II 

112TH CONGRESS 

1ST SESSION S. 650 

To require greater transparency concerning the criteria used to grant waivers 

to the job-killing health care law and to ensure that applications for 

such waivers are treated in a fair and consistent manner, irrespective 

of the applicant’s political contributions or association with a labor union, 

a health plan provided for under a collective bargaining agreement, 

or another organized labor group. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Mr. ENSIGN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To require greater transparency concerning the criteria used 

to grant waivers to the job-killing health care law and 

to ensure that applications for such waivers are treated 

in a fair and consistent manner, irrespective of the applicant’s political contributions or association with a labor 

union, a health plan provided for under a collective bargaining agreement, or another organized labor group. 

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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•S 650 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Care Waiver 

3 Transparency Act’’. 

4 SEC. 2. REQUIREMENTS WITH RESPECT TO GRANTING 

5 WAIVERS. 

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

7 Human Services (referred to in this section as the ‘‘Sec8 retary’’) shall— 

9 (1) publish detailed criteria used by the Sec10 retary to determine approval of an application sub11 mitted by a group health plan, health insurance 

12 issuer, employer, State, municipality, or other entity 

13 eligible for a waiver, adjustment, or other compli14 ance relief provided for under the authority of the 

15 Patient Protection and Affordable Care Act (Public 

16 Law 111–148) or title I or subtitle B of title II of 

17 the Health Care and Education Reconciliation Act 

18 (Public Law 111–152), including— 

19 (A) how much of a significant decrease in 

20 benefits with respect to a health insurance plan 

21 or health insurance coverage would need to 

22 occur in order have such a waiver application 

23 approved by the Secretary; and 

24 (B) how much of a significant increase in 

25 premiums with respect to a health insurance 

26 plan or health insurance coverage would need to 


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1 occur to have such a waiver application ap2 proved by the Secretary; 

3 (2) publish on the Internet Web site of the De4 partment of Health and Human Services each appli5 cation for a waiver described in paragraph (1); and 

6 (3) publish on the Internet Web site of the De7 partment of Health and Human Services the deter8 mination of the Secretary whether to approve or re9 ject such application, and the reason for such ap10 proval or rejection. 

11 (b) PROTECTION OF PROPRIETARY INFORMATION.— 

12 In carrying out subsection (a), the Secretary shall ensure 

13 the confidentiality of proprietary information of each ap14 plicant. 

15 (c) PROHIBITION OF PREFERENTIAL TREATMENT.— 

16 In no case, during any stage of the application process 

17 for an application described in subsection (a)(1), shall 

18 preferential treatment be given to an applicant based on 

19 political contributions or association with a labor union, 

20 a health plan provided for under a collective bargaining 

21 agreement, or another organized labor group. 

Æ 


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