I 

113TH CONGRESS 

1ST SESSION H. R. 3358 

To provide for an exemption from the individual mandate under the Patient 

Protection and Affordable Care Act for individuals residing in States 

in which the Exchange Websites are not fully functional, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2013 

Mr. MESSER introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for an exemption from the individual mandate 

under the Patient Protection and Affordable Care Act 

for individuals residing in States in which the Exchange 

Websites are not fully functional, and for other purposes. 

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 ‘‘Fairness for Individ5 uals Using Exchange Websites Act of 2013’’. 


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1 SEC. 2. EXEMPTION FROM ACA INDIVIDUAL MANDATE FOR 

2 INDIVIDUALS RESIDING IN STATES WITH AN 

3 EXCHANGE FOR WHICH THE WEBSITE HAS 

4 NOT RECEIVED A CERTIFICATION OF 

5 FUNCTIONALITY. 

6 (a) HHS CERTIFICATION.—The Inspector General of 

7 the Department of Health and Human Services shall cer8 tify the Website of an Exchange established under title 

9 I of the Patient Protection and Affordable Care Act (Pub10 lic Law 111–148) once such Website is determined, based 

11 on the criteria specified under subsection (b), to be fully 

12 functional for the purpose of enrolling through such Ex13 change in qualified health plans (as defined in section 

14 1301(a) of such Act (42 U.S.C. 18021(a))). 

15 (b) CRITERIA.—Not later than 30 days after the date 

16 of the enactment of this Act, the Comptroller General of 

17 the United States shall specify criteria for determining 

18 whether the Website of an Exchange described in sub19 section (a) is fully functional for the purpose described 

20 in such subsection. 

21 (c) SPECIAL ENROLLMENT PERIOD FOLLOWING

22 DATE OF CERTIFICATION.—Section 1311(c)(6) of the Pa23 tient Protection and Affordable Care Act (42 U.S.C. 

24 18031(c)(6)) is amended— 

25 (1) in subparagraph (C), by striking at the end 

26 ‘‘and’’; 


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1 (2) in subparagraph (D), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(E) in the case of an Exchange for which 

6 the Website is certified under section 2(a) of 

7 the Fairness for Individuals Using Exchange 

8 Websites Act of 2013 after December 31, 2013, 

9 a special enrollment period of at least 3 months 

10 beginning after the date of such certification.’’. 

11 (d) EXEMPTION FROM ACA INDIVIDUAL MAN12 DATE.—Section 5000A(e) of the Internal Revenue Code 

13 of 1986 is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(6) INDIVIDUALS UNABLE TO ENROLL IN A

16 HEALTH PLAN ONLINE.— 

17 ‘‘(A) INDIVIDUALS RESIDING IN STATES

18 WITH UNCERTIFIED EXCHANGE WEBSITES.— 

19 Any applicable individual for any month during 

20 which the individual resides in a State for 

21 which the Exchange Website is not certified 

22 under section 2(a) of the Fairness for Individ23 uals Using Exchange Websites Act of 2013. 

24 ‘‘(B) INDIVIDUALS RESIDING IN STATES

25 WITH EXCHANGE WEBSITES CERTIFIED AFTER


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1 DECEMBER 31, 2013.—In the case of an Ex2 change for a State with respect to which the 

3 Website is certified under section 2(a) of the 

4 Fairness for Individuals Using Exchange 

5 Websites Act of 2013 after December 31, 2013, 

6 any applicable individual for any month— 

7 ‘‘(i) beginning before the last day of 

8 the special enrollment period provided by 

9 such Exchange pursuant to section 

10 1311(c)(6)(E) of the Patient Protection 

11 and Affordable Care Act; and 

12 ‘‘(ii) during which the individual re13 sides in such State.’’. 

14 (e) EFFECTIVE DATE.—The amendments made by— 

15 (1) subsection (c) shall take effect as if included 

16 in the enactment of section 1311 of the Patient Pro17 tection and Affordable Care Act (42 U.S.C. 18031); 

18 and 

19 (2) subsection (d) shall take effect as if in20 cluded in the amendments made by section 1501 of 

21 such Act. 

Æ 


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