I 

113TH CONGRESS 

1ST SESSION H. R. 3745 

To ensure that individuals who attempted to, or who are enrolled in, qualified 

health plans offered through an Exchange have continuity of coverage, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

Mrs. KIRKPATRICK (for herself, Mr. VAN HOLLEN, Ms. MICHELLE LUJAN

GRISHAM of New Mexico, Ms. SHEA-PORTER, Mrs. BUSTOS, Mr. BARBER, Mr. ISRAEL, Mr. GEORGE MILLER of California, Mr. WAXMAN, and 

Mr. LEVIN) 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 ensure that individuals who attempted to, or who are 

enrolled in, qualified health plans offered through an 

Exchange have continuity of coverage, 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 ‘‘Coverage Protection 

5 Act of 2013’’. 


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1 SEC. 2. AUTHORITY TO PROVIDE TIMELY COVERAGE FOR 

2 INDIVIDUALS WHO WERE UNABLE TO EN3 ROLL IN A QUALIFIED HEALTH PLAN. 

4 (a) IN GENERAL.—In the case of an individual who 

5 enrolls in a qualified health plan offered through an Ex6 change established under title I of the Patient Protection 

7 and Affordable Care Act (Public Law 111–148) before 

8 February 1, 2014, the Secretary of Health and Human 

9 Services may require that the issuer of the plan treat such 

10 individual as enrolled in such plan as of December 23, 

11 2013, if the following conditions are met: 

12 (1) ATTEMPTED TIMELY ENROLLMENT.—The 

13 individual submits, not later than January 31, 2014, 

14 an attestation (in such form and manner as the Sec15 retary may require) that the individual— 

16 (A) made reasonable, good-faith attempts, 

17 but was unable, to successfully enroll in such a 

18 plan through an Exchange before December 23, 

19 2013; or 

20 (B) was initially determined through an 

21 Exchange to be eligible to enroll in a Medicaid 

22 plan under title XIX of the Social Security Act 

23 but is not eligible to so enroll in such a Med24 icaid plan and, because of such incorrect eligi25 bility determination, was subsequently unable to 


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1 enroll in a qualified health plan before Decem2 ber 23, 2013. 

3 (2) PAYMENT OF PREMIUMS.—The individual 

4 pays, not later than January 31, 2014, the amount 

5 of the applicable monthly premiums for the plan in 

6 which such individual enrolls for January and Feb7 ruary of 2014, taking into account the amount of 

8 any premium assistance made available under sec9 tion 36B of the Internal Revenue Code of 1986. 

10 (b) APPLICATION FOR PURPOSES OF PREMIUM AS11 SISTANCE, REDUCED COST-SHARING, AND INDIVIDUAL

12 RESPONSIBILITY.—Coverage provided under a qualified 

13 health plan for January and February of 2014 under sub14 section (a) shall be counted as coverage under such a plan 

15 by or through an Exchange for such months for all pur16 poses, including the following: 

17 (1) PREMIUM ASSISTANCE.—Section 36B of the 

18 Internal Revenue Code of 1986. 

19 (2) COST-SHARING REDUCTIONS.—Section 1402 

20 of the Patient Protection and Affordable Care Act 

21 (42 U.S.C. 18071). 

22 (3) INDIVIDUAL RESPONSIBILITY REQUIRE23 MENT.—Section 5000A of the Internal Revenue 

24 Code of 1986. 


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1 SEC. 3. TRANSITIONAL USE OF RECEIPT OF INSURANCE 

2 PAYMENT AS ALTERNATIVE TO HEALTH IN3 SURANCE CARD FOR EXCHANGE PLANS. 

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

5 Human Services shall require a health insurance issuer 

6 that offers a qualified health plan through an Exchange 

7 under title I of the Patient Protection and Affordable Care 

8 Act (Public Law 111–148)— 

9 (1) to allow in-network providers in such plan 

10 to treat, for purposes of coverage under the plan, a 

11 receipt of payment of premiums by an individual en12 rolled under the plan for January or February 2014 

13 who has not received a health insurance card from 

14 the issuer in the same manner as if such receipt 

15 were such a health insurance card issued to such in16 dividual by the issuer for services furnished during 

17 such month; and 

18 (2) to notify such in-network providers of the 

19 policy under paragraph (1). 

20 (b) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed as precluding a health care pro22 vider from directly seeking to verify the status of the en23 rollment of an individual in a qualified health plan offered 

24 through an Exchange by contacting the issuer of such 

25 plan. 

Æ 


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