I 
113TH CONGRESS 
1ST SESSION H. R. 3367 
To amend section 9010 of the Patient Protection and Affordable Care Act 
to delay the application of the health insurance provider annual fee 
until 2016 and to provide a process to return to consumers any amounts 
attributable to the expected application of the annual fee to 2014 or 
2015. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 29, 2013 
Mr. BOUSTANY (for himself and Mr. BERA of California) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend section 9010 of the Patient Protection and Afford-
able Care Act to delay the application of the health 
insurance provider annual fee until 2016 and to provide 
a process to return to consumers any amounts attrib-
utable to the expected application of the annual fee to 
2014 or 2015. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3367.IH
H3367
tjames on DSK6SPTVN1PROD with BILLS
SECTION 1. HEALTH INSURANCE PROVIDER ANNUAL FEE 
DELAYED UNTIL 2016. 
(a) IN GENERAL.—Section 9010 of the Patient Pro-
tection and Affordable Care Act is amended— 
(1) in subsection (a)(1), by striking ‘‘2013’’ and 
inserting ‘‘2015’’; 
(2) in subsection (e)(1), by striking the entries 
in the table relating to 2014 and to 2015; and 
(3) in subsection (j), by striking ‘‘2013’’ and 
inserting ‘‘2015’’. 
(b) EFFECTIVE DATE.—Except as provided in sub-
section (c), the amendments made by subsection (a) shall 
take effect as if included in section 9010 of the Patient 
Protection and Affordable Care Act. 
(c) RETURN TO CONSUMERS OF AMOUNTS ATTRIB-
UTABLE TO EXPECTED APPLICATION OF ANNUAL FEE TO 
2014 AND 2015.—Notwithstanding any other provision of 
law, the Secretary of the Treasury, in consultation with 
the Secretary of Health and Human Services, shall issue 
guidance directing covered entities (as defined for pur-
poses of section 9010 of the Patient Protection and Af-
fordable Care Act) to return any amounts collected from 
consumers or other sources that were attributed in State 
filings or otherwise to the annual fee which (as in effect 
prior to the enactment of this Act) was scheduled to be 
imposed on such entities under such section for 2014 and 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3367.IH
H3367
tjames on DSK6SPTVN1PROD with BILLS
2015. If the Secretary of the Treasury, in consultation 
with the Secretary of Health and Human Services, deter-
mines that any such entity has failed to comply with such 
guidance and such entity does not promptly cure such fail-
ure upon notice from the Secretary of the Treasury, the 
amendments made by this section shall not apply with re-
spect to such entity. 
Æ 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H3367.IH
H3367
tjames on DSK6SPTVN1PROD with BILLS