S.Amdt. 2910Senate111th Congress (2009-2011)2nd degree
S.Amdt. 2910
Sponsored by
Sen. Al Franken (D-MN)
Submitted December 4, 2009
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Senate amendment submitted
December 4, 2009
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Submitted
SA 2910. Mr. FRANKEN (for himself, Mr. Rockefeller, Mrs. Lincoln, Mr. Whitehouse, Mr. Leahy, Mr. Sanders, Mr. Brown, and Mr. Begich) submitted an amendment intended to be proposed to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes; which was ordered to lie on the table; as follows: After section 1003, insert the following: SEC. 1004. BRINGING DOWN THE COST OF HEALTH CARE COVERAGE. (a) In General.--Section 2718 of the Public Health Service Act, as added by section 1001, is amended to read as follows: ``SEC. 2718. BRINGING DOWN THE COST OF HEALTH CARE COVERAGE. ``(a) Clear Accounting for Costs.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall, with respect to each plan year, submit to the Secretary a report concerning the percentage of total premium revenue that such coverage expends-- ``(1) on reimbursement for clinical services provided to enrollees under such coverage; ``(2) for activities that improve health care quality; and ``(3) on all other non-claims costs, including an explanation of the nature of such costs, and excluding State taxes and licensing or regulatory fees. The Secretary shall make reports received under this section available to the public on the Internet website of the Department of Health and Human Services. ``(b) Ensuring That Consumers Receive Value for Their Premium Payments.-- ``(1) Requirement to provide value for premium payments.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall, with respect to each plan year, provide an annual rebate to each enrollee under such coverage, on a pro rata basis, in an amount that is equal to the amount by which premium revenue expended by the plan or issuer on activities described in subsection (a)(3) exceeds 10 percent, or such lower percentage as a State may by regulation determine. ``(2) Consideration in setting percentages.--In determining the percentages under paragraph (1), a State shall seek to ensure adequate participation by group health plans and health insurance issuers, competition in the health insurance market in the State, and value for consumers so that premiums are used for clinical services and quality improvements. ``(3) Enforcement.--The Secretary shall promulgate regulations for enforcing the provisions of this section and may provide for appropriate penalties. ``(c) Standard Hospital Charges.--Each hospital operating within the United States shall for each year establish (and update) and make public (in accordance with guidelines developed by the Secretary) a list of the hospital's standard charges for items and services provided by the hospital, including for diagnosis-related groups established under section 1886(d)(4) of the Social Security Act. ``(d) Definitions.--Not later than December 31, 2010, the Secretary, in consultation with the National Association of Insurance Commissioners, shall establish uniform definitions of the activities reported under subsection (a) and standardized methodologies for calculating measures of such activities.''. (b) Technical Amendments.-- (1) ERISA.--Section 715(b) of the Employee Retirement Income Security Act, as amended by section 1562(e), is further amended by striking ``sections 2716 and 2718'' and inserting ``section 2716''. (2) IRC.--Section 9815(b) of the Internal Revenue Code of 1986 is amended by striking ``sections 2716 and 2718'' and inserting ``section 2716''. ______