Section 10101

SEC. 10101. AMENDMENTS TO SUBTITLE A.

[a] Section 2711 of the Public Health Service Act, as added by section 1001[5] of this Act, is amended to read as follows:

'SEC. 2711. NO LIFETIME OR ANNUAL LIMITS.

'[a] Prohibition-

'[1] IN GENERAL- A group health plan and a health insurance issuer offering group or individual health insurance coverage may not establish--

'[A] lifetime limits on the dollar value of benefits for any participant or beneficiary; or

'[B] except as provided in paragraph [2], annual limits on the dollar value of benefits for any participant or beneficiary.

'[2] ANNUAL LIMITS PRIOR TO 2014- With respect to plan years beginning prior to January 1, 2014, a group health plan and a health insurance issuer offering group or individual health insurance coverage may only establish a restricted annual limit on the dollar value of benefits for any participant or beneficiary with respect to the scope of benefits that are essential health benefits under section 1302[b] of the Patient Protection and Affordable Care Act, as determined by the Secretary. In defining the term 'restricted annual limit' for purposes of the preceding sentence, the Secretary shall ensure that access to needed services is made available with a minimal impact on premiums.

'[b] Per Beneficiary Limits- Subsection [a] shall not be construed to prevent a group health plan or health insurance coverage from placing annual or lifetime per beneficiary limits on specific covered benefits that are not essential health benefits under section 1302[b] of the Patient Protection and Affordable Care Act, to the extent that such limits are otherwise permitted under Federal or State law.'.

[b] Section 2715[a] of the Public Health Service Act, as added by section 1001[5] of this Act, is amended by striking 'and providing to enrollees' and inserting 'and providing to applicants, enrollees, and policyholders or certificate holders'.

[c] Subpart II of part A of title XXVII of the Public Health Service Act, as added by section 1001[5], is amended by inserting after section 2715, the following:

'SEC. 2715A. PROVISION OF ADDITIONAL INFORMATION.

'A group health plan and a health insurance issuer offering group or individual health insurance coverage shall comply with the provisions of section 1311[e][3] of the Patient Protection and Affordable Care Act, except that a plan or coverage that is not offered through an Exchange shall only be required to submit the information required to the Secretary and the State insurance commissioner, and make such information available to the public.'.

[d] Section 2716 of the Public Health Service Act, as added by section 1001[5] of this Act, is amended to read as follows:

'SEC. 2716. PROHIBITION ON DISCRIMINATION IN FAVOR OF HIGHLY COMPENSATED INDIVIDUALS.

'[a] In General- A group health plan [other than a self-insured plan] shall satisfy the requirements of section 105[h][2] of the Internal Revenue Code of 1986 [relating to prohibition on discrimination in favor of highly compensated individuals].

'[b] Rules and Definitions- For purposes of this section--

'[1] CERTAIN RULES TO APPLY- Rules similar to the rules contained in paragraphs [3], [4], and [8] of section 105[h] of such Code shall apply.

'[2] HIGHLY COMPENSATED INDIVIDUAL- The term 'highly compensated individual' has the meaning given such term by section 105[h][5] of such Code.'.

[e] Section 2717 of the Public Health Service Act, as added by section 1001[5] of this Act, is amended--

[1] by redesignating subsections [c] and [d] as subsections [d] and [e], respectively; and

[2] by inserting after subsection [b], the following:

'[c] Protection of Second Amendment Gun Rights-

'[1] WELLNESS AND PREVENTION PROGRAMS- A wellness and health promotion activity implemented under subsection [a][1][D] may not require the disclosure or collection of any information relating to--

'[A] the presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property of an individual; or

'[B] the lawful use, possession, or storage of a firearm or ammunition by an individual.

'[2] LIMITATION ON DATA COLLECTION- None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the collection of any information relating to--

'[A] the lawful ownership or possession of a firearm or ammunition;

'[B] the lawful use of a firearm or ammunition; or

'[C] the lawful storage of a firearm or ammunition.

'[3] LIMITATION ON DATABASES OR DATA BANKS- None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.

'[4] LIMITATION ON DETERMINATION OF PREMIUM RATES OR ELIGIBILITY FOR HEALTH INSURANCE- A premium rate may not be increased, health insurance coverage may not be denied, and a discount, rebate, or reward offered for participation in a wellness program may not be reduced or withheld under any health benefit plan issued pursuant to or in accordance with the Patient Protection and Affordable Care Act or an amendment made by that Act on the basis of, or on reliance upon--

'[A] the lawful ownership or possession of a firearm or ammunition; or

'[B] the lawful use or storage of a firearm or ammunition.

'[5] LIMITATION ON DATA COLLECTION REQUIREMENTS FOR INDIVIDUALS- No individual shall be required to disclose any information under any data collection activity authorized under the Patient Protection and Affordable Care Act or an amendment made by that Act relating to--

'[A] the lawful ownership or possession of a firearm or ammunition; or

'[B] the lawful use, possession, or storage of a firearm or ammunition.'.

[f] Section 2718 of the Public Health Service Act, as added by section 1001[5], is amended to read as follows:

'SEC. 2718. BRINGING DOWN THE COST OF HEALTH CARE COVERAGE.

'[a] Clear Accounting for Costs- A health insurance issuer offering group or individual health insurance coverage [including a grandfathered health plan] shall, with respect to each plan year, submit to the Secretary a report concerning the ratio of the incurred loss [or incurred claims] plus the loss adjustment expense [or change in contract reserves] to earned premiums. Such report shall include the percentage of total premium revenue, after accounting for collections or receipts for risk adjustment and risk corridors and payments of reinsurance, that such coverage expends--

'[1] on reimbursement for clinical services provided to enrollees under such coverage;

'[2] for activities that improve health care quality; and

'[3] on all other non-claims costs, including an explanation of the nature of such costs, and excluding Federal and State taxes and licensing or regulatory fees.

The Secretary shall make reports received under this section available to the public on the Internet website of the Department of Health and Human Services.

'[b] Ensuring That Consumers Receive Value for Their Premium Payments-

'[1] REQUIREMENT TO PROVIDE VALUE FOR PREMIUM PAYMENTS-

'[A] REQUIREMENT- Beginning not later than January 1, 2011, a health insurance issuer offering group or individual health insurance coverage [including a grandfathered health plan] shall, with respect to each plan year, provide an annual rebate to each enrollee under such coverage, on a pro rata basis, if the ratio of the amount of premium revenue expended by the issuer on costs described in paragraphs [1] and [2] of subsection [a] to the total amount of premium revenue [excluding Federal and State taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance under sections 1341, 1342, and 1343 of the Patient Protection and Affordable Care Act] for the plan year [except as provided in subparagraph [B][ii]], is less than--

'[i] with respect to a health insurance issuer offering coverage in the large group market, 85 percent, or such higher percentage as a State may by regulation determine; or

'[ii] with respect to a health insurance issuer offering coverage in the small group market or in the individual market, 80 percent, or such higher percentage as a State may by regulation determine, except that the Secretary may adjust such percentage with respect to a State if the Secretary determines that the application of such 80 percent may destabilize the individual market in such State.

'[B] REBATE AMOUNT-

'[i] CALCULATION OF AMOUNT- The total amount of an annual rebate required under this paragraph shall be in an amount equal to the product of--

'[I] the amount by which the percentage described in clause [i] or [ii] of subparagraph [A] exceeds the ratio described in such subparagraph; and

'[II] the total amount of premium revenue [excluding Federal and State taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance under sections 1341, 1342, and 1343 of the Patient Protection and Affordable Care Act] for such plan year.

'[ii] CALCULATION BASED ON AVERAGE RATIO- Beginning on January 1, 2014, the determination made under subparagraph [A] for the year involved shall be based on the averages of the premiums expended on the costs described in such subparagraph and total premium revenue for each of the previous 3 years for the plan.

'[2] CONSIDERATION IN SETTING PERCENTAGES- In determining the percentages under paragraph [1], a State shall seek to ensure adequate participation by health insurance issuers, competition in the health insurance market in the State, and value for consumers so that premiums are used for clinical services and quality improvements.

'[3] ENFORCEMENT- The Secretary shall promulgate regulations for enforcing the provisions of this section and may provide for appropriate penalties.

'[c] Definitions- Not later than December 31, 2010, and subject to the certification of the Secretary, the National Association of Insurance Commissioners shall establish uniform definitions of the activities reported under subsection [a] and standardized methodologies for calculating measures of such activities, including definitions of which activities, and in what regard such activities, constitute activities described in subsection [a][2]. Such methodologies shall be designed to take into account the special circumstances of smaller plans, different types of plans, and newer plans.

'[d] Adjustments- The Secretary may adjust the rates described in subsection [b] if the Secretary determines appropriate on account of the volatility of the individual market due to the establishment of State Exchanges.

'[e] Standard Hospital Charges- Each hospital operating within the United States shall for each year establish [and update] and make public [in accordance with guidelines developed by the Secretary] a list of the hospital's standard charges for items and services provided by the hospital, including for diagnosis-related groups established under section 1886[d][4] of the Social Security Act.'.

[g] Section 2719 of the Public Health Service Act, as added by section 1001[4] of this Act, is amended to read as follows:

'SEC. 2719. APPEALS PROCESS.

'[a] Internal Claims Appeals-

'[1] IN GENERAL- A group health plan and a health insurance issuer offering group or individual health insurance coverage shall implement an effective appeals process for appeals of coverage determinations and claims, under which the plan or issuer shall, at a minimum--

'[A] have in effect an internal claims appeal process;

'[B] provide notice to enrollees, in a culturally and linguistically appropriate manner, of available internal and external appeals processes, and the availability of any applicable office of health insurance consumer assistance or ombudsman established under section 2793 to assist such enrollees with the appeals processes; and

'[C] allow an enrollee to review their file, to present evidence and testimony as part of the appeals process, and to receive continued coverage pending the outcome of the appeals process.

'[2] ESTABLISHED PROCESSES- To comply with paragraph [1]--

'[A] a group health plan and a health insurance issuer offering group health coverage shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures [including urgent claims] set forth at section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000 [65 Fed. Reg. 70256], and shall update such process in accordance with any standards established by the Secretary of Labor for such plans and issuers; and

'[B] a health insurance issuer offering individual health coverage, and any other issuer not subject to subparagraph [A], shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures set forth under applicable law [as in existence on the date of enactment of this section], and shall update such process in accordance with any standards established by the Secretary of Health and Human Services for such issuers.

'[b] External Review- A group health plan and a health insurance issuer offering group or individual health insurance coverage--

'[1] shall comply with the applicable State external review process for such plans and issuers that, at a minimum, includes the consumer protections set forth in the Uniform External Review Model Act promulgated by the National Association of Insurance Commissioners and is binding on such plans; or

'[2] shall implement an effective external review process that meets minimum standards established by the Secretary through guidance and that is similar to the process described under paragraph [1]--

'[A] if the applicable State has not established an external review process that meets the requirements of paragraph [1]; or

'[B] if the plan is a self-insured plan that is not subject to State insurance regulation [including a State law that establishes an external review process described in paragraph [1]].

'[c] Secretary Authority- The Secretary may deem the external review process of a group health plan or health insurance issuer, in operation as of the date of enactment of this section, to be in compliance with the applicable process established under subsection [b], as determined appropriate by the Secretary.'.

[h] Subpart II of part A of title XVIII of the Public Health Service Act, as added by section 1001[5] of this Act, is amended by inserting after section 2719 the following:

'SEC. 2719A. PATIENT PROTECTIONS.

'[a] Choice of Health Care Professional- If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, requires or provides for designation by a participant, beneficiary, or enrollee of a participating primary care provider, then the plan or issuer shall permit each participant, beneficiary, and enrollee to designate any participating primary care provider who is available to accept such individual.

'[b] Coverage of Emergency Services-

'[1] IN GENERAL- If a group health plan, or a health insurance issuer offering group or individual health insurance issuer, provides or covers any benefits with respect to services in an emergency department of a hospital, the plan or issuer shall cover emergency services [as defined in paragraph [2][B]]--

'[A] without the need for any prior authorization determination;

'[B] whether the health care provider furnishing such services is a participating provider with respect to such services;

'[C] in a manner so that, if such services are provided to a participant, beneficiary, or enrollee--

'[i] by a nonparticipating health care provider with or without prior authorization; or

'[ii][I] such services will be provided without imposing any requirement under the plan for prior authorization of services or any limitation on coverage where the provider of services does not have a contractual relationship with the plan for the providing of services that is more restrictive than the requirements or limitations that apply to emergency department services received from providers who do have such a contractual relationship with the plan; and

'[II] if such services are provided out-of-network, the cost-sharing requirement [expressed as a copayment amount or coinsurance rate] is the same requirement that would apply if such services were provided in-network;

'[D] without regard to any other term or condition of such coverage [other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of this Act, section 701 of the Employee Retirement Income Security Act of 1974, or section 9801 of the Internal Revenue Code of 1986, and other than applicable cost-sharing].

'[2] DEFINITIONS- In this subsection:

'[A] EMERGENCY MEDICAL CONDITION- The term 'emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity [including severe pain] such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause [i], [ii], or [iii] of section 1867[e][1][A] of the Social Security Act.

'[B] EMERGENCY SERVICES- The term 'emergency services' means, with respect to an emergency medical condition--

'[i] a medical screening examination [as required under section 1867 of the Social Security Act] that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate such emergency medical condition, and

'[ii] within the capabilities of the staff and facilities available at the hospital, such further medical examination and treatment as are required under section 1867 of such Act to stabilize the patient.

'[C] STABILIZE- The term 'to stabilize', with respect to an emergency medical condition [as defined in subparagraph [A]], has the meaning give in section 1867[e][3] of the Social Security Act [42 U.S.C. 1395dd[e][3]].

'[c] Access to Pediatric Care-

'[1] PEDIATRIC CARE- In the case of a person who has a child who is a participant, beneficiary, or enrollee under a group health plan, or health insurance coverage offered by a health insurance issuer in the group or individual market, if the plan or issuer requires or provides for the designation of a participating primary care provider for the child, the plan or issuer shall permit such person to designate a physician [allopathic or osteopathic] who specializes in pediatrics as the child's primary care provider if such provider participates in the network of the plan or issuer.

'[2] CONSTRUCTION- Nothing in paragraph [1] shall be construed to waive any exclusions of coverage under the terms and conditions of the plan or health insurance coverage with respect to coverage of pediatric care.

'[d] Patient Access to Obstetrical and Gynecological Care-

'[1] GENERAL RIGHTS-

'[A] DIRECT ACCESS- A group health plan, or health insurance issuer offering group or individual health insurance coverage, described in paragraph [2] may not require authorization or referral by the plan, issuer, or any person [including a primary care provider described in paragraph [2][B]] in the case of a female participant, beneficiary, or enrollee who seeks coverage for obstetrical or gynecological care provided by a participating health care professional who specializes in obstetrics or gynecology. Such professional shall agree to otherwise adhere to such plan's or issuer's policies and procedures, including procedures regarding referrals and obtaining prior authorization and providing services pursuant to a treatment plan [if any] approved by the plan or issuer.

'[B] OBSTETRICAL AND GYNECOLOGICAL CARE- A group health plan or health insurance issuer described in paragraph [2] shall treat the provision of obstetrical and gynecological care, and the ordering of related obstetrical and gynecological items and services, pursuant to the direct access described under subparagraph [A], by a participating health care professional who specializes in obstetrics or gynecology as the authorization of the primary care provider.

'[2] APPLICATION OF PARAGRAPH- A group health plan, or health insurance issuer offering group or individual health insurance coverage, described in this paragraph is a group health plan or coverage that--

'[A] provides coverage for obstetric or gynecologic care; and

'[B] requires the designation by a participant, beneficiary, or enrollee of a participating primary care provider.

'[3] CONSTRUCTION- Nothing in paragraph [1] shall be construed to--

'[A] waive any exclusions of coverage under the terms and conditions of the plan or health insurance coverage with respect to coverage of obstetrical or gynecological care; or

'[B] preclude the group health plan or health insurance issuer involved from requiring that the obstetrical or gynecological provider notify the primary care health care professional or the plan or issuer of treatment decisions.'.

[i] Section 2794 of the Public Health Service Act, as added by section 1003 of this Act, is amended--

[1] in subsection [c][1]--

[A] in subparagraph [A], by striking 'and' at the end;

[B] in subparagraph [B], by striking the period and inserting '; and'; and

[C] by adding at the end the following:

'[C] in establishing centers [consistent with subsection [d]] at academic or other nonprofit institutions to collect medical reimbursement information from health insurance issuers, to analyze and organize such information, and to make such information available to such issuers, health care providers, health researchers, health care policy makers, and the general public.'; and

[2] by adding at the end the following:

'[d] Medical Reimbursement Data Centers-

'[1] FUNCTIONS- A center established under subsection [c][1][C] shall--

'[A] develop fee schedules and other database tools that fairly and accurately reflect market rates for medical services and the geographic differences in those rates;

'[B] use the best available statistical methods and data processing technology to develop such fee schedules and other database tools;

'[C] regularly update such fee schedules and other database tools to reflect changes in charges for medical services;

'[D] make health care cost information readily available to the public through an Internet website that allows consumers to understand the amounts that health care providers in their area charge for particular medical services; and

'[E] regularly publish information concerning the statistical methodologies used by the center to analyze health charge data and make such data available to researchers and policy makers.

'[2] CONFLICTS OF INTEREST- A center established under subsection [c][1][C] shall adopt by-laws that ensures that the center [and all members of the governing board of the center] is independent and free from all conflicts of interest. Such by-laws shall ensure that the center is not controlled or influenced by, and does not have any corporate relation to, any individual or entity that may make or receive payments for health care services based on the center's analysis of health care costs.

'[3] RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to permit a center established under subsection [c][1][C] to compel health insurance issuers to provide data to the center.'.