Title: A bill to amend the Patient Protection and Affordable Care Act by clarifying that State Exchanges are prohibited from imposing fees or assessments on issuers of excepted benefits and standalone dental plans not sold through an Exchange.
Policy area: Health

Summary:
This bill amends the Patient Protection and Affordable Care Act to prohibit a state, solely to fund its health insurance exchange, from charging a health insurer a fee or tax for excepted benefits coverage (benefits not subject to requirements under the Act) or on standalone dental plans that are not sold on an exchange.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2241 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2241

 To amend the Patient Protection and Affordable Care Act by clarifying 
 that State Exchanges are prohibited from imposing fees or assessments 
 on issuers of excepted benefits and standalone dental plans not sold 
                          through an Exchange.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2017

   Mr. King introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Patient Protection and Affordable Care Act by clarifying 
 that State Exchanges are prohibited from imposing fees or assessments 
 on issuers of excepted benefits and standalone dental plans not sold 
                          through an Exchange.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITING STATE EXCHANGES FROM IMPOSING ASSESSMENTS OR 
              FEES ON EXCEPTED BENEFITS AND STANDALONE DENTAL PLANS NOT 
              SOLD THROUGH AN EXCHANGE.

    (a) In General.--Section 1311(d)(5) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18031(d)(5)) is amended--
            (1) in subparagraph (A), by inserting ``, subject to 
        subparagraph (C)'' after ``its operations''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Limitation.--A State may not charge a health 
                insurance issuer, solely for purposes of supporting an 
                Exchange in accordance with subparagraph (A), an 
                assessment, user fee, tax, or any other fee--
                            ``(i) on excepted benefits coverage within 
                        the meaning of section 2791(c) of the Public 
                        Health Service Act that is not sold on an 
                        Exchange; or
                            ``(ii) on standalone dental plans described 
                        in paragraph (2)(B)(ii) that are not sold on an 
                        Exchange.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to assessments, user fees, taxes, and other fees imposed, 
assessed, or collected on or after January 1, 2018, except that, with 
respect to the Exchange of the District of Columbia, such amendments 
shall apply to assessments, user fees, taxes, and other fees imposed, 
assessed, or collected on or after January 1, 2020.
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