calls are referred to State insurance 

9 commissioners, and how many callers enrolled 

10 in a qualified health plan through the call cen11 ter.’’. 

12 SEC. 3. DISCLOSURE OF NAVIGATOR AND CERTIFIED AP13 PLICATION COUNSELOR GRANTEES. 

14 Section 1311(i) of the Patient Protection and Afford15 able Care Act (42 U.S.C. 18031(i)) is amended by adding 

16 at the end the following: 

17 ‘‘(7) PUBLIC AVAILABILITY OF LIST OF NAVIGA18 TORS.—Not later than 5 days after the date of en19 actment of the Exchange Information Disclosure 

20 Act, the Secretary shall make available to Congress, 

21 State attorneys general, State insurance commis22 sioners, and the public a list of all navigators and 

23 certified application counselors that have been 

24 trained and certified by Exchanges, including con25 tact information for all navigator entities and their 


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1 partner organizations, including subcontractors. 

2 Such list shall be updated by the Secretary on a 

3 weekly basis through March 31, 2015.’’. 

4 SEC. 4. DISCLOSURE OF CERTIFIED AGENTS AND BROKERS. 

5 Section 1312(e) of the Patient Protection and Afford6 able Care Act (42 U.S.C. 18032(e)) is amended by adding 

7 at the end the following flush sentence: ‘‘Not later than 

8 5 days after the date of the enactment of the Exchange 

9 Information Disclosure Act, the Secretary shall make 

10 available on the Internet website maintained by the Fed11 eral Government for health insurance coverage 

12 (healthcare.gov or any subsequent Internet site (or sites) 

13 that is established in whole or in part by the Federal Gov14 ernment to facilitate enrollment in qualified health plans, 

15 the receipt of tax credits or cost sharing reduction assist16 ance, or comparisons of available qualified health plans) 

17 a list of all agents and brokers who have been trained and 

18 certified by the Federal Exchange, including their name, 

19 business address (if available), and phone number. Such 


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1 list shall be updated on a weekly basis through March 31, 

2 2015.’’. 

Passed the House of Representatives January 16, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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