II 

Calendar No. 190 

116TH CONGRESS 

1ST SESSION S. 1378 

[Report No. 116–86] 

To repeal the multi-State plan program. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2019 

Mr. JOHNSON (for himself, Mr. BARRASSO, Mr. BRAUN, Mr. WICKER, Mr. 

LEE, Mr. ALEXANDER, Mr. ENZI, Mr. CRAMER, and Mr. PAUL) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

SEPTEMBER 10, 2019 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To repeal the multi-State plan program. 

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 ‘‘Repeal Insurance 

5 Plans of the Multi-State Program Act of 2019’’ or the 

6 ‘‘RIP MSP Act’’. 


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1 SEC. 2. REPEAL OF MULTI-STATE PLAN PROGRAM. 

2 (a) DEFINITIONS.—In this section, the terms ‘‘multi3 State plan issuer’’ and ‘‘MSP issuer’’ mean a health insur4 ance issuer or group of health insurance issuers that has 

5 a contract with the Office of Personnel Management to 

6 offer multi-State plan options pursuant to section 1334 

7 of the Patient Protection and Affordable Care Act (Public 

8 Law 111–148). 

9 (b) PROGRAM REPEAL.—Effective January 1, 2020, 

10 section 1334 of the Patient Protection and Affordable 

11 Care Act (Public Law 111–148) shall have no force or 

12 effect. 

13 (c) REQUIRED REPORTING.—Not later than 60 days 

14 after the date of enactment of this Act, the Director of 

15 the Office of Personnel Management shall provide the 

16 Committee on Homeland Security and Governmental Af17 fairs of the Senate and the Committee on Oversight and 

18 Reform of the House of Representatives a briefing con19 cerning the efforts of the Office of Personnel Management 

20 (referred to in this section as ‘‘OPM’’) to wind down the 

21 multi-State program under section 1334 of the Patient 

22 Protection and Affordable Care Act. Such briefing shall 

23 contain such information as may be required, including 

24 information regarding— 

25 (1) the methods of communication OPM and an 

26 MSP issuer will use to notify current enrollees that 


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1 the multi-State plan will not be offered during the 

2 next open season, including a timeline of the planned 

3 communications; 

4 (2) a description of how the Director of OPM 

5 will work with the Secretary of Health and Human 

6 Services to ensure that no plans previously offered 

7 pursuant to such section 1334 are offered on State 

8 or Federal Exchanges; and 

9 (3) a timeline detailing how OPM will close 

10 down the information technology portal that MSP 

11 issuers utilize. 

12 (d) RESCISSION OF UNUSED FUNDS.—Of the 

13 amounts made available to OPM for the purposes of staff14 ing and administering the program under section 1334 of 

15 the Patient Protection and Affordable Care Act, the unob16 ligated balance is rescinded, effective January 1, 2020. 

17 (e) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the Director of the Office of Personnel 

20 Management should assign employees of the Office 

21 whose duties on the date of enactment relate to car22 rying out section 1334 of the Patient Protection and 

23 Affordable Care Act (Public Law 111–148) to duties 

24 relating to processing appeals brought by individuals 

25 or employers pursuant to such section 1334; and 


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1 (2) no additional amounts should be appro2 priated for salaries and expenses relating to proc3 essing such appeals. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Repeal Insurance Plans 

6 of the Multi-State Program Act’’ or the ‘‘RIP MSP Act’’. 

7 SEC. 2. REPEAL OF MULTI-STATE PLAN PROGRAM. 

8 (a) DEFINITIONS.—In this section, the terms ‘‘multi9 State plan issuer’’ and ‘‘MSP issuer’’ mean a health insur10 ance issuer or group of health insurance issuers that has 

11 a contract with the Office of Personnel Management to offer 

12 multi-State plan options pursuant to section 1334 of the 

13 Patient Protection and Affordable Care Act (Public Law 

14 111–148). 

15 (b) PROGRAM REPEAL.—Effective January 1, 2020, 

16 section 1334 of the Patient Protection and Affordable Care 

17 Act (Public Law 111–148) shall have no force or effect. 

18 (c) TERMINATION OF EXTERNAL REVIEW.—The ad19 ministration of external review pursuant to section 1334 

20 of the Patient Protection and Affordable Care Act shall con21 clude upon the issuance by the Director of the Office of Per22 sonnel Management (referred to in this section as ‘‘OPM’’) 

23 of all final decisions for enrollees enrolled in a multi-State 

24 plan during or before the 2019 plan year. 


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1 (d) REQUIRED REPORTING.—Not later than 60 days 

2 after the date of enactment of this Act, the Director of OPM 

3 shall provide the Committee on Homeland Security and 

4 Governmental Affairs and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate and the Com6 mittee on Oversight and Reform and the Committee on En7 ergy and Commerce of the House of Representatives a brief8 ing concerning the efforts of the OPM to wind down the 

9 multi-State program under section 1334 of the Patient Pro10 tection and Affordable Care Act. Such briefing shall contain 

11 such information as may be required, including informa12 tion regarding— 

13 (1) the methods of communication OPM and an 

14 MSP issuer will use to notify current enrollees that 

15 the multi-State plan will not be offered during the 

16 next open season, including a timeline of the planned 

17 communications; 

18 (2) a description of how the Director of OPM 

19 will work with the Secretary of Health and Human 

20 Services to ensure that no plans previously offered 

21 pursuant to such section 1334 are offered on State or 

22 Federal Exchanges; and 

23 (3) a timeline detailing how OPM will close 

24 down the information technology portal that MSP 

25 issuers utilize. 


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1 (e) CONFORMING AMENDMENTS.— 

2 (1) IN GENERAL.—Title I of the Patient Protec3 tion and Affordable Care Act is amended— 

4 (A) in section 1301(a) (42 U.S.C. 

5 18021(a))— 

6 (i) in paragraph (2)— 

7 (I) in the heading, by striking 

8 ‘‘AND MULTI-STATE QUALIFIED

9 HEALTH PLANS’’; and 

10 (II) by striking ‘‘and a multi11 State plan under section 1334,’’; and 

12 (ii) in paragraph (4), by striking ‘‘, 

13 including a multi-State qualified health 

14 plan,’’; and 

15 (B) in section 1324(a) (42 U.S.C. 

16 18044(a)), by striking ‘‘, or a multi-State quali17 fied health plan under section 1334,’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by paragraph (1) shall take effect on January 1, 

20 2020. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 190 

116TH CONGRESS 

1ST SESSION S. 1378 

[Report No. 116–86] 

A BILL 

To repeal the multi-State plan program. 

SEPTEMBER 10, 2019 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS