S. 1667Senate115th Congress (2017-2019)In Committee

Protecting Consumers from Unreasonable Rates Act

Introduced July 27, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:31 PM UTC

The Protecting Consumers from Unreasonable Rates Act amends the Public Health Service Act to give the federal government and states clearer authority to review health‑insurance rates and stop excessive, unjustified, or discriminatory price hikes. It creates a process for rate reviews, corrective actions and penalties, affecting health‑insurance issuers, consumers, and state insurance regulators.

Key Provisions

  • Adds a new subsection that lets states impose their own, more protective rate‑review requirements in addition to federal rules.
  • Requires the HHS Secretary to consult with the National Association of Insurance Commissioners and consumer groups when reviewing rates.
  • Mandates the Secretary to decide, for each state market, whether the state regulator or the federal government will conduct corrective actions based on the regulator’s adequacy.
  • Allows corrective actions such as denying the proposed rate, modifying it, or requiring rebates to consumers before the rate takes effect.
  • Sets civil penalties for non‑compliance and permits the Secretary to make a plan ineligible as a Qualified Health Plan if needed.
  • Updates language throughout the Act to refer to “rates” rather than “premiums” and makes related conforming amendments.
  • Extends the new rate‑review protections to grandfathered ACA plans.
  • Appropriates necessary funds and sets the effective date as the enactment date, with implementation required for plans starting no later than Jan. 1, 2018.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4430-4431)

July 27, 2017

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SenateIntro Referral

Introduced in Senate

July 27, 2017

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4430-4431)

July 27, 2017

Floor Debate

5 members

What members said about S. 1667 on the floor

1 Republican4 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 27, 2017

Mr. President, I rise today to introduce the Protecting Consumers from Unreasonable Rates Act. This critical health care reform bill would address the soaring cost of insurance premiums. Many factors…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 27, 2017

Mr. President, I rise today to introduce the Protecting Consumers from Unreasonable Rates Act. This critical health care reform bill would address the soaring cost of insurance premiums. Many factors…

Jack Reed
Sen. Jack ReedD-RI · Jul 27, 2017

Mr. President, today I am joined by Senators Casey, Gillibrand, Hassan, and Whitehouse to introduce the Layoff Prevention Act of 2017. This bill renews and extends Federal support for State…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 27, 2017

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

John Cornyn
Sen. John CornynR-TX · Jul 27, 2017

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

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Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 27, 2017

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 July 27, 2017

II

115th CONGRESS

1st Session

S. 1667

IN THE SENATE OF THE UNITED STATES

July 27, 2017

Mrs. Feinstein (for herself and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Public Health Service Act to provide protections for consumers against excessive, unjustified, or unfairly discriminatory increases in premium rates.

1.

Short title

This Act may be cited as the Protecting Consumers from Unreasonable Rates Act.

2.

Protection of consumers from excessive, unjustified, or unfairly discriminatory rates

(a)

Protection from excessive, unjustified, or unfairly discriminatory rates

The first section 2794 of the Public Health Service Act (42 U.S.C. 300gg–94), as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended by adding at the end the following new subsection:

(e)

Protection from excessive, unjustified, or unfairly discriminatory rates

(1)

Authority of States

Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements.

(2)

Consultation in rate review process

In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups.

(3)

Determination of who conducts reviews for each State

The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following:

(A)

In which markets in each State the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4), based on the Secretary’s determination that the State regulator is adequately undertaking and utilizing such actions in that market.

(B)

In which markets in each State the Secretary shall undertake the corrective actions under paragraph (4), in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary’s determination that the State is not adequately undertaking and utilizing such actions in that market.

(4)

Corrective action for excessive, unjustified, or unfairly discriminatory rates

In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, through mechanisms such as—

(A)

denying rates;

(B)

modifying rates; or

(C)

requiring rebates to consumers.

(5)

Noncompliance

Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a Qualified Health Plan.

.

(b)

Clarification of Regulatory Authority

Such section 2794 is further amended—

(1)

in subsection (a)—

(A)

in the heading, by striking premium and inserting rate;

(B)

in paragraph (1), by striking unreasonable increases in premiums and inserting potentially excessive, unjustified, or unfairly discriminatory rates, including premiums,; and

(C)

in paragraph (2)—

(i)

by striking an unreasonable premium increase and inserting a potentially excessive, unjustified, or unfairly discriminatory rate;

(ii)

by striking the increase and inserting the rate; and

(iii)

by striking such increases and inserting such rates; and

(2)

in subsection (b)—

(A)

by striking premium increases each place it appears and inserting rates; and

(B)

in paragraph (2)(B), by striking premium and inserting rate.

(c)

Conforming amendment

Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended—

(1)

in section 2723 (42 U.S.C. 300gg–22)—

(A)

in subsection (a)—

(i)

in paragraph (1), by inserting and section 2794 after this part; and

(ii)

in paragraph (2), by inserting or section 2794 after this part; and

(B)

in subsection (b)—

(i)

in paragraph (1), by inserting and section 2794 after this part; and

(ii)

in paragraph (2)—

(I)

in subparagraph (A), by inserting or section 2794 that is after this part; and

(II)

in subparagraph (C)(ii), by inserting or section 2794 after this part; and

(2)

in section 2761 (42 U.S.C. 300gg–61)—

(A)

in subsection (a)—

(i)

in paragraph (1), by inserting and section 2794 after this part; and

(ii)

in paragraph (2)—

(I)

by inserting or section 2794 after set forth in this part; and

(II)

by inserting and section 2794 after the requirements of this part; and

(B)

in subsection (b)—

(i)

by inserting and section 2794 after this part; and

(ii)

by inserting and section 2794 after part A.

(d)

Applicability to grandfathered plans

Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by adding at the end the following:

(v)

Section 2794 (relating to reasonableness of rates with respect to health insurance coverage).

.

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this Act, such sums as may be necessary.

(f)

Effective date

The amendments made by this section shall take effect on the date of enactment of this Act and shall be implemented with respect to health plans beginning not later than January 1, 2018.