United States Code

42 U.S.C. § 18032

Consumer choice

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Bills that would change it 63

  • HR 8840 Fair Care Act of 2026 Amends 18032(d)(3)(D) · introduced · 119th Congress
  • HR 7860 Stop ACA Enrollment Fraud Act of 2026 Amends 18032(e) · introduced · 119th Congress
  • HR 7023 Affordable CHOICE Act Amends its part · introduced · 119th Congress
  • S 3599 Affordable CHOICE Act Amends its part · introduced · 119th Congress
  • S 3386 Health Care Freedom for Patients Act of 2025 Amends 18032(c)(1), 18032(d)(3)(C) · introduced · 119th Congress
  • HR 6575 CommonGround for Affordable Health Care Act Amends 18032(e) · introduced · 119th Congress
  • HR 6512 Putting Patients First Healthcare Freedom Act Amends 18032(c)(1) · introduced · 119th Congress
  • HR 6501 Bipartisan Health Insurance Affordability Act Amends 18032(e) · introduced · 119th Congress
  • HR 6494 Territories Health Equity Act of 2025 Amends its part · introduced · 119th Congress
  • HRES 902 Providing for consideration of the bill (H.R. 185) to advance responsible policies. Amends 18032(e) · introduced · 119th Congress
  • HR 6232 HOPE Act Amends 18032(e) · introduced · 119th Congress
  • HR 6010 To amend the Internal Revenue Code of 1986 to extend and modify the enhanced premium tax credit, and for other purposes. Amends 18032(e) · introduced · 119th Congress
  • S 976 Insurance Fraud Accountability Act Amends 18032(e) · introduced · 119th Congress
  • HR 4104 Health Equity and Access under the Law for Immigrant Families Act of 2025 Amends 18032(f) · introduced · 119th Congress
  • S 2149 Health Equity and Access under the Law for Immigrant Families Act of 2025 Amends 18032(f) · introduced · 119th Congress
  • HR 2079 Insurance Fraud Accountability Act Amends 18032(e) · introduced · 119th Congress
  • HR 1776 New Health Options Act of 2025 Amends 18032(c)(1) · introduced · 119th Congress
  • HR 746 America First Act Amends 18032(f) · introduced · 119th Congress
  • S 62 America First Act Amends 18032(f) · introduced · 119th Congress
  • HR 127 Protection from Obamacare Mandates and Congressional Equity Act Amends 18032(d)(3)(D) · introduced · 119th Congress
  • HR 4303 Abortion Justice Act of 2023 Amends 18032(f) · introduced · 118th Congress
  • HR 5008 HEAL for Immigrant Families Act of 2023 Amends 18032(f) · introduced · 118th Congress
  • HR 127 Protection from Obamacare Mandates and Congressional Equity Act Amends 18032(d)(3)(D) · introduced · 118th Congress
  • HR 1029 Territories Health Equity Act of 2023 Amends its part · introduced · 118th Congress
  • HR 4727 No Obamacare for Illegal Aliens Act of 2023 Amends 18032(f)(3) · introduced · 118th Congress
  • HR 9020 CHOICE Act Consumer Health Options and Insurance Competition Enhancement Act Amends its part · introduced · 118th Congress
  • S 2374 No Obamacare for Illegal Aliens Act Amends 18032(f)(3) · introduced · 118th Congress
  • S 2646 HEAL for Immigrant Families Act of 2023 Amends 18032(f) · introduced · 118th Congress
  • HR 8588 Fair Care Act of 2022 Amends 18032(d)(3)(D) · introduced · 117th Congress
  • HR 7585 Health Equity and Accountability Act of 2022 Amends 18032(f) · introduced · 117th Congress
  • S 4486 Health Equity and Accountability Act of 2022 Amends 18032(f) · introduced · 117th Congress
  • HR 2713 Territorial Equity Act of 2021 Amends its part · introduced · 117th Congress
  • HR 3434 Territories Health Equity Act of 2021 Amends its part · introduced · 117th Congress
  • S 1660 HEAL for Immigrant Families Act of 2021 Amends 18032(f) · introduced · 117th Congress
  • HR 3149 HEAL for Immigrant Families Act of 2021 Amends 18032(f) · introduced · 117th Congress
  • S 1228 Territorial Equity Act of 2021 Amends its part · introduced · 117th Congress
  • S 983 CHOICE Act Amends its part · introduced · 117th Congress
  • HR 64 Protection from Obamacare Mandates and Congressional Equity Act Amends 18032(d)(3)(D) · introduced · 117th Congress
  • HR 1425 Patient Protection and Affordable Care Enhancement Act Amends 18032(f)(3) · introduced · 116th Congress
  • HR 4701 HEAL for Immigrant Women and Families Act of 2019 Amends 18032(f) · introduced · 116th Congress
  • S 1773 Territories Health Equity Act of 2019 Amends its part · introduced · 116th Congress
  • S 1213 Consumer Health Insurance Protection Act of 2019 Amends its part 18032(c), 18032(c)(6) · introduced · 116th Congress
  • HR 1332 Fair Care Act of 2019 Amends 18032(d)(3)(D) · introduced · 116th Congress
  • HR 1354 Territories Health Equity Act of 2019 Amends its part · introduced · 116th Congress
  • HR 90 Protection from Obamacare Mandates and Congressional Equity Act Amends 18032(d)(3)(D) · introduced · 116th Congress
  • HR 456 Care for All Act of 2019 Amends 18032(d)(3)(C) · introduced · 116th Congress
  • HR 5942 Health Equity and Accountability Act of 2018 Amends 18032(f) · introduced · 115th Congress
  • HR 6050 Increasing Access to Care Act Amends 18032(c)(1), 18032(d)(3)(C) · introduced · 115th Congress
  • HR 4782 Puerto Rico and Virgin Islands Equitable Rebuild Act of 2018 Amends its part · introduced · 115th Congress
  • S 2582 Consumer Health Insurance Protection Act of 2018 Amends its part 18032(c), 18032(c)(6) · introduced · 115th Congress

Showing the 50 most recently active.

The law today

From the official United States Code, current through Public Law 119-121.

(a) Choice (1) Qualified individuals A qualified individual may enroll in any qualified health plan available to such individual and for which such individual is eligible. (2) Qualified employers (A) Employer may specify level A qualified employer may provide support for coverage of employees under a qualified health plan by selecting any level of coverage under section 18022(d) of this title to be made available to employees through an Exchange. (B) Employee may choose plans within a level Each employee of a qualified employer that elects a level of coverage under subparagraph (A) may choose to enroll in a qualified health plan that offers coverage at that level. (b) Payment of premiums by qualified individuals A qualified individual enrolled in any qualified health plan may pay any applicable premium owed by such individual to the health insurance issuer issuing such qualified health plan. (c) Single risk pool (1) Individual market A health insurance issuer shall consider all enrollees in all health plans (other than grandfathered health plans) offered by such issuer in the individual market, including those enrollees who do not enroll in such plans through the Exchange, to be members of a single risk pool. (2) Small group market A health insurance issuer shall consider all enrollees in all health plans (other than grandfathered health plans) offered by such issuer in the small group market, including those enrollees who do not enroll in such plans through the Exchange, to be members of a single risk pool. (3) Merger of markets A State may require the individual and small group insurance markets within a State to be merged if the State determines appropriate. (4) State law A State law requiring grandfathered health plans to be included in a pool described in paragraph (1) or (2) shall not apply. (d) Empowering consumer choice (1) Continued operation of market outside Exchanges Nothing in this title 1 shall be construed to prohibit— (A) a health insurance issuer from offering outside of an Exchange a health plan to a qualified individual or qualified employer; and (B) a qualified individual from enrolling in, or a qualified employer from selecting for its employees, a health plan offered outside of an Exchange. (2) Continued operation of State benefit requirements Nothing in this title 1 shall be construed to terminate, abridge, or limit the operation of any requirement under State law with respect to any policy or plan that is offered outside of an Exchange to offer benefits. (3) Voluntary nature of an Exchange (A) Choice to enroll or not to enroll Nothing in this title 1 shall be construed to restrict the choice of a qualified individual to enroll or not to enroll in a qualified health plan or to participate in an Exchange. (B) Prohibition against compelled enrollment Nothing in this title 1 shall be construed to compel an individual to enroll in a qualified health plan or to participate in an Exchange. (C) Individuals allowed to enroll in any plan A qualified individual may enroll in any qualified health plan, except that in the case of a catastrophic plan described in section 18022(e) of this title, a qualified individual may enroll in the plan only if the individual is eligible to enroll in the plan under section 18022(e)(2) of this title. (D) Members of Congress in the Exchange (i) Requirement Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the Federal Government may make available to Members of Congress and congressional staff with respect to their service as a Member of Congress or congressional staff shall be health plans that are— (I) created under this Act (or an amendment made by this Act); or (II) offered through an Exchange established under this Act (or an amendment made by this Act). (ii) Definitions In this section: (I) Member of Congress The term “Member of Congress” means any member of the House of Representatives or the Senate. (II) Congressional staff The term “congressional staff” means all full-time and part-time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC. (4) No penalty for transferring to minimum essential coverage outside Exchange An Exchange, or a qualified health plan offered through an Exchange, shall not impose any penalty or other fee on an individual who cancels enrollment in a plan because the individual becomes eligible for minimum essential coverage (as defined in section 5000A(f) of title 26 without regard to paragraph (1)(C) or (D) thereof) or such coverage becomes affordable (within the meaning of section 36B(c)(2)(C) of such title). (e) Enrollment through agents or brokers The Secretary shall establish procedures under which a State may allow agents or brokers— (1) to enroll individuals and employers in any qualified health plans in the individual or small group market as soon as the plan is offered through an Exchange in the State; and (2) to assist individuals in applying for premium tax credits and cost-sharing reductions for plans sold through an Exchange. (f) Qualified individuals and employers; access limited to citizens and lawful residents (1) Qualified individuals In this title: 1 (A) In general The term “qualified individual” means, with respect to an Exchange, an individual who— (i) is seeking to enroll in a qualified health plan in the individual market offered through the Exchange; and (ii) resides in the State that established the Exchange. (B) Incarcerated individuals excluded An individual shall not be treated as a qualified individual if, at the time of enrollment, the individual is incarcerated, other than incarceration pending the disposition of charges. (2) Qualified employer In this title: 1 (A) In general The term “qualified employer” means a small employer that elects to make all full-time employees of such employer eligible for 1 or more qualified health plans offered in the small group market through an Exchange that offers qualified health plans. (B) Extension to large groups (i) In general Beginning in 2017, each State may allow issuers of health insurance coverage in the large group market in the State to offer qualified health plans in such market through an Exchange. Nothing in this subparagraph shall be construed as requiring the issuer to offer such plans through an Exchange. (ii) Large employers eligible If a State under clause (i) allows issuers to offer qualified health plans in the large group market through an Exchange, the term “qualified employer” shall include a large employer that elects to make all full-time employees of such employer eligible for 1 or more qualified health plans offered in the large group market through the Exchange. (3) Access limited to lawful residents If an individual is not, or is not reasonably expected to be for the entire period for which enrollment is sought, a citizen or national of the United States or an alien lawfully present in the United States, the individual shall not be treated as a qualified individual and may not be covered under a qualified health plan in the individual market that is offered through an Exchange.
Official text at uscode.house.gov ↗