S.Amdt. 3968Senate119th Congress (2025-2027)
S.Amdt. 3968
Sponsored by
Sen. Dan Sullivan (R-AK)
Submitted December 11, 2025
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Senate amendment submitted
December 11, 2025
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SA 3968. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 3386, to provide a health savings account contribution to certain enrollees, to reduce health care costs, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE IV--STABILITY ACT OF 2025 SEC. 401. EXTENSION AND MODIFICATION OF ENHANCED PREMIUM TAX CREDITS. (a) Household Income Limitation.--Section 36B(c)(1)(E) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``2025.--In the case of'' and inserting the following: ``2025.-- ``(i) In general.--In the case of'', (2) by adding at the end the following new clause: ``(ii) Special rule for 2026 and 2027.--In the case of any taxable year beginning after December 31, 2025, and before January 1, 2028, subparagraph (A) shall be applied by substituting `600 percent' for `400 percent'.'', and (3) in the heading-- (A) by striking ``rule'' and inserting ``rules'', and (B) by striking ``2025'' in the heading and inserting ``2027''. (b) Applicable Percentage.--Section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (iii)-- (A) by striking ``January 1, 2026'' and inserting ``January 1, 2028, except as provided in clauses (iv) and (v)'', and (B) by striking ``2025'' in the heading and inserting ``2027'', and (2) by adding at the end the following new clauses: ``(iv) Special rule for 2026 and 2027.--In the case of any taxable year beginning after December 31, 2025, and before January 1, 2028, the table contained in clause (iii)(II) shall be applied by adjusting the premium percentages such that applicable taxpayers whose household income (expressed as a percent of poverty line) is less than 150 percent receive a premium assistance amount with respect to any coverage month which is equal to the monthly premiums described in paragraph (2)(A) with respect to the taxpayer, reduced by $5. ``(v) Special rules for 2027.--In the case of any taxable year beginning after December 31, 2026, and before January 1, 2028, the table contained in clause (iii)(II) shall be applied as provided in clause (iv) and by adjusting the premium percentages such that-- ``(I) for applicable taxpayers whose household income (so expressed) is 400 percent up to 500 percent, the final premium percentage is 10 percent, and ``(II) for applicable taxpayers whose household income (so expressed) is 500 percent up to 600 percent, the initial premium percentage is 10 percent and the final premium percentage is 12 percent.''. (c) Coverage for Aliens Not Lawfully Present.--Clause (i) of section 36B(c)(3)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``shall not include a qualified health plan'' and inserting ``shall not include-- ``(I) a qualified health plan'', (2) by striking the period at the end and inserting ``, and'', and (3) by adding at the end the following new subclause: ``(II) any health plan that offers coverage to aliens not lawfully present in the United States.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2025. SEC. 402. ENFORCEMENT ACTIONS AGAINST LEAD AGENTS FOR FEDERAL EXCHANGE AGENTS AND BROKERS. Section 1312(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(e)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (2) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (3) by adding at the end the following: ``(2) Enforcement with respect to lead agents for federal exchange agents and brokers.-- ``(A) In general.--If the Secretary determines that an agent or broker has failed to comply with the requirements applicable to agents and brokers engaged in the activities described in paragraph (1) with respect to an Exchange operating pursuant to section 1321(c), in addition to any remedies available with respect to the agent or broker as an entity, any lead agent of such agent or broker-- ``(i) may be disqualified from serving as a lead agent with respect to any subsequent agreement between an agent or broker and any such Exchange; and ``(ii) may be subject to civil money penalties as described in section 155.285 of title 45, Code of Federal Regulations (or any successor regulations). ``(B) Definition.--For purposes of this paragraph, the term `lead agent' means an executive or other individual with a leadership role with an agent or broker described in paragraph (1).''. SEC. 403. STANDARD FOR TERMINATION OF AGREEMENTS BETWEEN FEDERAL EXCHANGES AND AGENTS AND BROKERS. Section 1312(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(e)), as amended by this Act, is further amended by adding at the end the following: ``(3) Termination of agreements with federal exchanges.-- ``(A) In general.--The Secretary may terminate an agreement between an Exchange operating pursuant to section 1321(c) and an agent or broker described in paragraph (1) for cause if the Secretary determines, by the preponderance of the evidence, that the agent or broker violated-- ``(i) any standard established by regulation and applicable to the agent or broker; ``(ii) any term or condition of the agreement with the Exchange; or ``(iii) any Federal or State law applicable to agents and brokers. ``(B) Definition.--For purposes of this paragraph, the term `preponderance of the evidence' means proof by evidence that, compared with evidence opposing it, leads to the conclusion that the fact at issue is more likely true than not.''. SEC. 404. VERIFYING ELIGIBILITY OF ENROLLEES. Section 1311(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)) is amended by adding at the end the following: ``(8) Quarterly verification against death master file.-- ``(A) In general.--An Exchange shall, not less frequently than quarterly, conduct a check of the Death Master File (as such term is defined in section 203(d) of the Bipartisan Budget Act of 2013) to determine whether any individual enrolled in a qualified health plan through the Exchange is deceased. ``(B) Required actions.--If the Exchanges determines through a check conducted pursuant to subparagraph (A) that any such individual is deceased, the Exchange shall-- ``(i) in the case of such an individual enrolled in an individual plan, disenroll the individual; and ``(ii) in the case of such an individual enrolled in a family plan, contact the estate of the deceased individual to provide for the disenrollment of such individual while ensuring that other qualified individuals enrolled in the same family plan are not disenrolled. ``(C) Notification to the secretary.--The Exchange shall report any disenrollment of an individual pursuant to clause (i) or (ii) of subparagraph (B) to the Secretary. The Secretary shall provide a process for appeals of disenrollment determinations under this paragraph.''. ______