Federal and State Insurance Exchange Access Fairness and Penalty Delay Act of 2013

To amend the Patient Protection and Affordable Care Act to delay the individual health insurance mandate and any penalties for violating the individual mandate until after there is a certification that the healthcare.gov or other applicable State Exchange website is fully operational, and for other purposes. 1. Short title This Act may be cited as the Federal and State Insurance Exchange Access Fairness and Penalty Delay Act of 2013 2. Delay in applying individual health insurance mandate and penalty for violating the mandate before healthcare.gov or other applicable State website is certified as being fully operational Section 5000A (h) Delay in application (1) In general The provisions of this section shall not apply to an individual for any month that begins earlier than 30 days after the end of the extension of enrollment period provided under paragraph (4). In applying the previous provisions of this section, the Secretary of the Treasury shall adjust the dates in this section accordingly based on the application of this subsection. (2) GAO report on progress on making the Exchange websites fully operational Beginning not later than 30 days after the date of the enactment of the Federal and State Insurance Exchange Access Fairness and Penalty Delay Act of 2013 (3) Inspector General of Health and Human Services certification Taking into account the reports submitted under paragraph (2), the Inspector General of the Department of Health and Human Services shall make a determination on whether or not the healthcare.gov website and each applicable State Exchange website is fully operational and, if so, shall submit to Congress (and post on an appropriate public website) a certification that the healthcare.gov website or the applicable State Exchange website (as the case may be) is fully operational. (4) Extension of initial enrollment period The Secretary of Health and Human Services shall take such steps as are necessary to extend the initial enrollment period for individuals in qualified health plans offered through Exchanges under the Patient Protection and Affordable Care Act so that such period does not end earlier than 90 days after— (A) in the case of an individual residing in a State with an applicable State Exchange website, the date of the submittal to Congress of the certification under paragraph (3) both for the healthcare.gov website and for the applicable State Exchange website; or (B) in the case of an individual residing in a State without an applicable State Exchange website, the date of the submittal to Congress of the certification under paragraph (3) for the healthcare.gov website. (5) Fully operational defined In this subsection, the term fully operational (6) Applicable State Exchange website defined In this subsection, the term applicable State Exchange website .

Summary: Federal and State Insurance Exchange Access Fairness and Penalty Delay Act of 2013 - Amends the Internal Revenue Code to delay the effective date of the penalty for failure to maintain minimum essential health insurance coverage to months beginning no earlier than 30 days after the end of an enrollment period extension required by this Act (a period of at least 90 days after a certification to Congress by the Inspector General of the Department of Health and Human Services [HHS] that the healthcare.gov website and a state exchange website are fully operational, or only the healthcare.gov website in the case of an individual residing in a state without a state exchange website). Requires the Inspector General, in determining whether to make such certification, to consider monthly reports by the Comptroller General (GAO) on the progress of the websites in achieving such status.