S. 2337Senate110th Congress (2007-2009)In Committee

Long-Term Care Affordability and Security Act of 2007

Introduced November 13, 2007

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S14290)

November 13, 2007

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SenateIntro Referral

Introduced in Senate

November 13, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S14289-14290)

November 13, 2007

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S14290)

November 13, 2007

Floor Debate

17 members

What members said about S. 2337 on the floor

5 Republicans12 Democrats
Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 5, 2007

Mr. President, families across America are facing serious challenges in today's global economy. The value of their wages is declining, the cost of living is going up, and many of their jobs are being…

Jim Webb
Sen. Jim WebbD-VA · Mar 5, 2007

Mr. President, I rise today to introduce legislation that will prohibit the use of funds for military operations in Iran without congressional authorization. The purpose of this legislation is to…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jul 24, 2008

Mr. President, I am pleased to join my colleague Senator Kerry today to introduce the Empowered at Home Act. This bill is a continuation of efforts that I undertook in 2005 to improve access to home…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Mar 5, 2007

Mr. President, I rise today in support of the America COMPETES Act. I am pleased to join Senators Reid and McConnell in introducing this bipartisan bill that addresses the challenges in keeping the…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 5, 2007

Mr. President, no one has worked harder or sacrificed more in the war on terrorism than our soldiers, sailors, airmen, and Marines. Regrettably, they have been tested in unprecedented ways--with too…

Show 8 more
John F. Kerry
Sen. John F. KerryD-MA · Jul 24, 2008

Mr. President, every day millions of Americans are faced with significant challenges when it comes to meeting their own personal needs or caring for a loved one who needs significant support. Many…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 24, 2008

Mr. President, I rise today to introduce legislation designed to make it easier for students to reach college and to succeed in college. An educated workforce is crucial to the success of the…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Mar 5, 2007

Mr. President. I rise today to introduce a bill that would further expand the definition of anabolic steroids under the Controlled Substances Act to include DHEA. I am pleased to be joined in this…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Mar 5, 2007

Mr. President, I rise today to reintroduce legislation to help ensure that American students are competitive in today's global economy. If approved, The National Mathematics and Science Consistency…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jul 24, 2008

Mr. President, before I was a Senator, I was a prosecutor, as the Chittenden County State's Attorney for 8 years, I prosecuted all varieties of crime in Vermont. I know first hand how important it is…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Jul 24, 2008

Mr. President, the United States has been the most innovative, technologically capable economy in the world. Yet our science, technology, engineering, and mathematics, STEM, education system is…

Arlen Specter
Sen. Arlen SpecterR-PA · Jul 24, 2008

Mr. President, I am pleased to speak today on the introduction of the Enforcement of Intellectual Property Rights Act of 2008, which I am sponsoring with Senator Leahy. The United States has always…

Max Baucus
Sen. Max BaucusD-MT · Jul 24, 2008

Mr. President, I am pleased today to join with my friend Senator Crapo to introduce an important piece of legislation that would help to strengthen the financial health of America's firearm and…

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Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 24, 2008

Mr. President, I rise today to introduce legislation to stimulate domestic film production and create jobs. I am pleased to be joined by my colleague from Oregon, Senator Gordon Smith. Our bill, the…

Jack Reed
Sen. Jack ReedD-RI · Nov 13, 2007

Mr. President, today I introduce the Real Estate Transparency Act of 2007. This bill would amend the Real Estate Settlement Practices Act of 1974 to improve the early loan disclosures given to those…

John Barrasso
Sen. John BarrassoR-WY · Nov 13, 2007

Mr. President, I would like to take a few minutes today to discuss the issue of giving legal government documents to people who are in the United States illegally. There is no question our…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Nov 13, 2007

Mr. President, almost a year ago, we passed a Homeland Security Appropriations bill. Included in that very large piece of legislation was a small provision that probably went beneath most people's…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Nov 13, 2007

Mr. President, today I come to the floor to report the FHA Modernization Act of 2007. This is vitally important legislation, and I want to take a moment to express my thanks to Senator Martinez for…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Mar 5, 2007

Mr. President, I am delighted to join our distinguished Majority and Minority Leaders in introducing and cosponsoring the America COMPETES Act. This is an essential and important first step in…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Nov 13, 2007

Mr. President, youth aging out of foster care constitute one of our Nation's most vulnerable populations. Not only do these young people carry wih them histories of child abuse and neglect, but they…

Ted Stevens
Sen. Ted StevensR-AK · Jul 24, 2008

Mr. President, currently, annual catch limits for subsistence whaling by Alaskan natives is set through periodic negotiations of the international whaling commission. In setting the quota, the IWC…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 5, 2007

Mr. President, I rise today to introduce S.J. Res. 5, honoring the valor of General Casimir Pulaski, who made the ultimate sacrifice in pursuit of American freedom. This Resolution would grant…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Nov 13, 2007

Mr. President, Saturday, November 10, marked the last day of Long-Term Care Awareness Week--this was a week where our Nation recognized that now more than ever, Americans need to pay attention to…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Nov 13, 2007

Mr. President, Saturday, November 10, marked the last day of Long-Term Care Awareness Week--this was a week where our Nation recognized that now more than ever, Americans need to pay attention to…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued November 13, 2007

II

110th CONGRESS

1st Session

S. 2337

IN THE SENATE OF THE UNITED STATES

November 13, 2007

Mr. Grassley (for himself, Mrs. Lincoln, Ms. Snowe, Ms. Stabenow, and Mr. Smith) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to allow long-term care insurance to be offered under cafeteria plans and flexible spending arrangements and to provide additional consumer protections for long-term care insurance.

1.

Short title

This Act may be cited as the Long-Term Care Affordability and Security Act of 2007.

2.

Treatment of premiums on qualified long-term care insurance contracts

(a)

In general

(1)

Cafeteria plans

The last sentence of section 125(f) of the Internal Revenue Code of 1986 (defining qualified benefits) is amended by inserting before the period at the end ; except that such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract.

(2)

Flexible spending arrangements

Section 106 of such Code (relating to contributions by an employer to accident and health plans) is amended by striking subsection (c) and redesignating subsection (d) as subsection (c).

(b)

Conforming amendments

(1)

Section 6041 of such Code is amended by adding at the end the following new subsection:

(h)

Flexible spending arrangement defined

For purposes of this section, a flexible spending arrangement is a benefit program which provides employees with coverage under which—

(1)

specified incurred expenses may be reimbursed (subject to reimbursement maximums and other reasonable conditions), and

(2)

the maximum amount of reimbursement which is reasonably available to a participant for such coverage is less than 500 percent of the value of such coverage.

In the case of an insured plan, the maximum amount reasonably available shall be determined on the basis of the underlying coverage.

.

(2)

The following sections of such Code are each amended by striking section 106(d) and inserting section 106(c): sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11), 3306(b)(18), 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i).

(3)

Section 6041(f)(1) of such Code is amended by striking (as defined in section 106(c)(2)).

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

3.

Additional consumer protections for long-term care insurance

(a)

Additional protections applicable to long-term care insurance

Subparagraphs (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986 (relating to requirements of model regulation and Act) are amended to read as follows:

(A)

In general

The requirements of this paragraph are met with respect to any contract if such contract meets—

(i)

Model regulation

The following requirements of the model regulation:

(I)

Section 6A (relating to guaranteed renewal or noncancellability), other than paragraph (5) thereof, and the requirements of section 6B of the model Act relating to such section 6A.

(II)

Section 6B (relating to prohibitions on limitations and exclusions) other than paragraph (7) thereof.

(III)

Section 6C (relating to extension of benefits).

(IV)

Section 6D (relating to continuation or conversion of coverage).

(V)

Section 6E (relating to discontinuance and replacement of policies).

(VI)

Section 7 (relating to unintentional lapse).

(VII)

Section 8 (relating to disclosure), other than sections 8F, 8G, 8H, and 8I thereof.

(VIII)

Section 11 (relating to prohibitions against post-claims underwriting).

(IX)

Section 12 (relating to minimum standards).

(X)

Section 13 (relating to requirement to offer inflation protection).

(XI)

Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates).

(XII)

The provisions of section 28 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4) of this subsection.

(ii)

Model Act

The following requirements of the model Act:

(I)

Section 6C (relating to preexisting conditions).

(II)

Section 6D (relating to prior hospitalization).

(III)

The provisions of section 8 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4) of this subsection.

(B)

Definitions

For purposes of this paragraph—

(i)

Model regulation

The term model regulation means the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners (as adopted as of December 2006).

(ii)

Model Act

The term model Act means the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners (as adopted as of December 2006).

(iii)

Coordination

Any provision of the model regulation or model Act listed under clause (i) or (ii) of subparagraph (A) shall be treated as including any other provision of such regulation or Act necessary to implement the provision.

(iv)

Determination

For purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary.

.

(b)

Excise tax

Paragraph (1) of section 4980C(c) of the Internal Revenue Code of 1986 (relating to requirements of model provisions) is amended to read as follows:

(1)

Requirements of model provisions

(A)

Model regulation

The following requirements of the model regulation must be met:

(i)

Section 9 (relating to required disclosure of rating practices to consumer).

(ii)

Section 14 (relating to application forms and replacement coverage).

(iii)

Section 15 (relating to reporting requirements).

(iv)

Section 22 (relating to filing requirements for marketing).

(v)

Section 23 (relating to standards for marketing), including inaccurate completion of medical histories, other than paragraphs (1), (6), and (9) of section 23C.

(vi)

Section 24 (relating to suitability).

(vii)

Section 27 (relating to the right to reduce coverage and lower premiums).

(viii)

Section 31 (relating to standard format outline of coverage).

(ix)

Section 32 (relating to requirement to deliver shopper’s guide).

The requirements referred to in clause (vi) shall not include those portions of the personal worksheet described in Appendix B relating to consumer protection requirements not imposed by section 4980C or 7702B.
(B)

Model Act

The following requirements of the model Act must be met:

(i)

Section 6F (relating to right to return).

(ii)

Section 6G (relating to outline of coverage).

(iii)

Section 6H (relating to requirements for certificates under group plans).

(iv)

Section 6J (relating to policy summary).

(v)

Section 6K (relating to monthly reports on accelerated death benefits).

(vi)

Section 7 (relating to incontestability period).

(vii)

Section 9 (relating to producer training requirements).

(C)

Definitions

For purposes of this paragraph, the terms model regulation and model Act have the meanings given such terms by section 7702B(g)(2)(B).

.

(c)

Effective date

The amendments made by this section shall apply to policies issued more than 1 year after the date of the enactment of this Act.