I 

113TH CONGRESS 

1ST SESSION H. R. 3450 

To amend the Patient Protection and Affordable Care Act to allow individuals 

to opt out of the minimum required health benefits by permitting health 

insurance issuers to offer qualified health plans that offer alternative 

benefits to the minimum essential health benefits otherwise required, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 12, 2013 

Mrs. ELLMERS 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 allow individuals to opt out of the minimum required 

health benefits by permitting health insurance issuers 

to offer qualified health plans that offer alternative benefits to the minimum essential health benefits otherwise 

required, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Insurance 

3 Freedom Act of 2013’’. 

4 SEC. 2. PERMITTING HEALTH INSURANCE ISSUERS TO 

5 OFFER QUALIFIED HEALTH PLANS WITH AL6 TERNATIVE HEALTH BENEFITS SO INDIVID7 UALS CAN OPT OUT OF MINIMUM ESSENTIAL 

8 HEALTH BENEFITS. 

9 (a) IN GENERAL.—Section 1301 of the Patient Pro10 tection and Affordable Care Act (42 U.S.C. 18021) is 

11 amended— 

12 (1) in subsection (a)(1)(B), by inserting ‘‘sub13 ject to paragraph (3),’’ after ‘‘(B)’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) PERMITTING ALTERNATIVE BENEFITS.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding sub18 section (a)(1)(B) or any other provision of this 

19 Act, a health insurance issuer may offer, both 

20 through an Exchange and outside of an Ex21 change, health insurance coverage that— 

22 ‘‘(i) provides the essential health bene23 fits package described in subsection (a) of 

24 section 1302, other than the minimum 

25 benefits required under subsection (b) of 

26 such section and the level of coverage reVerDate Mar 15 2010 20:13 Nov 13, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3450.IH H3450

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1 quired under subsection (c) of such sec2 tion; and 

3 ‘‘(ii) meets such Federal and State 

4 benefit requirements as otherwise applied 

5 as of October 1, 2013, in the State in 

6 which the coverage is offered. 

7 ‘‘(B) TREATMENT.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in paragraph (2), health insurance 

10 coverage that is offered under paragraph 

11 (1) shall be treated as a qualified health 

12 plan for purposes of this Act (and the 

13 amendments made by this Act), including 

14 constituting minimum essential coverage 

15 for purposes of section 5000A(f)(1) of the 

16 Internal Revenue Code of 1986. 

17 ‘‘(ii) NOT ELIGIBLE FOR SUBSIDIES; 

18 NOT TREATED AS A BRONZE, SILVER, 

19 GOLD, OR PLATINUM PLAN.—Such health 

20 insurance coverage shall not— 

21 ‘‘(I) be treated as a qualified 

22 health plan for purposes of applying 

23 section 36B of the Internal Revenue 

24 Code of 1986 and section 1402 of this 

25 Act; and 


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1 ‘‘(II) be treated as a bronze, sil2 ver, gold, or platinum plan or be 

3 taken into account in applying section 

4 36B(b)(3)(B) of such Code.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall be effective as if included in the enact7 ment of the Patient Protection and Affordable Care Act. 

Æ 


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