S. 764Senate113th Congress (2013-2015)In Committee

Patients' Right to Know Act of 2013

Introduced April 18, 2013

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S2799-2800)

April 18, 2013

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SenateIntro Referral

Introduced in Senate

April 18, 2013

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S2799-2800)

April 18, 2013

Floor Debate

3 members

What members said about S. 764 on the floor

1 Republican2 Democrats
Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Apr 18, 2013

Mr. President, today marks an important day in history as our nation continues to honor the sesquicentennial of the Civil War. There are many landmarks in my hometown of Baltimore that are…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 18, 2013

Mr. President, I rise today to introduce America's Red Rock Wilderness Act of 2013. This legislation continues our commitment to preserve natural resources in this country. America's Red Rock…

John Cornyn
Sen. John CornynR-TX · Apr 18, 2013

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

John Cornyn
Sen. John CornynR-TX · Apr 18, 2013

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 18, 2013

II

113th CONGRESS

1st Session

S. 764

IN THE SENATE OF THE UNITED STATES

April 18, 2013

Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend title XXVII of the Public Health Service Act to require the disclosure of information regarding how certain taxes and fees impact the amount of premiums, and for other purposes.

1.

Short title

This Act may be cited as the Patients' Right to Know Act of 2013.

2.

Disclosure of health insurance information to consumers

(a)

In general

Section 2715 of the Public Health Service Act (42 U.S.C. 300gg–15) is amended by adding at the end the following new subsection:

(h)

Disclosure of health insurance information to consumers

(1)

In general

A health insurance issuer or sponsor of a group health plan, through its annual summary of benefits and coverage explanation provided under subsection (d), through an Internet website, or through some other written means of communication with the consumer such as a printed mailing—

(A)

shall include the disclosure (effective for plan years beginning on or after January 1, 2016, and in addition to the information required to be disclosed under this section) of—

(i)

the applicable additional information relating to fees described in paragraph (2); and

(ii)

the applicable additional information included under paragraph (3)(D); and

(B)

shall not be subject to any administrative action by the Secretary or by a State authority with respect to any disclosure made on or after the date of the enactment of this subsection of such applicable additional information if the disclosure is made based upon a good faith estimates of such information and is in accordance with such standards as the Secretary may establish to carry out this subsection.

(2)

Fee information

The additional information described in this paragraph, with respect to a health insurance issuer issuing health insurance coverage in the individual, small, or large group market and with respect to the sponsor of a group health plan, is as follows:

(A)

Fee on health insurance providers

The annual fee on health insurance providers under section 9010 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note).

(B)

PCORI Tax

Fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to funding the Patient-Centered Outcome Research Institute).

(C)

Reinsurance contributions

Reinsurance contributions required under section 1341(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18061(b)).

(D)

Proposed health insurance exchange user fee

Fees imposed on health plans relating to participation in an Exchange under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.).

(E)

Risk corridor payments

Risk corridor payments required under section 1342(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18062(b)(2)).

(F)

Risk adjustment charges

Risk adjustment charges imposed under section 1343(a)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18063(a)(1)).

In the case of health insurance coverage, such costs may be calculated separately for such coverage in the individual market, in the small group market, and in the large group market for the health insurance issuer involved.
(3)

Other information

(A)

Study

The Comptroller General of the United States shall conduct a study of methods of calculating the impact on average premium costs associated with each of the following:

(i)

Market impact of guaranteed issue and community rating

The requirement for guaranteed issuance of coverage under section 2702 and community rated premiums under section 2701.

(ii)

Age rating impact

The requirement of section 2701(a)(1)(A)(iii) (relating to limitations on age rating).

(iii)

Preventive services

The requirement for coverage of preventive services under section 2713.

(iv)

Minimum essential health benefits coverage

The requirement that coverage provide for at least 60 percent of the actuarial value of essential health benefits under section 1302(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)).

(B)

Consultation

In conducting such study, the Comptroller General shall consult with health insurance issuers and State health insurance commissioners.

(C)

Report

Not later than October 1, 2014, the Comptroller General shall submit to each House of Congress and the Secretary a report on the study conducted under subparagraph (A).

(D)

Inclusion of additional information

After submission of such report, the Secretary may also include in the information required to be disclosed under paragraph (1)(A)(ii) information on the impact on premiums of each of the requirements described in subparagraph (A).

(4)

Retention of State rate setting authority

Nothing in this subsection shall be construed to preempt State authority to regulate, reject, alter, or require additional information in support of rates for health insurance coverage or oversight authority of the Secretary.

(5)

Disclosure to the general public

The Secretary shall make the information provided by a health insurance issuer or sponsor of a group health plan as specified in paragraph (2) and additional information included under paragraph (3)(D) available to the general public through an Internet website. In addition, such website shall include information provided in the report submitted under paragraph (3)(A).

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