I 

113TH CONGRESS 

2D SESSION H. R. 5313 

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

proprietors and the spouses and domestic partners of sole proprietors 

to purchase insurance on the small business exchange, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mr. SEAN PATRICK MALONEY of New York introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Patient Protection and Affordable Care Act 

to allow sole proprietors and the spouses and domestic 

partners of sole proprietors to purchase insurance on 

the small business exchange, 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 ‘‘Mom and Pop SHOP 

5 Act of 2014’’, the ‘‘Mom and Mom SHOP Act of 2014’’, 

6 or the ‘‘Pop and Pop SHOP Act of 2014’’. 


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1 SEC. 2. ALLOWING SOLE PROPRIETORS AND THEIR 

2 SPOUSES AND DOMESTIC PARTNERS TO PUR3 CHASE INSURANCE ON THE PPACA SMALL 

4 BUSINESS EXCHANGE. 

5 (a) TREATING SOLE PROPRIETORS AND THEIR

6 SPOUSES AND DOMESTIC PARTNERS AS QUALIFIED EM7 PLOYERS IN SMALL BUSINESS EXCHANGE.—Section 

8 1312(f)(2)(A) of the Patient Protection and Affordable 

9 Care Act (42 U.S.C. 18032(f)(2)(A)) is amended by add10 ing at the end the following new sentence: ‘‘For purposes 

11 of section 1311, the reference to a ‘small employer’ in the 

12 preceding sentence includes an individual (and the spouse 

13 or domestic partner of such individual, if any) who owns, 

14 or who is a partner in, a trade or business that has no 

15 employees and that is not an S corporation (as defined 

16 in section 1361(a)(1) of the Internal Revenue Code of 

17 1986).’’ 

18 (b) TREATING SOLE PROPRIETORS AND THEIR

19 SPOUSES AND DOMESTIC PARTNERS AS SMALL EMPLOY20 ERS IN SMALL BUSINESS EXCHANGE.—Section 

21 1304(b)(2) of the Patient Protection and Affordable Care 

22 Act (42 U.S.C. 18024(b)(2)) is amended by adding at the 

23 end the following new sentence: ‘‘For purposes of section 

24 1311, such term also includes an individual (and the 

25 spouse or domestic partner of such individual, if any) who 

26 owns, or who is a partner in, a trade or business that has 


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1 no employees and that is not an S corporation (as defined 

2 in section 1361(a)(1) of the Internal Revenue Code of 

3 1986).’’ 

4 (c) TREATING HEALTH PLANS FOR SOLE PROPRI5 ETORS AND THEIR SPOUSES AND DOMESTIC PARTNERS

6 AS GROUP HEALTH PLANS IN SMALL BUSINESS EX7 CHANGE.—Section 1304(a)(3) of the Patient Protection 

8 and Affordable Care Act (42 U.S.C. 18024(a)(3)) is 

9 amended by adding at the end the following new sentence: 

10 ‘‘In determining whether a health plan is a ‘group health 

11 plan’ under the preceding sentence for purposes of section 

12 1311, an individual (and the spouse or domestic partner 

13 of such individual, if any) who owns, or who is a partner 

14 in, a trade or business shall be considered both an em15 ployer and an employee of such trade or business.’’ 

Æ 


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