40 PA Cons Stat § 9305 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 40 - INSURANCE|Chapter 93 - State-based Exchange|Section 9305 - Powers and duties of exchange authority

§ 9305. Powers and duties of exchange authority. (a) Corporate operations.--The exchange authority shall exercise all powers and duties necessary and appropriate to carry out its purpose, including the following:  (1) Adopt bylaws. (2) Employ staff. (3) Make, execute and deliver contracts. (4) Apply for, solicit and receive money from any source consistent with the purpose of this chapter.  (5) Establish priorities for, allocate and disburse money received. (6) Submit annually to the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives, at the same time the exchange authority submits its budget to the Governor, a copy of its budget request and all subsequently revised budget requests for the ensuing fiscal year. The budget shall include the amounts to be appropriated out of the fund established under section 9312 (relating to exchange fund) necessary to administer the provisions of this chapter and the conveyance of money to the Reinsurance Fund established under section 9510 (relating to Reinsurance Fund).  (7) Establish travel reimbursement policies for the exchange authority, its board and its advisory council.  (8) Coordinate with the appropriate Federal and State agencies to seek waivers from statutory or regulatory requirements as necessary to carry out the purposes of this chapter.  (9) Enter into other arrangements, including, without limitation, interagency agreements with Federal agencies and Commonwealth agencies or other states' agencies as may be necessary or appropriate to carry out the duties of the exchange authority.  (10) Give reasonable public notice of any policies and procedures the exchange authority may implement to accomplish the operation of the exchange authority.  (11) Perform other operational activities necessary or appropriate to further the purposes of this chapter.  (12) The board shall consider the advice of the advisory council provided under section 9304(g) (relating to meetings and operation).  (b) Programmatic duties.--The exchange authority shall perform all duties necessary or appropriate to advance its purpose, including the following:  (1) Educate consumers, including through outreach, a navigator program and postenrollment support.  (2) Assist individuals to access income-based assistance for which they may be eligible, including premium tax credits, cost-sharing reductions and government programs.  (3) Take into consideration the need for consumer choice in rural, urban and suburban areas across the Commonwealth.  (4) Assess and collect fees from on-exchange insurers to support the operation of the exchange under this chapter and the reinsurance program established under section 9502(b) (relating to implementation of waiver and establishment of reinsurance program), except that the exchange authority may not assess or collect any form of obligation other than an exchange user fee on total monthly premiums for on-exchange policies and unless approved by unanimous consent of the board, the fee may not exceed 3% of total monthly premiums for on-exchange policies. In no case may the fee exceed 3.5%.  (5) Disburse receipted fees, including to benefit the reinsurance program established under section 9502(b).  (c) Enforcement and State sovereignty.--The exchange authority shall ensure that the exchange complies with the Federal acts and rules and regulations that may be imposed by the Federal Government pursuant to the Federal acts in a manner that maintains State sovereignty over the health insurance market in this Commonwealth. Enforcement responsibilities shall be delegated to the appropriate State agency and shall be sufficient to prevent a determination by the United States Secretary of Health and Human Services that the Commonwealth has failed to substantially enforce any provision of the Federal acts.    Cross References. Section 9305 is referred to in section 9302 of this title.