SEC. 314. AUTHORITY RELATED TO IMPROPER STEERING.

The Health Choices Commissioner [in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury] shall have authority to set standards for determining whether employers or insurers are undertaking any actions to affect the risk pool within the Health Insurance Exchange by inducing individuals to decline coverage under a qualified health benefits plan [or current employment-based health plan [within the meaning of section 102[b]]] offered by the employer and instead to enroll in an Exchange-participating health benefits plan. An employer violating such standards shall be treated as not meeting the requirements of this section.