are corrected prior to implementation, or as soon as 
possible thereafter, through mechanisms such as— 
‘‘(A) denying rates; 
‘‘(B) modifying rates; or 
‘‘(C) requiring rebates to consumers. 
‘‘(5) NONCOMPLIANCE.—Failure to comply with 
any corrective action taken by the Secretary under 
this subsection may result in the application of civil 
monetary penalties and, if the Secretary determines 
appropriate, make the plan involved ineligible for 
classification as a Qualified Health Plan.’’. 
(b) CLARIFICATION OF REGULATORY AUTHORITY.— 
Such section is further amended— 
(1) in subsection (a)— 
(A) in the heading, by striking ‘‘PRE-
MIUM’’ and inserting ‘‘RATE’’; 
(B) in paragraph (1), by striking ‘‘unrea-
sonable increases in premiums’’ and inserting 
‘‘potentially excessive, unjustified, or unfairly 
discriminatory rates, including premiums,’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘an unreasonable pre-
mium increase’’ and inserting ‘‘a poten-
tially excessive, unjustified, or unfairly dis-
criminatory rate’’; 
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(ii) by striking ‘‘the increase’’ and in-
serting ‘‘the rate’’; and 
(iii) by striking ‘‘such increases’’ and 
inserting ‘‘such rates’’; 
(2) in subsection (b)— 
(A) by striking ‘‘premium increases’’ each 
place it appears and inserting ‘‘rates’’; and 
(B) in paragraph (2)(B), by striking ‘‘pre-
mium’’ and inserting ‘‘rate’’; and 
(3) in subsection (c)(1)— 
(A) in the heading, by striking ‘‘PRE-
MIUM’’ and inserting ‘‘RATE’’; 
(B) by inserting ‘‘that satisfy the condition 
under subsection (e)(3)(A)’’ after ‘‘award 
grants to States’’; and 
(C) in subparagraph (A), by striking ‘‘pre-
mium increases’’ and inserting ‘‘rates’’. 
(c) CONFORMING AMENDMENT.—Title XXVII of the 
Public Health Service Act (42 U.S.C. 300gg et seq.) is 
amended— 
(1) in section 2723 (42 U.S.C. 300gg–22), as 
redesignated by the Patient Protection and Afford-
able Care Act— 
(A) in subsection (a)— 
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(i) in paragraph (1), by inserting 
‘‘and section 2794’’ after ‘‘this part’’; and 
(ii) in paragraph (2), by inserting ‘‘or 
section 2794’’ after ‘‘this part’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by inserting 
‘‘and section 2794’’ after ‘‘this part’’; and 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by in-
serting ‘‘or section 2794 that is’’ after 
‘‘this part’’; and 
(II) in subparagraph (C)(ii), by 
inserting ‘‘or section 2794’’ after 
‘‘this part’’; and 
(2) in section 2761 (42 U.S.C. 300gg–61)— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting 
‘‘and section 2794’’ after ‘‘this part’’; and 
(ii) in paragraph (2)— 
(I) by inserting ‘‘or section 
2794’’ after ‘‘set forth in this part’’; 
and 
(II) by inserting ‘‘and section 
2794’’ after ‘‘the requirements of this 
part’’; and 
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(B) in subsection (b)— 
(i) by inserting ‘‘and section 2794’’ 
after ‘‘this part’’; and 
(ii) by inserting ‘‘and section 2794’’ 
after ‘‘part A’’. 
(d) APPLICABILITY TO GRANDFATHERED PLANS.— 
Section 1251(a)(4)(A) of the Patient Protection and Af-
fordable Care Act (Public Law 111–148), as added by sec-
tion 2301 of the Health Care and Education Reconcili-
ation Act of 2010 (Public Law 111–152), is amended by 
adding at the end the following: 
‘‘(v) Section 2794 (relating to reason-
ableness of rates with respect to health in-
surance coverage).’’. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section, 
such sums as may be necessary. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act and shall be implemented with respect to health 
plans beginning not later than January 1, 2014. 
Æ 
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