42 U.S.C. § 18054 | Multi-State plans

(a)

Oversight by the Office of Personnel Management

(1)

In general

section 6101 of title 41The Director of the Office of Personnel Management (referred to in this section as the “Director”) shall enter into contracts with health insurance issuers (which may include a group of health insurance issuers affiliated either by common ownership and control or by the common use of a nationally licensed service mark), without regard to or other statutes requiring competitive bidding, to offer at least 2 multi-State qualified health plans through each Exchange in each State. Such plans shall provide individual, or in the case of small employers, group coverage.

(2)

Terms

42 U.S.C. 300gg(a)(1)(A)(i)Each contract entered into under paragraph (1) shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Director shall ensure that health benefits coverage is provided in accordance with the types of coverage provided for under section 2701(a)(1)(A)(i) of the Public Health Service Act [].

(3)

Non-profit entities

In entering into contracts under paragraph (1), the Director shall ensure that at least one contract is entered into with a non-profit entity.

(4)

Administration

1 So in original. The words “employees health benefit program” probably should be capitalized.

2 So in original. Probably should be “multi-State”.

The Director shall implement this subsection in a manner similar to the manner in which the Director implements the contracting provisions with respect to carriers under the Federal employees health benefit program  under chapter 89 of title 5, including (through negotiating with each multi-state  plan)—

(A)

a medical loss ratio;

(B)

a profit margin;

(C)

the premiums to be charged; and

(D)

such other terms and conditions of coverage as are in the interests of enrollees in such plans.

(5)

Authority to protect consumers

The Director may prohibit the offering of any multi-State health plan that does not meet the terms and conditions defined by the Director with respect to the elements described in subparagraphs (A) through (D) of paragraph (4).

(6)

Assured availability of varied coverage

section 18023(b)(1)(B)(i) of this titleIn entering into contracts under this subsection, the Director shall ensure that with respect to multi-State qualified health plans offered in an Exchange, there is at least one such plan that does not provide coverage of services described in .

(7)

Withdrawal

Approval of a contract under this subsection may be withdrawn by the Director only after notice and opportunity for hearing to the issuer concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5.

(b)

Eligibility

A health insurance issuer shall be eligible to enter into a contract under subsection (a)(1) if such issuer—

(1)

agrees to offer a multi-State qualified health plan that meets the requirements of subsection (c) in each Exchange in each State;

(2)

42 U.S.C. 300gg 3

3 See References in Text note below.

is licensed in each State and is subject to all requirements of State law not inconsistent with this section, including the standards and requirements that a State imposes that do not prevent the application of a requirement of part A of title XXVII of the Public Health Service Act [ et seq.] or a requirement of this title; 

(3)

section 8902(e) of title 5³ otherwise complies with the minimum standards prescribed for carriers offering health benefits plans under to the extent that such standards do not conflict with a provision of this title;  and

(4)

meets such other requirements as determined appropriate by the Director, in consultation with the Secretary.

(c)

Requirements for multi-State qualified health plan

(1)

In general

A multi-State qualified health plan meets the requirements of this subsection if, in the determination of the Director—

(A)

section 18022 of this title the plan offers a benefits package that is uniform in each State and consists of the essential benefits described in ;

(B)

³ the plan meets all requirements of this title  with respect to a qualified health plan, including requirements relating to the offering of the bronze, silver, and gold levels of coverage and catastrophic coverage in each State Exchange;

(C)

except as provided in paragraph (5), the issuer provides for determinations of premiums for coverage under the plan on the basis of the rating requirements of part A of title XXVII of the Public Health Service Act; and

(D)

March 23, 2010 the issuer offers the plan in all geographic regions, and in all States that have adopted adjusted community rating before .

(2)

States may offer additional benefits

Nothing in paragraph (1)(A) shall preclude a State from requiring that benefits in addition to the essential health benefits required under such paragraph be provided to enrollees of a multi-State qualified health plan offered in such State.

(3)

Credits

(A)

In general

section 36B of title 26 section 18071 of this titleAn individual enrolled in a multi-State qualified health plan under this section shall be eligible for credits under and cost sharing assistance under in the same manner as an individual who is enrolled in a qualified health plan.

(B)

No additional Federal cost

section 36B of title 26A requirement by a State under paragraph (2) that benefits in addition to the essential health benefits required under paragraph (1)(A) be provided to enrollees of a multi-State qualified health plan shall not affect the amount of a premium tax credit provided under with respect to such plan.

(4)

State must assume cost

A State shall make payments—

(A)

to an individual enrolled in a multi-State qualified health plan offered in such State; or

(B)

on behalf of an individual described in subparagraph (A) directly to the multi-State qualified health plan in which such individual is enrolled;

to defray the cost of any additional benefits described in paragraph (2).

(5)

Application of certain State rating requirements

With respect to a multi-State qualified health plan that is offered in a State with age rating requirements that are lower than 3:1, the State may require that Exchanges operating in such State only permit the offering of such multi-State qualified health plans if such plans comply with the State’s more protective age rating requirements.

(d)

Plans deemed to be certified

section 18031(d)(4)(A) of this titleA multi-State qualified health plan that is offered under a contract under subsection (a) shall be deemed to be certified by an Exchange for purposes of .

(e)

Phase-in

Notwithstanding paragraphs (1) and (2) of subsection (b), the Director shall enter into a contract with a health insurance issuer for the offering of a multi-State qualified health plan under subsection (a) if—

(1)

with respect to the first year for which the issuer offers such plan, such issuer offers the plan in at least 60 percent of the States;

(2)

with respect to the second such year, such issuer offers the plan in at least 70 percent of the States;

(3)

with respect to the third such year, such issuer offers the plan in at least 85 percent of the States; and

(4)

with respect to each subsequent year, such issuer offers the plan in all States.

(f)

Applicability

³The requirements under chapter 89 of title 5 applicable to health benefits plans under such chapter shall apply to multi-State qualified health plans provided for under this section to the extent that such requirements do not conflict with a provision of this title.

(g)

Continued support for FEHBP

(1)

Maintenance of effort

Nothing in this section shall be construed to permit the Director to allocate fewer financial or personnel resources to the functions of the Office of Personnel Management related to the administration of the Federal Employees Health Benefit Program under chapter 89 of title 5.

(2)

Separate risk pool

Enrollees in multi-State qualified health plans under this section shall be treated as a separate risk pool apart from enrollees in the Federal Employees Health Benefit Program under chapter 89 of title 5.

(3)

Authority to establish separate entities

The Director may establish such separate units or offices within the Office of Personnel Management as the Director determines to be appropriate to ensure that the administration of multi-State qualified health plans under this section does not interfere with the effective administration of the Federal Employees Health Benefit Program under chapter 89 of title 5.

(4)

Effective oversight

The Director may appoint such additional personnel as may be necessary to enable the Director to carry out activities under this section.

(5)

Assurance of separate program

In carrying out this section, the Director shall ensure that the program under this section is separate from the Federal Employees Health Benefit Program under chapter 89 of title 5. Premiums paid for coverage under a multi-State qualified health plan under this section shall not be considered to be Federal funds for any purposes.

(6)

FEHBP plans not required to participate

Nothing in this section shall require that a carrier offering coverage under the Federal Employees Health Benefit Program under chapter 89 of title 5 also offer a multi-State qualified health plan under this section.

(h)

Advisory board

The Director shall establish an advisory board to provide recommendations on the activities described in this section. A significant percentage of the members of such board shall be comprised of enrollees in a multi-State qualified health plan, or representatives of such enrollees.

(i)

Authorization of appropriations

There is authorized to be appropriated, such sums as may be necessary to carry out this section.

Pub. L. 111–148, title I, § 1334 Pub. L. 111–148, title X, § 10104(q)Mar. 23, 2010124 Stat. 902(, as added , , .)

Editorial Notes

References in Text

act July 1, 1944, ch. 373 58 Stat. 682 section 201 of this titleThe Public Health Service Act, referred to in subsecs. (b)(2) and (c)(1)(C), is , . Part A of title XXVII of the Act is classified generally to part A (§ 300gg et seq.) of subchapter XXV of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 111–148Mar. 23, 2010124 Stat. 130This title, referred to in subsecs. (b)(2), (3), (c)(1)(B), and (f), is title I of , , , which enacted this chapter and enacted, amended, and transferred numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables.

Codification

section 6101 of title 41 section 5 of title 41 Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In subsec. (a)(1), “” substituted for “, United States Code,” on authority of , , , which Act enacted Title 41, Public Contracts.