,,ii #aacth ,,congress #ast ,session ,s4 #agbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ai1 #bjac,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to clarify that the anti-kickback laws apply to qualified health plans1 the federally-facilitated marketplaces1 and other plans and programs under title ,i of the ,patient ,protection and ,affordable ,care ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,obamacare ,kickbacks ,act of #bjac4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,section #fdjb7;f7 of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 applies the civil penalties and damages for violations of the ,false ,claims ,act to kickbacks and other acts involving ,federal health care programs that are subject to criminal penalties under section #aabh;,b of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b74 7#b7 ,in guidance issued on ,november #d1 #bjac1 by the ,center for ,consumer ,information ,insurance ,oversight 7,,cciio7 of the ,centers for ,medicare ,medicaid ,services1 the ,,cciio stated that the ,department of ,health and ,human ,services 7,,hhs7 has broad authority to regulate the ,federal and ,state ,marketplaces 7e4g4 section #acba7;a7 of the ,affordable ,care ,act74 ,the ,november #dth statement from the ,,cciio suggests that qualified health plans and other health care plans and programs established under title ,i of the ,patient ,protection and ,affordable ,care ,act are similar to other ,federal health care programs1 such as the ,medicare ,advantage program1 over which the ,secretary of ,health and ,human ,services also has broad regulatory authority4 7#c7 ,the private health insurance issuers who offer qualified health plans through marketplaces established under the ,patient ,protection and ,affordable ,care ,act and the private health insurance issuers that offer ,medicare ,advantage plans under the ,medicare program both receive ,federal dollars directly from the ,federal ,government1 with the issuers of qualified health plans receiving ,federal dollars through tax credit subsidies and the issuers of ,medicare ,advantage plans receiving payments from the ,medicare ,trust ,funds4 7#d7 ,the ,federal ,government facilitates applications for and enrollment in qualified health plans through the federally-facilitated marketplaces and ,state exchanges in a similar manner to the way the ,federal ,government facilitates applications for and enrollment in plans under the ,medicare ,advantage program and the ,voluntary ,prescription ,drug ,benefit ,program through federally funded call centers1 web portals1 and consumer assistance personnel4 7#e7 ,the ,medicare ,advantage program is a ,federal health care program to which the anti-kickback provisions of section #aabh;,b7b7 of the ,social ,security ,act and other prohibited acts involving ,federal health care programs are subject to civil and criminal penalties under the ,social ,security ,act as well as civil penalties under the ,false ,claims ,act4 #c4 ,clarification of application of anti-kickback laws to qualified health plans1 marketplaces1 and other plans and programs under ,,ppaca 7a7 ,in general ,section #aabh;,b7f77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b7f77#a77 is amended by inserting before the semicolon the following3 1 including any plan or program established or funded under subtitle ,d or ,e 7or the amendments made by such subtitles7 of title ,i of the ,patient ,protection and ,affordable ,care ,act 7including the federally-facilitated marketplaces and ,state ,exchanges1 patient navigators1 and related programs established by such ,act1 as well as any contract with an individual or entity hired by the ,federal ,government to facilitate enrollment in the federally-facilitated marketplaces74 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if included in the enactment of the ,patient ,protection and ,affordable ,care ,act4 #d4 ,,hhs ,,oig and ,,gao joint study and report 7a7 ,study ,the ,inspector ,general of the ,department of ,health and ,human ,services and the ,comptroller ,general of the ,united ,states shall jointly conduct a study regarding the effect of applying the anti-kickback laws and other prohibited acts involving ,federal health care programs to qualified health plans1 federally-facilitated marketplaces and ,state ,exchanges1 and any other plan or program established or funded under subtitle ,d or ,e 7or the amendments made by such subtitles7 of title ,i of the ,patient ,protection and ,affordable ,care ,act4 ,in conducting the study1 the ,inspector ,general and ,comptroller ,general shall-- 7#a7 identify all plans and programs that satisfy the definition of ,federal health care program under section #aabh;,b7f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b7f77 7as amended by section #c7;a772 7#b7 identify any entity or individual that would benefit from having qualified health plans1 federally-facilitated marketplaces1 and any other plan or program established or funded under subtitle ,d or ,e 7or the amendments made by such subtitles7 of title ,i of the ,patient ,protection and ,affordable ,care ,act excluded from the definition of ,federal health care program under section #aabh;,b7f7 of the ,social ,security ,act 7as so amended72 and 7#c7 separately estimate with respect to each of the following1 the impact of excluding qualified health plans1 federally-facilitated marketplaces and ,state ,exchanges1 and any other plan or program established or funded under subtitle ,d or ,e 7or the amendments made by such subtitles7 of title ,i of the ,patient ,protection and ,affordable ,care ,act from the definition of ,federal health care program under section #aabh;,b7f7 of the ,social ,security ,act 7as so amended73 7,a7 ,health care premiums 7with and without non-federally funded subsidies74 7,b7 ,consumer choice in health insurance coverage4 7,c7 ,the use of brand name versus generic drugs4 7,d7 ,the net cost of the ,patient ,protection and ,affordable ,care ,act to the ,federal ,government and to all ,states and territories4 7b7 ,report ,not later than one year after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,health and ,human ,services and the ,comptroller ,general of the ,united ,states shall jointly submit a report to ,congress on the results of the study conducted under subsection 7a7 that includes the information specified in paragraphs 7#a7 through 7#c7 of that subsection1 together with such recommendations for legislative or administrative action as the ,inspector ,general and ,comptroller ,general determine appropriate4