Struck = removed from the bill ·
added = the amendment's new text.
PRINTER'SH2234B2977A04257 SFR:AAS 04/30/24 #90 A04257 AMENDMENTS TO HOUSE BILL NO.
29772234 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2234REPRESENTATIVE 2024KIM INTRODUCEDPrinter's BYNo. KIM, SCHLOSSBERG, HILL-EVANS, SANCHEZ, KOSIEROWSKI, HANBIDGE, HOWARD, MALAGARI, HADDOCK, CEPEDA- FREYTIZ, McANDREW, ABNEY, GIRAL, WARREN, VENKAT, T.
DAVIS,2977 KHAN,Amend GUENST,Bill, SHUSTERMAN,page MAYES,1, SIEGELline AND4, CERRATO,by APRILstriking 24,out 2024"and," REFERREDAmend TOBill, COMMITTEEpage ON1, INSURANCE,line APRIL5, 24,by 2024inserting ANafter ACT"authority" Amending; Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, in preliminary provisions relating to health definitions;
and, in State-basedreinsurance exchange,program, further providing for powersapplication andAmend dutiesBill, ofpage exchange3, authority.by inserting between lines 27 and 28 Section 3.
TheSection General9501(a) Assembly of theTitle Commonwealth40 ofis Pennsylvaniaamended herebyto enactsread: as follows:
Section§ 1.9501.
SectionApplication. 9103 of Title 40 of the Pennsylvania Consolidated Statutes is amended by adding a definition to read:
§(a) 9103.Application.--The department [is authorized to] shall apply to the United States Secretary of Health and Human Services under section 1332 of the Affordable Care Act (Public Law 111-148, 42 U.S.C.
Definitions.§ 18052) for a state innovation waiver to:
Subject(1) toWaive additionalany definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the followingAffordable wordsCare andAct phraseswith whenrespect usedto inhealth thisinsurance partcoverage shall have the meanings given to them in this sectionCommonwealth. unless the context clearly indicates otherwise:
"Affordability(2) assistanceEstablish program."a Thereinsurance affordability assistance program implementedin byaccordance thewith exchangean authorityapproved underwaiver. section 9305(b)(6) (relating to powers and duties of exchange authority).
*(3) *Maximize *Federal Sectionfunding 2.for the reinsurance program for plan years beginning on or after implementation of the program.
Section* 9305(b)(4)* and* (5)Amend ofBill, Titlepage 403, areline amended28, andby thestriking subsectionout is"3" amendedand byinserting adding4 a2024/90SFR/HB2234A04257 paragraph- to1 read:-
§ 9305.
Powers and duties of exchange authority.
* * * (b) Programmatic duties.--The exchange authority shall perform all duties necessary or appropriate to advance its purpose, including the following:
* * * (4) Assess and collect fees from on-exchange insurers to support the operation of the exchange under this chapter and either the reinsurance program established under section 9502(b) (relating to implementation of waiver and establishment of reinsurance program) or an affordability assistance program as described in paragraph (6), or both, 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).]:
(i) the reinsurance program established under section 9502(b);
(ii) an affordability assistance program in plan year 2025 as described in paragraph (6), provided that the commissioner determines that alternative funds are 20240HB2234PN2977 - 2 - available to fund the reinsurance program in a manner that satisfies the requirements of the Commonwealth's innovation waiver in accordance with section 1332 of the Affordable Care Act and transmits notice of the determination to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin;
or (iii) both the reinsurance program under subparagraph (i) and an affordability assistance program under subparagraph (ii).
(6) Implement an affordability assistance program in plan year 2025 to provide a net positive financial impact to consumers of on-exchange qualified plans in this Commonwealth.
The following apply:
(i) The affordability assistance program shall be designed to incentivize enrollment in on-exchange policies based on income or other eligibility criteria.
(ii) The provision of money or benefits accrued through the affordability assistance program may not constitute an entitlement derived from the Commonwealth or a claim on any other money of the Commonwealth.
(iii) The affordability assistance program shall be subject to all provisions of this chapter pertaining to the operations of the exchange authority and the exchange fund, including sections 9310 (relating to audits) and 9311 (relating to reports).
* * * Section 3.
This act shall take effect immediately.
20240HB2234PN2977 - 3 -