S.Amdt. 3148Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3148

Submitted December 10, 2009

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Senate amendment submitted

December 10, 2009

Text

Submitted

SA 3148. Mr. BARRASSO 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:

On page 396, between lines 8 and 9, insert the following:

[[Page S12944]]

Subtitle H--Sunset if Premiums Increase Too Rapidly

SEC. 1601. SUNSET.

(a) In General.--The following requirements shall not apply
to health insurance coverage and group health plans offered
in the individual or group market within a State during plan
years beginning after the sunset date with respect to that
market:
(1) Any requirement under section 1301 of this title,
section 2707 of the Public Health Service Act, or any other
provision of, or amendment made by, this title that a health
plan provide an essential health benefits package described
in section 1302(a) of this title, including any requirement
that the plan provide--
(A) for essential health benefits described in section
1302(b);
(B) in the case of a plan offered in the group market, an
annual limitation on the plan's deductible described in
section 1302(c)(2); and
(C) a level of coverage described in section 1302(d).
(2) The requirements of section 2701 of the Public Health
Service Act (relating to limits on premiums).
(b) Coordination With Qualified Health Plans and Premium
Tax Credits and Cost-Sharing Reductions.--In the case of a
State to which subsection (a) applies, the Secretary shall
establish procedures for establishing which health plans
shall be treated as qualified health plans for purposes of
the Exchanges established within such State. Such procedures
shall ensure that the aggregate amount of premium tax credits
under section 36B of the Internal Revenue Code of 1986 and
cost-sharing reductions under section 1402 with respect to
qualified health plans in the individual market within such
State does not exceed the aggregate amount of such credits
and reductions that would have been allowed if subsection (a)
did not apply to such State.
(c) Sunset Date.--For purposes of this section--
(1) In general.--The term ``sunset date'' means, with
respect to the individual or group market within a State, the
first date on which the applicable State authority determines
under paragraph (2) that the percentage increase in average
annual premiums within such market for a calendar year over
the preceding calendar year exceeds the percentage increase
for such period in the Consumer Price Index for all urban
consumers published by the Department of Labor.
(2) Determination.--The applicable State authority shall
for each calendar year after 2013 make the determination
described in paragraph (1).
(3) Applicable state authority.--The term ``applicable
State authority'' has the meaning given such term by section
2791(d)(1) of the Public Health Service Act.
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