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Section 1333

SEC. 1333. PROVISIONS RELATING TO OFFERING OF PLANS IN MORE THAN ONE STATE.

[a] HEALTH CARE CHOICE COMPACTS.—

[1] IN GENERAL.—Not later than July 1, 2013, the Secretary shall, in consultation with the National Association of Insurance Commissioners, issue regulations for the creation of health care choice compacts under which 2 or more States may enter into an agreement under which—

[A] 1 or more qualified health plans could be offered in the individual markets in all such States but, except as provided in subparagraph

[B], only be subject to the laws and regulations of the State in which the plan was written or issued; [B] the issuer of any qualified health plan to which the compact applies—

[i] would continue to be subject to market conduct, unfair trade practices, network adequacy, and consumer protection standards [including standards relating to rating], including addressing disputes as to the performance of the contract, of the State in which the purchaser resides;

[ii] would be required to be licensed in each State in which it offers the plan under the compact or to submit to the jurisdiction of each such State with regard to the standards described in clause [i] [including allowing access to records as if the insurer were licensed in the State]; and

[iii] must clearly notify consumers that the policy may not be subject to all the laws and regulations of the State in which the purchaser resides.

[2] STATE AUTHORITY.—A State may not enter into an agreement under this subsection unless the State enacts a law after the date of the enactment of this title that specifically authorizes the State to enter into such agreements.

[3] APPROVAL OF COMPACTS.—The Secretary may approve interstate health care choice compacts under paragraph [1]

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only if the Secretary determines that such health care choice compact—

[A] will provide coverage that is at least as comprehensive as the coverage defined in section 1302[b] and offered through Exchanges established under this title;

[B] will provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this title would provide;

[C] will provide coverage to at least a comparable number of its residents as the provisions of this title would provide;

[D] will not increase the Federal deficit; and

[E] will not weaken enforcement of laws and regulations described in paragraph [1][B][i] in any State that is included in such compact.

[4] EFFECTIVE DATE.—A health care choice compact described in paragraph [1] shall not take effect before January 1, 2016.

[b] AUTHORITY FOR NATIONWIDE PLANS.—

[1] IN GENERAL.—Except as provided in paragraph [2], if an issuer [including a group of health insurance issuers affiliated either by common ownership and control or by the common use of a nationally licensed service mark] of a qualified health plan in the individual or small group market meets the requirements of this subsection [in this subsection a "nationwide qualified health plan"]—

[A] the issuer of the plan may offer the nationwide qualified health plan in the individual or small group market in more than 1 State; and

[B] with respect to State laws mandating benefit coverage by a health plan, only the State laws of the State in which such plan is written or issued shall apply to the nationwide qualified health plan.

[2] STATE OPT-OUT.—A State may, by specific reference in a law enacted after the date of enactment of this title, provide that this subsection shall not apply to that State. Such opt-out shall be effective until such time as the State by law revokes it.

[3] PLAN REQUIREMENTS.—An issuer meets the requirements of this subsection with respect to a nationwide qualified health plan if, in the determination of the Secretary—

[A] the plan offers a benefits package that is uniform in each State in which the plan is offered and meets the requirements set forth in paragraphs [4] through [6];

[B] the issuer is licensed in each State in which it offers the plan and is subject to all requirements of State law not inconsistent with this section, including but not limited to, the standards and requirements that a State imposes that do not prevent the application of a requirement of part A of title XXVII of the Public Health Service Act or a requirement of this title;

[C] the issuer meets all requirements of this title with respect to a qualified health plan, including the requirement to offer the silver and gold levels of the plan in each Exchange in the State for the market in which the plan is offered;

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[D] the issuer determines the premiums for the plan in any State on the basis of the rating rules in effect in that State for the rating areas in which it is offered;

[E] the issuer offers the nationwide qualified health plan in at least 60 percent of the participating States in the first year in which the plan is offered, 65 percent of such States in the second year, 70 percent of such States in the third year, 75 percent of such States in the fourth year, and 80 percent of such States in the fifth and subsequent years;

[F] the issuer shall offer the plan in participating States across the country, in all geographic regions, and in all States that have adopted adjusted community rating before the date of enactment of this Act; and

[G] the issuer clearly notifies consumers that the policy may not contain some benefits otherwise mandated for plans in the State in which the purchaser resides and provides a detailed statement of the benefits offered and the benefit differences in that State, in accordance with rules promulgated by the Secretary.

[4] FORM REVIEW FOR NATIONWIDE PLANS.—Notwithstanding any contrary provision of State law, at least 3 months before any nationwide qualified health plan is offered, the issuer shall file all nationwide qualified health plan forms with the regulator in each participating State in which the plan will be offered. An issuer may appeal the disapproval of a nationwide qualified health plan form to the Secretary.

[5] APPLICABLE RULES.—The Secretary shall, in consultation with the National Association of Insurance Commissioners, issue rules for the offering of nationwide qualified health plans under this subsection. Nationwide qualified health plans may be offered only after such rules have taken effect.

[6] COVERAGE.—The Secretary shall provide that the health benefits coverage provided to an individual through a nationwide qualified health plan under this subsection shall include at least the essential benefits package described in section 1302.

[7] STATE LAW MANDATING BENEFIT COVERAGE BY A HEALTH BENEFITS PLAN.—For the purposes of this subsection, a State law mandating benefit coverage by a health plan is a law that mandates health insurance coverage or the offer of health insurance coverage for specific health services or specific diseases. A law that mandates health insurance coverage or reimbursement for services provided by certain classes of providers of health care services, or a law that mandates that certain classes of individuals must be covered as a group or as dependents, is not a State law mandating benefit coverage by a health benefits plan.