Health Care Waiver Fairness Act of 2013

To amend title I of the Patient Protection and Affordable Care Act to provide for a process for waiver of requirements of that title where the requirement is asserted to otherwise result in a significant decrease in access to coverage or significant increase in premiums or other costs. 1. Short title This Act may be cited as the Health Care Waiver Fairness Act of 2013 2. PPACA waiver process (a) In general Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 G Waiver process 1601. Establishment of waiver process (a) In general The applicable authorities (as defined in subsection (c)) shall collectively establish a process (in this section referred to as the waiver process (1) Section 5000A of the Internal Revenue Code of 1986 (relating to requirement to maintain minimum essential coverage), as inserted by section 1501(b). (2) Section 6055 of the Internal Revenue Code of 1986 (relating to reporting of health insurance coverage), as inserted by section 1502(a). (3) Section 18A of the Fair Labor Standards Act of 1938 ( 42 U.S.C. 218a (4) Section 18B of the Fair Labor Standards Act of 1938 ( 42 U.S.C. 218b (5) Section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage), as inserted by section 1513(a). (6) Section 6056 of the Internal Revenue Code of 1986 (relating to certain employers required to report on health insurance coverage), as inserted by section 1514(a). (7) Section 10108 (relating to free choice vouchers). (8) Regulations regarding the treatment of group health plans or health insurance coverage as a grandfathered health plan (as defined in section 1251(e)). (9) Section 2718(b) of the Public Health Service Act (relating to medical loss ratios), as inserted by section 1001. (b) Waiver process (1) In general The applicable authorities shall establish the waiver process consistent with the following: (A) Notice and guidance Public notice and guidance shall be provided regarding the process for submission of waiver requests. (B) Standard A waiver request with respect to the application of a requirement to a plan, employer, individual, or entity shall be accompanied by a statement that— (i) identifies the specific requirement (or requirements) to be waived; and (ii) describes how the imposition of each specific requirement for which a waiver is requested on the plan, employer, individual, or entity would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. (C) Deemed approval A waiver request filed that is accompanied by such a statement shall be deemed to be approved. (D) Publication of data The applicable authorities shall regularly publish data regarding the waiver requests received for the different requirements. (2) Treatment of approved waivers In the case of approval under the waiver process of a waiver request with respect to a requirement of this title and an entity, notwithstanding any other provision of law, such requirement shall not apply to such entity on and after the date of approval of the request. (3) Relation to other exemptions and exceptions Nothing in this section shall be construed as superceding other provisions of this title insofar as they provide for exceptions, exemptions, or other special treatment with respect to requirements under this title. (c) Applicable authority In this section, the term applicable authority (1) except as otherwise provided in this subsection, the Secretary of Health and Human Services; (2) the Secretary of Labor with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary; and (3) the Secretary of the Treasury with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary, including sections of the Internal Revenue Code of 1986 specified in subsection (a). (d) References to requirements under this title In this section, a reference to a requirement under this title include such a requirement under an amendment made by this title, including as amended by title X of this Act or by the provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152). (e) Public awareness campaign Of the amounts available in the Prevention and Public Health Fund established under section 4002, notwithstanding any other provision of law, $50,000,000 shall be available to and expended by the Secretary of Health and Human Services to conduct, in coordination with other applicable authorities, a public awareness campaign of the waiver process. Amounts made available under this subsection shall remain available until expended. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title I the following: Subtitle G—Waiver Process Sec. 1601. Establishment of waiver process. .

Summary: Health Care Waiver Fairness Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to require the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of Treasury to establish waiver processes under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a health insurance coverage requirement under PPACA. Sets forth PPACA requirements that may be waived, including those related to minimum essential coverage and employers offering health care coverage to employees. Establishes requirements for the waiver process, including requiring submission of a statement describing how the imposition of the PPACA requirement would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. Deems to be approved any waiver including such a statement. Requires the Secretary of HHS to conduct a public awareness campaign of the waiver process with funds made available for the Prevention and Public Health Fund.