Health Care Talk (HCTalk.com)

[Denver Dave]

Section 1332 is in HR 3590 - Patient Protection and Affordable Care Act
http://www.opencongress.org/bill/111-h3590/text

SEC. 1332. WAIVER FOR STATE INNOVATION.
(a) Application-CommentsClose CommentsPermalink

(1) IN GENERAL- A State may apply to the Secretary for the waiver of all or any requirements described in paragraph (2) with respect to health insurance coverage within that State for plan years beginning on or after January 1, 2017.

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also see Thomas.gov link to HR 3590
http://hdl.loc.gov/loc.uscongress/legislation.111hr3590

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SEC. 1332. WAIVER FOR STATE INNOVATION.

(a) Application-CommentsClose CommentsPermalink

(1) IN GENERAL- A State may apply to the Secretary for the waiver of all or any requirements described in paragraph (2) with respect to health insurance coverage within that State for plan years beginning on or after January 1, 2017. Such application shall--CommentsClose CommentsPermalink

(A) be filed at such time and in such manner as the Secretary may require;CommentsClose CommentsPermalink

(B) contain such information as the Secretary may require, including--CommentsClose CommentsPermalink

(i) a comprehensive description of the State legislation and program to implement a plan meeting the requirements for a waiver under this section; andCommentsClose CommentsPermalink

(ii) a 10-year budget plan for such plan that is budget neutral for the Federal Government; andCommentsClose CommentsPermalink

(C) provide an assurance that the State has enacted the law described in subsection (b)(2).CommentsClose CommentsPermalink

(2) REQUIREMENTS- The requirements described in this paragraph with respect to health insurance coverage within the State for plan years beginning on or after January 1, 2014, are as follows:CommentsClose CommentsPermalink

(A) Part I of subtitle D.CommentsClose CommentsPermalink

(B) Part II of subtitle D.CommentsClose CommentsPermalink

(C) Section 1402.CommentsClose CommentsPermalink

(D) Sections 36B, 4980H, and 5000A of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

(3) PASS THROUGH OF FUNDING- With respect to a State waiver under paragraph (1), under which, due to the structure of the State plan, individuals and small employers in the State would not qualify for the premium tax credits, cost-sharing reductions, or small business credits under sections 36B of the Internal Revenue Code of 1986 or under part I of subtitle E for which they would otherwise be eligible, the Secretary shall provide for an alternative means by which the aggregate amount of such credits or reductions that would have been paid on behalf of participants in the Exchanges established under this title had the State not received such waiver, shall be paid to the State for purposes of implementing the State plan under the waiver. Such amount shall be determined annually by the Secretary, taking into consideration the experience of other States with respect to participation in an Exchange and credits and reductions provided under such provisions to residents of the other States.CommentsClose CommentsPermalink

(4) WAIVER CONSIDERATION AND TRANSPARENCY-CommentsClose CommentsPermalink

(A) IN GENERAL- An application for a waiver under this section shall be considered by the Secretary in accordance with the regulations described in subparagraph (B).CommentsClose CommentsPermalink

(B) REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations relating to waivers under this section that provide--CommentsClose CommentsPermalink

(i) a process for public notice and comment at the State level, including public hearings, sufficient to ensure a meaningful level of public input;CommentsClose CommentsPermalink

(ii) a process for the submission of an application that ensures the disclosure of--CommentsClose CommentsPermalink

(I) the provisions of law that the State involved seeks to waive; andCommentsClose CommentsPermalink

(II) the specific plans of the State to ensure that the waiver will be in compliance with subsection (b);CommentsClose CommentsPermalink

(iii) a process for providing public notice and comment after the application is received by the Secretary, that is sufficient to ensure a meaningful level of public input and that does not impose requirements that are in addition to, or duplicative of, requirements imposed under the Administrative Procedures Act, or requirements that are unreasonable or unnecessarily burdensome with respect to State compliance;CommentsClose CommentsPermalink

(iv) a process for the submission to the Secretary of periodic reports by the State concerning the implementation of the program under the waiver; andCommentsClose CommentsPermalink

(v) a process for the periodic evaluation by the Secretary of the program under the waiver.CommentsClose CommentsPermalink

(C) REPORT- The Secretary shall annually report to Congress concerning actions taken by the Secretary with respect to applications for waivers under this section.CommentsClose CommentsPermalink

(5) COORDINATED WAIVER PROCESS- The Secretary shall develop a process for coordinating and consolidating the State waiver processes applicable under the provisions of this section, and the existing waiver processes applicable under titles XVIII, XIX, and XXI of the Social Security Act, and any other Federal law relating to the provision of health care items or services. Such process shall permit a State to submit a single application for a waiver under any or all of such provisions.CommentsClose CommentsPermalink

(6) DEFINITION- In this section, the term ‘Secretary’ means--CommentsClose CommentsPermalink

(A) the Secretary of Health and Human Services with respect to waivers relating to the provisions described in subparagraph (A) through (C) of paragraph (2); andCommentsClose CommentsPermalink

(B) the Secretary of the Treasury with respect to waivers relating to the provisions described in paragraph (2)(D).CommentsClose CommentsPermalink

(b) Granting of Waivers-CommentsClose CommentsPermalink

(1) IN GENERAL- The Secretary may grant a request for a waiver under subsection (a)(1) only if the Secretary determines that the State plan--CommentsClose CommentsPermalink

(A) will provide coverage that is at least as comprehensive as the coverage defined in section 1302(b) and offered through Exchanges established under this title as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services based on sufficient data from the State and from comparable States about their experience with programs created by this Act and the provisions of this Act that would be waived;CommentsClose CommentsPermalink

(B) will provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this title would provide;CommentsClose CommentsPermalink

(C) will provide coverage to at least a comparable number of its residents as the provisions of this title would provide; andCommentsClose CommentsPermalink

(D) will not increase the Federal deficit.CommentsClose CommentsPermalink

(2) REQUIREMENT TO ENACT A LAW-CommentsClose CommentsPermalink

(A) IN GENERAL- A law described in this paragraph is a State law that provides for State actions under a waiver under this section, including the implementation of the State plan under subsection (a)(1)(B).CommentsClose CommentsPermalink

(B) TERMINATION OF OPT OUT- A State may repeal a law described in subparagraph (A) and terminate the authority provided under the waiver with respect to the State.CommentsClose CommentsPermalink

(c) Scope of Waiver-CommentsClose CommentsPermalink

(1) IN GENERAL- The Secretary shall determine the scope of a waiver of a requirement described in subsection (a)(2) granted to a State under subsection (a)(1).CommentsClose CommentsPermalink

(2) LIMITATION- The Secretary may not waive under this section any Federal law or requirement that is not within the authority of the Secretary.CommentsClose CommentsPermalink

(d) Determinations by Secretary-CommentsClose CommentsPermalink

(1) TIME FOR DETERMINATION- The Secretary shall make a determination under subsection (a)(1) not later than 180 days after the receipt of an application from a State under such subsection.CommentsClose CommentsPermalink

(2) EFFECT OF DETERMINATION-CommentsClose CommentsPermalink

(A) GRANTING OF WAIVERS- If the Secretary determines to grant a waiver under subsection (a)(1), the Secretary shall notify the State involved of such determination and the terms and effectiveness of such waiver.CommentsClose CommentsPermalink

(B) DENIAL OF WAIVER- If the Secretary determines a waiver should not be granted under subsection (a)(1), the Secretary shall notify the State involved, and the appropriate committees of Congress of such determination and the reasons therefore.CommentsClose CommentsPermalink

(e) Term of Waiver- No waiver under this section may extend over a period of longer than 5 years unless the State requests continuation of such waiver, and such request shall be deemed granted unless the Secretary, within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the State in writing with respect to any additional information which is needed in order to make a final determination with respect to the request.