IB 
Union Calendar No. 507 
112TH CONGRESS 
2D SESSION 
H. R. 1206 
[Report No. 112–694] 
To amend title XXVII of the Public Health Service Act to preserve consumer 
and employer access to licensed independent insurance producers. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2011 
Mr. ROGERS of Michigan (for himself, Mr. BARROW, Mr. WALSH of Illinois, 
Mr. BURGESS, Mr. AUSTRIA, Mr. ROKITA, Mr. BOREN, Mr. CARTER, Mr. 
HECK, Mr. ROSS of Arkansas, Mr. STIVERS, Mrs. MCMORRIS RODGERS, 
Mr. HOLDEN, Mr. ROSKAM, and Mr. MCCLINTOCK) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
NOVEMBER 15, 2012 
Additional sponsors: Mrs. BLACKBURN, Mr. GRIFFIN of Arkansas, Mr. RUP-
PERSBERGER, Mr. YODER, Mr. SESSIONS, Mr. MCCAUL, Mr. BURTON of 
Indiana, Mr. MCCOTTER, Mr. MULVANEY, Mr. KISSELL, Mr. PRICE of 
Georgia, Mr. PLATTS, Mr. COBLE, Mr. GINGREY of Georgia, Mr. ROGERS 
of Kentucky, Mr. BOUSTANY, Mr. HUIZENGA of Michigan, Ms. GRANGER, 
Mr. PAUL, Ms. BORDALLO, Mr. AKIN, Mr. DOLD, Mr. GARDNER, Mr. 
CASSIDY, Mr. FITZPATRICK, Mr. SCHRADER, Mr. FORBES, Mr. GUTHRIE, 
Mr. SULLIVAN, Mr. MCKINLEY, Mr. STUTZMAN, Mr. LONG, Mr. 
BENISHEK, Ms. MCCOLLUM, Mr. WOODALL, Mr. ANDREWS, Mr. 
BARLETTA, Mr. MCINTYRE, Mr. FLEMING, Mr. STEARNS, Mr. CHAN-
DLER, Mr. COFFMAN of Colorado, Mr. HARPER, Mr. DEFAZIO, Mr. 
HULTGREN, Mr. HARRIS, Mr. SCHOCK, Mr. LUETKEMEYER, Mr. 
NUNNELEE, Mr. GERLACH, Mr. WALBERG, Mr. KINZINGER of Illinois, 
Mr. RIBBLE, Mr. WHITFIELD, Mr. TIBERI, Mr. TERRY, Mr. POMPEO, 
Mr. WALDEN, Mr. WILSON of South Carolina, Ms. JENKINS, Mr. 
MATHESON, Mr. SHIMKUS, Mr. POSEY, Mr. SAM JOHNSON of Texas, Mr. 
JOHNSON of Ohio, Mr. SCHWEIKERT, Mr. THORNBERRY, Mr. FORTEN-
BERRY, Mr. LATTA, Mr. CANSECO, Mr. ALTMIRE, Mr. REHBERG, Mr. 
FARENTHOLD, Mr. BASS of New Hampshire, Mr. GUINTA, Mr. SCALISE, 
Mr. PAULSEN, Mr. LATHAM, Mr. PETRI, Mr. CONAWAY, Mr. POE of 
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21:32 Nov 15, 2012
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Texas, Mr. HANNA, Mr. SMITH of Texas, Mr. MILLER of Florida, Mr. 
ROE of Tennessee, Mr. RENACCI, Mr. BROOKS, Mr. LOBIONDO, Mr. 
KING of Iowa, Mr. NEUGEBAUER, Mr. ALEXANDER, Mr. RYAN of Wis-
consin, Mrs. CAPITO, Mr. MARINO, Mr. HALL, Mr. MURPHY of Pennsyl-
vania, Mrs. MILLER of Michigan, Mr. GIBSON, Ms. HAYWORTH, Mr. 
KELLY, Mr. NUGENT, Mr. AUSTIN SCOTT of Georgia, Mr. RAHALL, Mr. 
CALVERT, Mr. MARCHANT, Mr. BUCSHON, Mr. YOUNG of Indiana, Mr. 
DUNCAN of South Carolina, Mr. DUFFY, Mrs. MYRICK, Mr. GRAVES of 
Missouri, Mr. FLEISCHMANN, Mr. OWENS, Ms. BUERKLE, Mr. TIPTON, 
Mr. SCOTT of South Carolina, Mr. CHABOT, Mr. GOODLATTE, Mrs. 
BIGGERT, Mrs. BONO MACK, Mr. DENT, Mr. PERLMUTTER, Mr. SHU-
STER, Mr. HURT, Mr. DAVIS of Kentucky, Mr. MICA, Mr. OLSON, Mr. 
HUELSKAMP, Ms. HERRERA BEUTLER, Mr. BROUN of Georgia, Mr. 
WITTMAN, Mr. WEST, Mrs. ELLMERS, Mr. FRELINGHUYSEN, Mr. 
PENCE, Mr. REED, Mrs. ADAMS, Mr. BISHOP of Georgia, Mr. MEEHAN, 
Mr. BISHOP of Utah, Mr. MANZULLO, Mr. BILBRAY, Mr. DUNCAN of 
Tennessee, Mr. LANDRY, Mr. PEARCE, Mr. THOMPSON of Pennsylvania, 
Mr. GOWDY, Mr. KINGSTON, Mr. GALLEGLY, Mr. FINCHER, Mr. LANCE, 
Mr. LATOURETTE, Mr. REICHERT, Mr. AMODEI, Mr. PASTOR of Arizona, 
Mrs. ROBY, Mr. GRAVES of Georgia, Mr. WESTMORELAND, Mr. WOMACK, 
Mr. LABRADOR, Mr. SMITH of New Jersey, Mr. PALAZZO, Mr. RUNYAN, 
Mr. DESJARLAIS, Mr. GIBBS, Mr. SCHILLING, Mr. GRIFFITH of Virginia, 
Mr. BONNER, Mrs. HARTZLER, Mr. HENSARLING, Mr. JONES, Mr. 
RIGELL, Mrs. BLACK, Mr. YOUNG of Alaska, Mr. DANIEL E. LUNGREN 
of California, Mr. BARTON of Texas, Mr. BARTLETT, Mr. HINCHEY, Mr. 
TOWNS, Mr. SOUTHERLAND, Mr. CRAWFORD, Mr. GOSAR, Mr. DAVID 
SCOTT of Georgia, Mrs. EMERSON, Mr. CHAFFETZ, Mr. MCKEON, Mr. 
HASTINGS of Washington, Mr. BRADY of Texas, Mr. SIMPSON, Mrs. 
BACHMANN, Mr. BUCHANAN, Mrs. NOEM, Mr. CLAY, Mr. GOHMERT, Mr. 
MACK, Mr. FLAKE, Mrs. LUMMIS, Mr. GARY G. MILLER of California, 
Mr. GRIMM, Mr. CRENSHAW, Mr. RIVERA, Mr. KLINE, Mr. CRAVAACK, 
Mr. BISHOP of New York, Mr. TURNER of Ohio, Mr. FLORES, and Mr. 
ADERHOLT 
NOVEMBER 15, 2012 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend title XXVII of the Public Health Service Act 
to preserve consumer and employer access to licensed 
independent insurance producers. 
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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 ‘‘Access to Professional 
Health Insurance Advisors Act of 2011’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Licensed independent insurance producers 
(agents and brokers) provide a wide range of serv-
ices for both individual consumers and the business 
community. Producers interface with insurers, ac-
quire quotes, analyze plan options, and consult cli-
ents through the purchase of health insurance. 
(2) Licensed independent insurance producers 
provide guidance regarding benefit and contribution 
arrangements to ensure compliance with applicable 
State and Federal laws and regulations; assist with 
establishing section 125 plan tax savings under the 
Internal Revenue Code, health reimbursement ar-
rangements, flexible spending arrangements, and 
other programs to maximize tax advantages and en-
sure compliance with applicable Internal Revenue 
Service guidelines; create educational materials and 
provide on-site assistance to aid in employee benefit 
communication; assist in managing eligibility for 
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new hires and terminated employees; provide advo-
cacy for employees through the health insurance 
claim process; and advocate for employers with in-
surers in developing proposals, renewals, and for 
service issues throughout the year. 
(3) In order to meet these responsibilities, li-
censed independent insurance producers are required 
to complete continuing education on an ongoing 
basis in order to maintain appropriate licenses. This 
requirement to maintain educational standards helps 
assure the insured public that producers remain cur-
rent with the ever-evolving insurance market. 
(4) It is essential that licensed independent in-
surance producers continue to perform these duties, 
and others, as the Patient Protection and Affordable 
Care Act has made significant changes to the regu-
latory environment for health plans. To understand 
these changes, employers and consumers will need 
professional guidance even more in the future. This 
service is especially important for small businesses, 
as such producers often fill the role of a human re-
sources department as well as professional consult-
ant. 
(5) The National Association of Insurance 
Commissioners—whose core mission is to protect 
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consumers in all aspects of the business of insur-
ance—strongly advocates for the continuing role of 
licensed independent insurance producers in health 
insurance, and has expressed that the ability of in-
surance agents and brokers to continue assisting 
health insurance consumers at a time of rapid insur-
ance market changes is more essential than ever. 
(6) It is critical that the indispensable role 
played by licensed independent insurance producers 
is recognized and protected. 
SEC. 3. PROTECTING THE ABILITY OF LICENSED INDE-
PENDENT INSURANCE PRODUCERS TO CON-
TINUE TO SERVE THE PUBLIC. 
(a) IN GENERAL.—Section 2718 of the Public Health 
Service Act (42 U.S.C. 300gg et seq.), as inserted by sec-
tion 1001 and amended by section 10101(f) of the Patient 
Protection and Affordable Care Act, is amended— 
(1) in subsection (a)(3), by inserting ‘‘, remu-
neration paid for licensed independent insurance 
producers,’’ after ‘‘State taxes’’; 
(2) in subsection (b)(1)(A)— 
(A) in the matter preceding clause (i), by 
inserting ‘‘, remuneration paid for licensed 
independent insurance producers,’’ after ‘‘State 
taxes’’; 
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(B) in clause (ii), by inserting ‘‘or small 
group market’’ before ‘‘in such State’’; and 
(C) by adding at the end the following new 
sentence: 
‘‘In the case of a State request for an adjust-
ment pursuant to clause (ii), the Secretary shall 
defer to the State’s findings and determinations 
regarding destabilization.’’; 
(3) in subsection (b)(1)(B), by inserting ‘‘, re-
muneration paid for licensed independent insurance 
producers,’’ after ‘‘State taxes’’; 
(4) in subsection (d), by inserting ‘‘or small 
group market’’ after ‘‘individual market’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(f) INDEPENDENT INSURANCE PRODUCER REMU-
NERATION DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘independent insurance producer’ 
means an insurance agent or broker, insurance con-
sultant, benefit specialist, limited insurance rep-
resentative, and any other person required to be li-
censed under the laws of the particular State to sell, 
solicit, negotiate, service, effect, procure, renew or 
bind policies of insurance coverage or offer advice, 
counsel, opinions, or services related to insurance. 
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‘‘(2) The term ‘remuneration’ means compensa-
tion paid by or accrued from an insurance issuer or 
health plan for services rendered under contractual 
agreement which may include fees, commissions, or 
rebates.’’. 
(b) REGULATIONS.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services, in coordination with the National 
Association of Insurance Commissioners, shall amend any 
applicable regulations so as to take the amendments made 
by subsection (a) into account. 
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Union Calendar No. 507 
112TH CONGRESS 
2D SESSION 
H. R. 1206 
[Report No. 112–694] 
A BILL 
To amend title XXVII of the Public Health Service 
Act to preserve consumer and employer access to 
licensed independent insurance producers. 
NOVEMBER 15, 2012 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Mar 15 2010 
21:32 Nov 15, 2012
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