Protecting Americans with Pre-Existing Conditions Act of 2021

Bill: 117-s-779
Sponsor: full_name: Sen. Warner, Mark R. [D-VA]
Introduced: 2021-03-16
Policy area: Health
Subjects: Administrative law and regulatory procedures

Department of Health and Human Services

Department of the Treasury

Health care costs and insurance

Health care coverage and access

State and local government operations

User charges and fees
Latest action: action_date: 2021-03-16
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2021-03-16
action_desc: Introduced in Senate
text: <p><b>Protecting Americans with Pre-Existing Conditions Act of 2021</b></p> <p>This bill nullifies specified guidance and final rule provisions pertaining to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers) issued by the Department of the Treasury and the Department of Health and Human Services. The provisions allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria. </p> <p>The provisions, which supersede earlier guidance from 2015, alter agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the provisions (1) redefine acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allow the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allow the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.</p>

tv_txt: II 117th CONGRESS 1st Session S. 779 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Warner (for himself, Mrs. Shaheen , Mr. Cardin , Ms. Baldwin , Mr. Carper , Mr. Murphy , Mr. Peters , Mr. Reed , Ms. Duckworth , Mr. Kaine , Mr. Blumenthal , Mr. Menendez , Ms. Smith , Mr. Merkley , Ms. Cortez Masto , Mr. Van Hollen , Mrs. Gillibrand , Mr. Booker , Mr. Durbin , Mr. Luján , Mr. Markey , Ms. Warren , Ms. Rosen , Ms. Klobuchar , Ms. Stabenow , Mr. Casey , Mrs. Murray , Mr. Wyden , Mr. Tester , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide that certain rules and guidance related to waivers for State innovation under the Patient Protection and Affordable Care Act shall have no force or effect.

1. Short title This Act may be cited as the Protecting Americans with Pre-Existing Conditions Act of 2021 . 2. Providing that certain rules and guidance related to waivers for State innovation under the Patient Protection and Affordable Care Act shall have no force or effect (a) In general The Secretary of Health and Human Services and the Secretary of the Treasury may not take any action to implement, enforce, or otherwise give effect to the rules and guidance described in subsection (b), and no such rules and guidance shall have any force or effect. (b) Rules and guidance The rules and guidance described in this subsection are the following: (1) The provisions in the final rule issued by the Secretary of Health and Human Services and the Secretary of the Treasury on January 19, 2021, relating to Updates to State Innovation Waiver (Section 1332 Waiver) Implementing Regulations (86 Fed. Reg. 6138). (2) The guidance issued by such Secretaries entitled State Relief and Empowerment Waivers (83 Fed. Reg. 53575 (October 24, 2018)), or any other rule promulgated to give effect to such guidance.