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US HR762

US HR762
Health Care Choice Act of 2013


summary

Introduced
02/15/2013
In Committee
04/23/2013
Crossed Over
Passed
Dead
01/03/2015

Introduced Session

113th Congress

Bill Summary

Health Care Choice Act of 2013 - Repeals the health insurance and health coverage expansion requirements of the Patient Protection and Affordable Care Act and related requirements of the Health Care and Education Reconciliation Act of 2010. Restores provisions of law amended or repealed by such provisions. Amends the Public Health Service Act to provide that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with the conditions of this Act. Exempts issuers from any secondary state's laws that would prohibit or regulate the operation of the issuer in such state, subject to certain restrictions imposed by such state. Specifies the notice that an issuer must provide in any insurance coverage offered in a secondary state and at renewal of the policy. Requires each issuer issuing individual health insurance coverage in both primary and secondary states to submit to the insurance commissioners of such states: (1) a copy of the plan of operation or feasibility study, (2) written notice of any change in its designation of its primary state and of its compliance with all the laws of the primary state, and (3) a quarterly financial statement. Prohibits an issuer from offering, selling, or issuing individual health insurance coverage in a secondary state if the state insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all issuers. Gives sole jurisdiction to the primary state to enforce the primary state's covered laws in the primary state and any secondary state. Requires the Comptroller General to study the effect of this Act on specified health insurance issues.

AI Summary

This bill, the Health Care Choice Act of 2013, proposes to repeal key provisions of the Patient Protection and Affordable Care Act (ACA) related to health insurance mandates and expansion, and to amend the Public Health Service Act to establish a new framework for regulating individual health insurance coverage across state lines. Under this new framework, a health insurance issuer can designate a "primary state" whose laws will govern its individual health insurance policies sold in that state and any other "secondary state." While issuers are generally exempt from secondary state laws that would regulate their operations, they must still comply with certain requirements, such as paying taxes, registering with the secondary state's insurance commissioner, and adhering to laws regarding fraud, abuse, and unfair claims settlement practices. The bill also mandates specific disclosures to consumers in secondary states, prohibits certain discriminatory reclassifications or premium increases based on health status, and requires issuers to offer coverage in their primary state before selling it in a secondary state. Furthermore, it mandates that primary states must meet a federal minimum standard for capital and surplus requirements using a risk-based capital formula, and requires independent external appeals processes for coverage denials. The bill grants the primary state sole jurisdiction to enforce its laws in both primary and secondary states, with exceptions for specific secondary state enforcement powers. Finally, it requires the Comptroller General to study and report on the bill's impact on various health insurance issues, including the uninsured rate, availability and cost of insurance, and fraud.

Committee Categories

Business and Industry, Health and Social Services

Sponsors (24)

Last Action

Referred to the Subcommittee on Health, Employment, Labor, and Pensions. (on 04/23/2013)

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