SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER.

[a] Duties- The Commissioner is responsible for carrying out the following functions under this division:

[1] QUALIFIED PLAN STANDARDS- The establishment of qualified health benefits plan standards under this title, including the enforcement of such standards in coordination with State insurance regulators and the Secretaries of Labor and the Treasury.

[2] HEALTH INSURANCE EXCHANGE- The establishment and operation of a Health Insurance Exchange under subtitle A of title II.

[3] INDIVIDUAL AFFORDABILITY CREDITS- The administration of individual affordability credits under subtitle C of title II, including determination of eligibility for such credits.

[4] ADDITIONAL FUNCTIONS- Such additional functions as may be specified in this division.

[b] Promoting Accountability-

[1] IN GENERAL- The Commissioner shall undertake activities in accordance with this subtitle to promote accountability of QHBP offering entities in meeting Federal health insurance requirements, regardless of whether such accountability is with respect to qualified health benefits plan offered through the Health Insurance Exchange or outside of such Exchange.

[2] COMPLIANCE EXAMINATION AND AUDITS-

[A] IN GENERAL- The commissioner shall, in coordination with States, conduct audits of qualified health benefits plan compliance with Federal requirements. Such audits may include random compliance audits and targeted audits in response to complaints or other suspected non-compliance.

[B] RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS- The Commissioner is authorized to recoup from qualified health benefits plan reimbursement for the costs of such examinations and audit of such QHBP offering entities.

[c] Data Collection- The Commissioner shall collect data for purposes of carrying out the Commissioner duties, including for purposes of promoting quality and value, protecting consumers, and addressing disparities in health and health care and may share such data with the Secretary of Health and Human Services.

[d] Sanctions Authority-

[1] IN GENERAL- In the case that the Commissioner determines that a QHBP offering entity violates a requirement of this title, the Commissioner may, in coordination with State insurance regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph [2].

[2] REMEDIES- The remedies described in this paragraph, with respect to a qualified health benefits plan offered by a QHBP offering entity, are--

[A] civil money penalties of not more than the amount that would be applicable under similar circumstances for similar violations under section 1857[g] of the Social Security Act;

[B] suspension of enrollment of individuals under such plan after the date the Commissioner notifies the entity of a determination under paragraph [1] and until the Commissioner is satisfied that the basis for such determination has been corrected and is not likely to recur;

[C] in the case of an Exchange-participating health benefits plan, suspension of payment to the entity under the Health Insurance Exchange for individuals enrolled in such plan after the date the Commissioner notifies the entity of a determination under paragraph [1] and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; or

[D] working with State insurance regulators to terminate plans for repeated failure by the offering entity to meet the requirements of this title.

[e] Standard Definitions of Insurance and Medical Terms- The Commissioner shall provide for the development of standards for the definitions of terms used in health insurance coverage, including insurance-related terms.

[f] Efficiency in Administration- The Commissioner shall issue regulations for the effective and efficient administration of the Health Insurance Exchange and affordability credits under subtitle C, including, with respect to the determination of eligibility for affordability credits, the use of personnel who are employed in accordance with the requirements of title 5, United States Code, to carry out the duties of the Commissioner or, in the case of sections 208 and 241[b][2], the use of State personnel who are employed in accordance with standards prescribed by the Office of Personnel Management pursuant to section 208 of the Intergovernmental Personnel Act of 1970 [42 U.S.C. 4728].