I 
114TH CONGRESS 
2D SESSION 
H. R. 5856 
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 14, 2016 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mom and Pop SHOP 
Act of 2016’’, the ‘‘Mom and Mom SHOP Act of 2016’’, 
or the ‘‘Pop and Pop SHOP Act of 2016’’. 
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SEC. 
2. 
ALLOWING 
SOLE 
PROPRIETORS 
AND 
THEIR 
SPOUSES AND DOMESTIC PARTNERS TO PUR-
CHASE INSURANCE ON THE PPACA SMALL 
BUSINESS EXCHANGE. 
(a) TREATING
SOLE
PROPRIETORS
AND
THEIR 
SPOUSES AND DOMESTIC PARTNERS AS QUALIFIED EM-
PLOYERS
IN
SMALL
BUSINESS
EXCHANGE.—Section 
1312(f)(2)(A) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18032(f)(2)(A)) is amended by add-
ing at the end the following new sentence: ‘‘For purposes 
of section 1311, the reference to a ‘small employer’ in the 
preceding sentence includes an individual (and the spouse 
or domestic partner of such individual, if any) who owns, 
or who is a partner in, a trade or business that has no 
employees and that is not an S corporation (as defined 
in section 1361(a)(1) of the Internal Revenue Code of 
1986).’’ 
(b) TREATING
SOLE
PROPRIETORS
AND
THEIR 
SPOUSES AND DOMESTIC PARTNERS AS SMALL EMPLOY-
ERS
IN
SMALL
BUSINESS
EXCHANGE.—Section 
1304(b)(2) of the Patient Protection and Affordable Care 
Act (42 U.S.C. 18024(b)(2)) is amended by adding at the 
end the following new sentence: ‘‘For purposes of section 
1311, such term also includes an individual (and the 
spouse or domestic partner of such individual, if any) who 
owns, or who is a partner in, a trade or business that has 
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no employees and that is not an S corporation (as defined 
in section 1361(a)(1) of the Internal Revenue Code of 
1986).’’ 
(c) TREATING HEALTH PLANS FOR SOLE PROPRI-
ETORS AND THEIR SPOUSES AND DOMESTIC PARTNERS 
AS GROUP HEALTH PLANS IN SMALL BUSINESS EX-
CHANGE.—Section 1304(a)(3) of the Patient Protection 
and Affordable Care Act (42 U.S.C. 18024(a)(3)) is 
amended by adding at the end the following new sentence: 
‘‘In determining whether a health plan is a ‘group health 
plan’ under the preceding sentence for purposes of section 
1311, an individual (and the spouse or domestic partner 
of such individual, if any) who owns, or who is a partner 
in, a trade or business shall be considered both an em-
ployer and an employee of such trade or business.’’ 
Æ 
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