To repeal the Federally subsidized loan program for non-profit health insurance, to provide for association health plans, and for other purposes.

Bill: 112-hr-6299
Sponsor: Rep. Black, Diane [R-TN-6]
Introduced: 2012-08-02 in the House
Policy area: Health
Subjects: Accounting and auditing
Advisory bodies
Bankruptcy
Business records
Civil actions and liability
Comprehensive health care
Disability and health-based discrimination
Employee benefits and pensions
Fraud offenses and financial crimes
Government lending and loan guarantees
Government trust funds
Health care costs and insurance
Health care coverage and access
Health programs administration and funding
Intergovernmental relations
Licensing and registrations
Sales and excise taxes
State and local government operations
State and local taxation
User charges and fees

Summary:
action_date: 2012-08-02
text: 
Amends the Patient Protection and Affordable Care Act and the Internal Revenue Code to repeal establishment of the Consumer Operated and Oriented Plan (CO-OP) program through which the Secretary provides loans and grants to foster the creation of qualified nonprofit health insurance issuers to offer qualified health plans in the individual and small group markets. Rescinds unobligated funds made available for the program. Requires repayment of loans provided under the program within two years of their making and sets the interest rate on such loans at the bank prime rate.
 
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. Allows qualified nonprofit health insurance issuers participating in the CO-OP to sponsor an AHP, if certain requirements are satisfied.
 
Prescribes rules governing AHPs, including requirements relating to certification, sponsors and boards of trustees, participation and coverage, nondiscrimination, contribution rates, notice of voluntary termination, correction actions, and mandatory termination.
 
Establishes the Association Health Plan Fund to be used by the Secretary of Labor to make payments to an insurer to maintain coverage for a plan if there is a reasonable expectation that, without such payments, claims would not be satisfied by reason of termination of coverage.
 
Requires the Secretary to establish a Solvency Standards Working Group.
 
Allows a state to impose a contribution tax on an association health plan that commenced operations in such state after the enactment of this Act.
 
Preempts any state law that may preclude a health insurance issuer from: (1) offering health insurance coverage in connection with a certified AHP; or (2) offering health insurance coverage of the same policy type to other employers operating in the state that are eligible for coverage under such AHPs, whether or not such other employers are participating employers in such plan.
 
Subjects to criminal penalties a person who willfully makes false representations with respect to an AHP.


Legislative actions:
action_date: 2012-08-03
text: Referred to the Subcommittee on Health.
action_date: 2012-08-02
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-08-02
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-08-02
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-08-02
text: Introduced in House
action_date: 2012-08-02
text: Introduced in House