S. 764 — Introduced in Senate

II 113th CONGRESS 1st Session S. 764 IN THE SENATE OF THE UNITED STATES April 18, 2013 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title XXVII of the Public Health Service Act to require the disclosure of information regarding how certain taxes and fees impact the amount of premiums, and for other purposes. 1. Short title This Act may be cited as the Patients' Right to Know Act of 2013. 2. Disclosure of health insurance information to consumers (a) In general Section 2715 of the Public Health Service Act (42 U.S.C. 300gg–15) is amended by adding at the end the following new subsection: (h) Disclosure of health insurance information to consumers (1) In general A health insurance issuer or sponsor of a group health plan, through its annual summary of benefits and coverage explanation provided under subsection (d), through an Internet website, or through some other written means of communication with the consumer such as a printed mailing— (A) shall include the disclosure (effective for plan years beginning on or after January 1, 2016, and in addition to the information required to be disclosed under this section) of— (i) the applicable additional information relating to fees described in paragraph (2); and (ii) the applicable additional information included under paragraph (3)(D); and (B) shall not be subject to any administrative action by the Secretary or by a State authority with respect to any disclosure made on or after the date of the enactment of this subsection of such applicable additional information if the disclosure is made based upon a good faith estimates of such information and is in accordance with such standards as the Secretary may establish to carry out this subsection. (2) Fee information The additional information described in this paragraph, with respect to a health insurance issuer issuing health insurance coverage in the individual, small, or large group market and with respect to the sponsor of a group health plan, is as follows: (A) Fee on health insurance providers The annual fee on health insurance providers under section 9010 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note). (B) PCORI Tax Fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to funding the Patient-Centered Outcome Research Institute). (C) Reinsurance contributions Reinsurance contributions required under section 1341(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18061(b)). (D) Proposed health insurance exchange user fee Fees imposed on health plans relating to participation in an Exchange under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.). (E) Risk corridor payments Risk corridor payments required under section 1342(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18062(b)(2)). (F) Risk adjustment charges Risk adjustment charges imposed under section 1343(a)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18063(a)(1)). In the case of health insurance coverage, such costs may be calculated separately for such coverage in the individual market, in the small group market, and in the large group market for the health insurance issuer involved. (3) Other information (A) Study The Comptroller General of the United States shall conduct a study of methods of calculating the impact on average premium costs associated with each of the following: (i) Market impact of guaranteed issue and community rating The requirement for guaranteed issuance of coverage under section 2702 and community rated premiums under section 2701. (ii) Age rating impact The requirement of section 2701(a)(1)(A)(iii) (relating to limitations on age rating). (iii) Preventive services The requirement for coverage of preventive services under section 2713. (iv) Minimum essential health benefits coverage The requirement that coverage provide for at least 60 percent of the actuarial value of essential health benefits under section 1302(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)). (B) Consultation In conducting such study, the Comptroller General shall consult with health insurance issuers and State health insurance commissioners. (C) Report Not later than October 1, 2014, the Comptroller General shall submit to each House of Congress and the Secretary a report on the study conducted under subparagraph (A). (D) Inclusion of additional information After submission of such report, the Secretary may also include in the information required to be disclosed under paragraph (1)(A)(ii) information on the impact on premiums of each of the requirements described in subparagraph (A). (4) Retention of State rate setting authority Nothing in this subsection shall be construed to preempt State authority to regulate, reject, alter, or require additional information in support of rates for health insurance coverage or oversight authority of the Secretary. (5) Disclosure to the general public The Secretary shall make the information provided by a health insurance issuer or sponsor of a group health plan as specified in paragraph (2) and additional information included under paragraph (3)(D) available to the general public through an Internet website. In addition, such website shall include information provided in the report submitted under paragraph (3)(A). .