S.Amdt. 3217

SA 3217. Mrs. FEINSTEIN 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 131, between lines 2 and 3, insert the following:
(3) Presumption for existing small employer exchanges.--
(A) In general.--Notwithstanding the requirements of
subsection (d)(1), or other provisions of this Act, in the
case of an entity that--
(i) was approved by the appropriate agency of a State to
operate as the functional equivalent of a small employer
health benefit exchange under State law;
(ii) was fully operational as of January 1, 2010; and
(iii) had enrolled a minimum of 50,000 covered lives
through small business employers as of January 1, 2010, and
offers and administers coverage on behalf of a minimum of 3
unaffiliated health plans;

the Secretary shall deem such exchange to be a SHOP Exchange
for purposes of this title, unless the Secretary determines,
after completion of the process established under
subparagraph (B), that the exchange does not comply with the
standards for SHOP Exchanges under this section.
(B) Process.--The Secretary shall establish a process to
work with an entity described in subparagraph (A) to assist
the entity in achieving compliance with the requirements and
standards applicable to SHOP Exchanges under this title as
soon as practicable, but not later than January 1, 2014,
including the requirements of a SHOP Exchange to offer all
applicable private and public sector health care coverage
products and programs described in this title, including,
without limitation, the enrollment of small employers in all
such products and programs, and to service the premium
assistance and cost-sharing programs available under this
title to eligible small employers and their employees.
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