Fairness for Individuals Using Exchange Websites Act of 2013

To provide for an exemption from the individual mandate under the Patient Protection and Affordable Care Act for individuals residing in States in which the Exchange Websites are not fully functional, and for other purposes. 1. Short title This Act may be cited as the Fairness for Individuals Using Exchange Websites Act of 2013 2. Exemption from ACA individual mandate for individuals residing in States with an Exchange for which the Website has not received a certification of functionality (a) HHS certification The Inspector General of the Department of Health and Human Services shall certify the Website of an Exchange established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 42 U.S.C. 18021(a) (b) Criteria Not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall specify criteria for determining whether the Website of an Exchange described in subsection (a) is fully functional for the purpose described in such subsection. (c) Special enrollment period following date of certification Section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) (1) in subparagraph (C), by striking at the end and (2) in subparagraph (D), by striking the period and inserting ; and (3) by adding at the end the following new subparagraph: (E) in the case of an Exchange for which the Website is certified under section 2(a) of the Fairness for Individuals Using Exchange Websites Act of 2013 after December 31, 2013, a special enrollment period of at least 3 months beginning after the date of such certification. . (d) Exemption from ACA individual mandate Section 5000A(e) (6) Individuals unable to enroll in a health plan online (A) Individuals residing in States with uncertified Exchange Websites Any applicable individual for any month during which the individual resides in a State for which the Exchange Website is not certified under section 2(a) of the Fairness for Individuals Using Exchange Websites Act of 2013. (B) Individuals residing in States with Exchange Websites certified after December 31, 2013 In the case of an Exchange for a State with respect to which the Website is certified under section 2(a) of the Fairness for Individuals Using Exchange Websites Act of 2013 after December 31, 2013, any applicable individual for any month— (i) beginning before the last day of the special enrollment period provided by such Exchange pursuant to section 1311(c)(6)(E) of the Patient Protection and Affordable Care Act; and (ii) during which the individual resides in such State. . (e) Effective date The amendments made by— (1) subsection (c) shall take effect as if included in the enactment of section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (2) subsection (d) shall take effect as if included in the amendments made by section 1501 of such Act.

Summary: Fairness for Individuals Using Exchange Websites Act of 2013 - Requires the Inspector General of the Department of Health and Human Services (HHS) to certify the website of a health care exchange once it is determined, based upon criteria specified by the Comptroller General (GAO) after enactment of this Act, to be fully functional for the purpose of enrollment in qualified health plans. Amends the Patient Protection and Affordable Care Act to require an exchange for which the website is certified under this Act after December 31, 2013, to provide a special enrollment period of at least three months after the date of certification. Amends the Internal Revenue Code, with respect to the penalty for failure to maintain minimum essential coverage, to exempt: (1) individuals residing in states for which an exchange is uncertified, and (2) individuals residing in states with websites certified after December 31, 2013, for months during the special enrollment period.