I 

113TH CONGRESS 

1ST SESSION H. R. 3429 

To protect personal and financial information by requiring certain certifications by entities awarded funds under the Patient Protection and 

Affordable Care Act for the operation of a Navigator program or certain 

other Exchange activities. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Mrs. MCMORRIS RODGERS (for herself and Mr. LANKFORD) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To protect personal and financial information by requiring 

certain certifications by entities awarded funds under 

the Patient Protection and Affordable Care Act for the 

operation of a Navigator program or certain other Exchange activities. 

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. PROTECTING PERSONAL AND FINANCIAL IN2 FORMATION BY REQUIRING CERTAIN CER3 TIFICATIONS BY ENTITIES AWARDED ACA 

4 FUNDS FOR THE OPERATION OF A NAVI5 GATOR PROGRAM OR CERTAIN OTHER EX6 CHANGE ACTIVITIES. 

7 (a) IN GENERAL.—The Secretary of Health and 

8 Human Services (in this section referred to as the ‘‘Sec9 retary’’) shall require that in the case of an entity des10 ignated by or awarded funds by an Exchange or the Sec11 retary for the operation of a Navigator program under 

12 subsection (i) of section 1311 of the Patient Protection 

13 and Affordable Care Act (42 U.S.C. 18031) or for car14 rying out activities to facilitate enrollment in qualified 

15 health plans or to advocate for enrolling certain popu16 lations in qualified health plans, such entity shall certify 

17 to the Secretary (and periodically recertify during the pe18 riod of such designation or award) the following: 

19 (1) The entity has in place appropriate policies 

20 and safeguards to protect any personally identifiable 

21 information and financial information collected or 

22 used by such entity with respect to the operation of 

23 such program or with respect to carrying out such 

24 activities, as applicable. 

25 (2) The entity has in place appropriate policies 

26 prohibiting the employment by such entity, with reVerDate Mar 15 2010 03:01 Nov 07, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3429.IH H3429

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1 spect to the operation of such program or with re2 spect to carrying out such activities, as applicable, of 

3 any individual who has been convicted of— 

4 (A) an offense under section 1028 or 

5 1028A of title 18, United States Code, or any 

6 similar crime pertaining to identity theft under 

7 the laws of a State; or 

8 (B) a criminal felony involving dishonesty 

9 or a breach of trust described in section 

10 1033(e) of title 18, United States Code, or any 

11 similar criminal felony pertaining to dishonesty 

12 or a breach of trust under the laws of a State. 

13 (b) ENFORCEMENT.—If the Secretary determines, 

14 after notice and opportunity to appeal, that an entity de15 scribed in subsection (a) is in violation of paragraph (1) 

16 or (2) of such subsection, the Secretary shall disqualify 

17 the entity from eligibility for any designation described in 

18 such subsection and from receipt of any funds awarded, 

19 after the date of such determination, under section 1311 

20 of the Patient Protection and Affordable Care Act (42 

21 U.S.C. 18031) for a purpose described in such subsection. 

22 (c) CERTIFICATION TO CONGRESS.—The Secretary 

23 shall annually certify to Congress that all entities receiving 

24 a designation described in subsection (a) or awarded funds 

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1 able Care Act (42 U.S.C. 18031) for the year involved 

2 for a purpose described in such subsection are in compli3 ance with paragraphs (1) and (2) of such subsection. 

4 (d) EFFECTIVE DATE.—The provisions of this sec5 tion shall apply to designations made and funds awarded 

6 before, on, or after the date of the enactment of this Act. 

Æ 


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