I 

113TH CONGRESS 

2D SESSION H. R. 4728 

To direct the Office of the Actuary of the Centers for Medicare & Medicaid 

Services and the Comptroller General of the United States to study 

the impact of the Patient Protection and Affordable Care Act on small 

businesses. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2014 

Mr. FINCHER (for himself and Mrs. BLACK) introduced the following bill; 

which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Energy and 

Commerce, the Judiciary, Natural Resources, House Administration, 

Rules, and Appropriations, 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 direct the Office of the Actuary of the Centers for Medicare & Medicaid Services and the Comptroller General 

of the United States to study the impact of the Patient 

Protection and Affordable Care Act on small businesses. 

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 ‘‘Certify It Act of 

5 2014’’. 


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1 SEC. 2. STUDY ON IMPACT ON SMALL BUSINESS JOBS. 

2 (a) STUDY AND REPORT.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this Act, and December 1 

5 for each of the 4 consecutive years thereafter, the 

6 Comptroller General of the United States, shall con7 duct a study on the impact of the Affordable Care 

8 Act on small businesses, including— 

9 (A) the impact of any increased health in10 surance costs resulting from the provisions of 

11 such Act on economic indicators (including jobs 

12 lost, hours worked per employee, and any re13 sulting loss of wages); and 

14 (B) the impact of section 4980H of the In15 ternal Revenue Code of 1986 (relating to 

16 shared responsibility for employers regarding 

17 health coverage) on economic indicators, includ18 ing any jobs lost. 

19 (2) REPORT.—The Comptroller General of the 

20 United States, using data from the Office of the Ac21 tuary, Centers for Medicare & Medicaid Services, 

22 under section 3 and economic indicators data from 

23 other Federal agencies, shall submit to the appro24 priate committees of Congress a report on the study 

25 conducted under paragraph (1). 


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1 (b) APPROPRIATE COMMITTEES OF CONGRESS.—For 

2 purposes of this section, the term ‘‘appropriate committees 

3 of Congress’’ means the Committee on Ways and Means, 

4 the Committee on Education and the Workforce, the Com5 mittee on Energy and Commerce, and the Small Business 

6 Committee of the House of Representatives and the Com7 mittee on Finance, the Committee on Health, Education, 

8 Labor, and Pensions, and the Small Business and Entre9 preneurship Committee of the Senate. 

10 (c) DEFINITIONS.—For purposes of this Act: 

11 (1) AFFORDABLE CARE ACT.—The term ‘‘Af12 fordable Care Act’’ means the Patient Protection 

13 and Affordable Care Act (Public Law 111–148) and 

14 title I and subtitle B of title II of the Health Care 

15 and Education Reconciliation Act of 2010 (Public 

16 Law 111–152). 

17 (2) SMALL BUSINESS.—The term ‘‘small busi18 ness’’ means an employer with 250 or fewer employ19 ees. 

20 SEC. 3. STUDY ON IMPACT ON SMALL BUSINESS HEALTH 

21 INSURANCE. 

22 (a) STUDY AND REPORT.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of the enactment of this Act, and December 

25 1 for each of the 4 consecutive years thereafter, the 


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1 Office of the Actuary, Centers for Medicare & Med2 icaid Services, shall conduct a study on the impact 

3 of the Affordable Care Act on small group health in4 surance costs, including— 

5 (A) the impact of requirements and bene6 fits pursuant to such Act on the small group 

7 health insurance market, including community 

8 rating requirements, minimum actuarial value 

9 requirements, requirements to provide for es10 sential health benefits described in section 

11 1302(b) of the Patient Protection and Afford12 able Care Act (42 U.S.C. 18022(b)), require13 ments related to cost-sharing, the prohibition 

14 on annual and lifetime limits on benefits under 

15 section 2711 of the Public Health Service Act 

16 (42 U.S.C. 300gg–11), prohibitions on cost17 sharing requirements for preventive services, 

18 and the extension of dependent coverage under 

19 section 2714 of the Public Health Service Act 

20 (42 U.S.C. 300gg–14); and 

21 (B) the impact of new taxes and fees on 

22 the small group health insurance market costs, 

23 including the fee imposed under section 9010 of 

24 the Patient Protection and Affordable Care Act 

25 (relating to imposition of annual fee on health 


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1 insurance providers), the transitional reinsur2 ance program contributions, the fees imposed 

3 under subchapter B of chapter 34 of the Inter4 nal Revenue Code of 1986 (relating to the Pa5 tient Centered Outcome Research Institute 

6 fees), and Exchange assessments or user fees. 

7 (2) REPORT.—The Office of the Actuary, Cen8 ters for Medicare & Medicaid Services, in consulta9 tion with the Comptroller General for purposes of 

10 verifying the methodology, assumptions, validity, and 

11 reasonableness of the data used by the Actuary, 

12 shall submit to the appropriate committees of Con13 gress a report on the study conducted under para14 graph (1). 

15 (b) APPROPRIATE COMMITTEES OF CONGRESS.—For 

16 purposes of this section, the term ‘‘appropriate committees 

17 of Congress’’ means the Committee on Ways and Means, 

18 the Committee on Education and the Workforce, the Com19 mittee on Energy and Commerce, and the Small Business 

20 Committee of the House of Representatives and the Com21 mittee on Finance, the Committee on Health, Education, 

22 Labor, and Pensions, and the Small Business and Entre23 preneurship Committee of the Senate. 


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1 SEC. 4. ONE-YEAR DELAY FOR EMPLOYER MANDATE IN 

2 CASE OF NEGATIVE IMPACT ON SMALL BUSI3 NESS. 

4 (a) IN GENERAL.—If the Comptroller General of the 

5 United States or the Office of the Actuary, Centers for 

6 Medicare & Medicaid Services, determines in any report 

7 submitted under section 2 or 3 that the Affordable Care 

8 Act has caused net employment loss amongst small busi9 nesses or caused small group health insurance costs to 

10 rise, section 4980H of the Internal Revenue Code of 1986 

11 shall not apply for months beginning during the 1-year 

12 period beginning on the date of the submission of such 

13 report. 

14 (b) FAILURE TO SUBMIT.—If the Comptroller Gen15 eral of the United States or the Office of the Actuary, 

16 Centers for Medicare & Medicaid Services, fails to submit 

17 a report in accordance with the timelines specified in this 

18 Act, section 4980H of the Internal Revenue Code of 1986 

19 shall not apply the following calendar year. 

Æ 


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