,,ii  #aacth ,,congress  #ast ,session  
,s4 #fej  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #ba1 #bjac   
,ms4 ,landrieu introduced the following 
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to amend title ,,xxvii of the  
,public ,health ,service ,act to        
preserve consumer and employer access to
 licensed independent insurance         
producers4  #a4 ,short title ,this ,act 
may be cited as the ,access to          
,independent ,health ,insurance         
,advisors ,act of #bjac4  #b4 ,findings 
,congress finds the following3  7#a7    
,licensed independent insurance         
producers 7agents and brokers7 provide a
 wide range of services for both        
individual consumers and the business   
community4 ,producers interface with    
insurers1 acquire quotes1 analyze plan  
options1 and consult clients through the
 purchase of health insurance4  7#b7    
,licensed independent insurance         

producers provide guidance regarding    
benefit and contribution arrangements to
 ensure compliance with applicable      
,state and ,federal laws and            
regulations2 assist with establishing   
section #abe plan tax savings under the 
,internal ,revenue ,code1 health        
reimbursement arrangements1 flexible    
spending arrangements1 evaluating and   
securing small business tax credits as  
provided in the ,patient ,protection and
 ,affordable ,care ,act1 and other      
programs to maximize tax advantages and 
ensure compliance with applicable       
,internal ,revenue ,service guidelines2 
create educational materials and provide
 on-site assistance to aid in employee  
benefit communication2 assist in        
managing eligibility for new hires and  
terminated employees2 provide advocacy  
for employees through the health        
insurance claim process2 and advocate   
for employers with insurers in          
developing proposals1 renewals1 and for 
service issues throughout the year4     

7#c7 ,in order to meet these            
responsibilities1 licensed independent  
insurance producers are required to     
complete continuing education on an     
ongoing basis in order to maintain      
appropriate licenses4 ,this requirement 
to maintain educational standards helps 
assure the insured public that producers
 remain current with the ever-evolving  
insurance market4  7#d7 ,it is essential
 that licensed independent insurance    
producers continue to perform these     
duties1 and others1 as the ,patient     
,protection and ,affordable ,care ,act  
has made significant changes to the     
regulatory environment for health plans4
 ,to understand these changes1 employers
 and consumers will need professional   
guidance even more in the future4 ,this 
service is especially important for     
small businesses1 as such producers     
often fill the role of a human resources
 department as well as professional     
consultant4  7#e7 ,the ,national        
,association of ,insurance              

,commissioners 7,,naic71 whose core     
mission is to protect consumers in all  
aspects of the business of insurance1   
strongly advocates for the continuing   
role of licensed independent insurance  
producers in health insurance1 and has  
expressed that the ability of insurance 
agents and brokers to continue assisting
 health insurance consumers at a time of
 rapid insurance market changes is more 
essential than ever4 ,on ,november #bb1 
#bjaa1 the ,,naic adopted a resolution  
stating that ,congress should           
expeditiously consider legislation      
amending the ,,mlr provisions of the    
,,ppaca in order to preserve consumer   
access to agents and brokers4  7#f7 ,it 
is critical that the indispensable role 
played by licensed independent insurance
 producers is recognized and protected4 
#c4 ,protecting the ability of licensed 
independent insurance producers to      
continue to serve the public  7a7 ,in   
general ,section #bgah of the ,public   
,health ,service ,act 7#db ,u4,s4,c4    

#cjj;gg-#ah71 as inserted by section    
#ajja and amended by section #ajaja7;f7 
of the ,patient ,protection and         
,affordable ,care ,act 7,public ,law    
#aaj-adh71 is amended--  7#a7 in        
subsection 7a77#c71 by inserting 1      
remuneration paid for licensed          
independent insurance producers1 after  
,state taxes2 and  7#b7 in subsection   
7b77#a7--  7,a7 in the matter preceding 
clause 7i7 of subparagraph 7,a71 by     
inserting 1 remuneration paid for       
licensed independent insurance producers
 in the individual and small group      
market1 after ,state taxes2 and  7,b7 in
 subparagraph 7,b77i77,,ii71 by         
inserting 1 remuneration paid for       
licensed independent insurance producers
 in the individual and small group      
market1 after ,state taxes2 and  7#c7 by
 adding at the end the following3  7f7  
,independent insurance producer         
remuneration definitions ,for purposes  
of this section3  7#a7 ,the term        
independent insurance producer means an 

insurance agent or broker1 insurance    
consultant1 benefit specialist1 limited 
insurance representative1 and any other 
person required to be licensed under the
 laws of the particular ,state to sell1 
solicit1 negotiate1 service1 effect1    
procure1 renew or bind policies of      
insurance coverage or offer advice1     
counsel1 opinions1 or services related  
to insurance4  7#b7 ,the term           
remuneration means compensation earned  
from an insurance issuer for services   
rendered under contractual agreement    
which may include commissions or any    
other thing of value but which shall not
 include production bonuses4  4  7b7    
,regulations ,not later than #fj days   
after the date of the enactment of this 
,act1 the ,secretary of ,health and     
,human ,services shall amend any        
applicable regulations as necessary to  
implement the amendments made by        
subsection 7a74