I 

113TH CONGRESS 

1ST SESSION H. R. 3362 

To amend the Patient Protection and Affordable Care Act to require 

transparency in the operation of American Health Benefit Exchanges. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2013 

Mr. TERRY (for himself and Mr. CASSIDY) 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Disclosure Act’’. 


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1 SEC. 2. WEEKLY REPORTS ON HEALTH BENEFIT EX2 CHANGES. 

3 Section 1311(c)(5) of the Patient Protection and Af4 fordable Care Act (42 U.S.C. 18031(c)(5)) is amended— 

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

6 the end; 

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

8 and inserting a semicolon; and 

9 (3) by inserting after subparagraph (B) the fol10 lowing: 

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

12 the date of enactment of this subparagraph, 

13 and each Monday thereafter through March 31, 

14 2015 (or the next business day when Monday 

15 occurs on a Federal holiday), in coordination 

16 with the with Secretary of the Treasury and the 

17 Secretary of Labor, submit to Congress and 

18 make available to State governors, State insur19 ance commissioners, and the public, a report 

20 concerning consumer interactions with the 

21 Internet website maintained by the Federal 

22 Government for health insurance coverage 

23 (healthcare.gov or any subsequent Internet site 

24 (or sites) that is established in whole or in part 

25 by the Federal Government to facilitate enroll26 ment in qualified health plans, the receipt of 


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1 advance premium tax credits or cost sharing re2 duction assistance, or comparisons of available 

3 qualified health plans) and any efforts under4 taken to remedy problems that impact tax5 payers and consumers, such report to include— 

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

7 ‘‘(I) the number of unique 

8 website visits; 

9 ‘‘(II) the number of web chat 

10 logins; 

11 ‘‘(III) the number of individuals 

12 who create an account; 

13 ‘‘(IV) the number of individuals 

14 who enrolled in a qualified health plan 

15 or Medicaid; 

16 ‘‘(V) the number of enrollees in 

17 each zip code; and 

18 ‘‘(VI) the level of coverage ob19 tained; 

20 ‘‘(ii) a detailed description of the 

21 problems identified with website 

22 functionality, the actions that have been 

23 taken to resolve those problems, the iden24 tity of the contractors that are involved in 

25 such actions, the cost of such actions, how 


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1 such actions are being paid for, and the 

2 names of the Federal officials responsible 

3 for overseeing the process; and 

4 ‘‘(iii) a description of the separate 

5 problems with the website, including prob6 lems relating to— 

7 ‘‘(I) logging into the website; 

8 ‘‘(II) enrolling in coverage; 

9 ‘‘(III) transferring to the State 

10 Medicaid programs; 

11 ‘‘(IV) the calculation of advance 

12 premium tax credits or cost sharing 

13 reductions; 

14 ‘‘(V) eligibility for qualified 

15 health plans, advance premium tax 

16 credits, cost sharing reductions, Med17 icaid, or the Children’s Health Insur18 ance Program; 

19 ‘‘(VI) income or identity 

20 verification; 

21 ‘‘(VII) the transfer of informa22 tion to health insurance issuers; and 

23 ‘‘(VIII) consumer privacy and 

24 data security; and 


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

2 the date of enactment of this Act, and each 

3 Monday thereafter through March 31, 2015 (or 

4 the next business day when Monday occurs on 

5 a Federal holiday), in coordination with the 

6 with Secretary of the Treasury and the Sec7 retary of Labor, submit to Congress and make 

8 available to State governors, State insurance 

9 commissioners, and the public, a report con10 cerning the Federally operated customer service 

11 call center, including the number of calls re12 ceived by the call center, the Internet website or 

13 enrollment problems identified by users, how 

14 many calls are referred to the Centers for Con15 sumer Information and Insurance Oversight, 

16 how many calls are referred to State insurance 

17 commissioners, and how many callers enrolled 

18 in a qualified health plan through the call cen19 ter.’’. 

20 SEC. 3. DISCLOSURE OF NAVIGATOR AND CERTIFIED AP21 PLICATION COUNSELOR GRANTEES. 

22 Section 1311(i) of the Patient Protection and Afford23 able Care Act (42 U.S.C. 18031(i)) is amended by adding 

24 at the end the following: 


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1 ‘‘(7) PUBLIC AVAILABILITY OF LIST OF NAVIGA2 TORS.—Not later than 5 days after the date of en3 actment of the Exchange Information Disclosure 

4 Act, the Secretary shall make available to Congress, 

5 State attorneys general, State insurance commis6 sioners, and the public a list of all navigators and 

7 certified application counselors that have been 

8 trained and certified by Exchanges, including con9 tact information for all navigator entities and their 

10 partner organizations, including subcontractors. 

11 Such list shall be updated by the Secretary on a 

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

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

14 Section 1312(e) of the Patient Protection and Afford15 able Care Act (42 U.S.C. 18032(e)) is amended by adding 

16 at the end the following flush sentence: ‘‘Not later that 

17 5 days after the date of the enactment of the Exchange 

18 Information Disclosure Act, the Secretary shall make 

19 available on the Internet website maintained by the Fed20 eral Government for health insurance coverage 

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

22 that is established in whole or in part by the Federal Gov23 ernment to facilitate enrollment in qualified health plans, 

24 the receipt of tax credits or cost sharing reduction assist25 ance, or comparisons of available qualified health plans) 


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

2 certified by the Federal Exchange, including their name, 

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

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

5 2015.’’. 

Æ 


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