,,ii #aadth ,,congress #ast ,session ,s4 #fgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjae,mr4 ,sasse introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide a transition plan for those individuals who may be affected by ,obama,care's unlawful implementation4 #a4 ,short title ,this ,act may be cited as the ,winding ,down ,obama,care ,act4 #b4 ,transitional coverage ,part ,c of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia et seq47 is amended-- 7#a7 by redesignating the second section #bgid 7relating to uniform fraud and abuse referral format7 as section #bgie2 and 7#b7 by adding at the end the following3 #bgif4 ,,cobra-like transitional coverage 7a7 ,plans must provide continuation coverage 7#a7 ,in general ,a health insurance issuer shall provide1 in accordance with this section1 that each enrollee in a qualified health plan who would lose coverage under the plan1 or who would no longer be eligible for a tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf1 as a result of a qualifying event is entitled1 under the plan1 to elect1 within the election period1 continuation coverage under the plan4 7#b7 ,coverage ,for purposes of this section1 the term continuation coverage means coverage that meets the following requirements3 7,a7 ,type of coverage ,the coverage must consist of that coverage which the enrollee was enrolled in at the time of the qualifying event1 except that if such coverage is later modified under the plan for any group of similarly situated enrollees1 such coverage shall also be modified in the same manner for all individuals to which this section applies4 7,b7 ,premium requirement ,the health insurance issuer may require payment of a premium for such coverage for any period of the continuation coverage1 except that such premium-- 7i7 shall not exceed #ajj percent of the premium amount applicable for the qualified health plan involved on the day before the qualifying event2 7ii7 shall not increase at any time during the period of continuation coverage2 and 7iii7 may1 at the election of the enrollee1 be paid in monthly installments4 7b7 ,qualifying event ,for purposes of this section1 the term qualifying event means1 with respect to any enrollee in a qualified health plan1 a determination by the ,supreme ,court of the ,united ,states in the case of ,king v4 ,burwell 7#bjae7 that would result in-- 7#a7 the enrollee losing coverage under the plan2 or 7#b7 making the enrollee ineligible to receive a tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf with respect to such plan4 7c7 ,coverage period 7#a7 ,in general ,except as provided in paragraph 7#b71 the continuation coverage provided for under this section shall extend for at least the period beginning on the date of the qualifying event and ending3 7,a7 ,the date that is #ah months after the date of the qualifying event4 7#b7 ,termination ,notwithstanding paragraph 7#a71 the continuation coverage provided for under this section shall terminate with respect to an enrollee on-- 7,a7 the date on which the issuer ceases to provide any qualified health plans to individuals 7if any72 and 7,b7 the date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the enrollee4 7d7 ,election period ,for purposes of this section1 the term election period means the period which-- 7#a7 begins on the date on which the qualifying event occurs2 and 7#b7 ends #fj days after such date4 7e7 ,notice ,the ,secretary shall ensure that-- 7#a7 a health insurance issuer shall provide1 not later than #aj days after the date of a qualifying event1 written notice to each enrollee in a qualified health plan of the rights provided under this section and the deadlines for exercising such rights1 including a statement that any continuation coverage under this section shall expire as provided for in subsection 7c72 and 7#b7 each enrollee in a qualified health plan is responsible for notifying the health insurance issuer involved1 within #de days of receiving the notice under paragraph 7#a71 of the intent of the enrollee to exercise the rights provided to the enrollee under this section4 4 #c4 ,preventing bureaucratic workarounds 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall not enter into a new contract with a ,state to make available to the ,state technology that is otherwise utilized as part of the ,federal health insurance exchange established under section #acba of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda74 7b7 ,rule of construction ,nothing in subsection 7a7 shall be construed to prohibit a ,state from establishing a ,state-based ,exchange4 #d4 ,transitional financial assistance 7a7 ,allowance of tax credit ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,credit for transitional coverage 7a7 ,in general ,in the case of an eligible individual1 there shall be allowed as a credit against the tax imposed by subtitle ,a an amount equal to the applicable percentage of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under continuation coverage for eligible coverage months beginning in the taxable year4 7b7 ,applicable percentage ,for purposes of subsection 7a71 the applicable percentage is #fe percent reduced by #e percentage points for each coverage month for which a credit is allowable to the taxpayer under this section after the sixth such coverage month4 7c7 ,eligible individual ,for purposes of this section-- 7#a7 ,in general ,the term eligible individual means any individual who elects to retain continuation of coverage under section #bgif of the ,public ,health ,service ,act4 7#b7 ,identification requirements ,the term eligible individual shall not include any individual for any month unless the policy number associated with the qualified health insurance and the ,,tin of each eligible individual covered under such health insurance for such month are included on the return of tax for the taxable year in which such month occurs4 7d7 ,coverage month ,for purposes of this section-- 7#a7 ,in general ,the term coverage month means any month if as of the first date of such month the taxpayer is an eligible individual who does not have other specified coverage4 7#b7 ,other specified coverage ,for purposes of paragraph 7#a71 an individual has other specified coverage for any month if1 as of the first day of such month if such individual-- 7,a7 is covered under employer-provided health insurance1 7,b7 is entitled to benefits under part ,a of title ,,xviii of the ,social ,security ,act or is enrolled under part ,b of such title1 7,c7 is enrolled under the program under title ,,xix or ,,xxi of such ,act 7other than under section #aibh of such ,act71 or 7,d7 is entitled to benefits under chapter #ee of title #aj1 ,united ,states ,code4 7e7 ,other definitions ,for purposes of this section-- 7#a7 ,continuation coverage ,the term continuation coverage means coverage described in section #bgif7;a77#b7 of the ,public ,health ,service ,act4 7#b7 ,qualifying family member ,the term qualifying family member has the meaning given such term under section #ce7;d74 7f7 ,special rules 7#a7 ,limitation on amount of credit ,with respect to any taxable year1 the amount which would 7but for this subsection7 be allowed as a credit to the taxpayer under subsection 7a7 shall be reduced 7but not below zero7 by the aggregate amount paid on behalf of such taxpayer under section #gebg;,a for months beginning in such taxable year4 7#b7 ,coordination with medical deduction ,any amount paid by a taxpayer for insurance to which subsection 7a7 applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under this chapter or as a deduction under section #bac7;a74 7#c7 ,denial of credit to dependents ,no credit shall be allowed under this section to any individual with respect to whom a deduction under section #aea is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins4 7#d7 ,married couples must file joint return 7,a7 ,in general ,if the taxpayer is married at the close of the taxable year1 the credit shall be allowed under subsection 7a7 only if the taxpayer and his spouse file a joint return for the taxable year4 7,b7 ,marital status2 certain married individuals living apart ,rules similar to the rules of paragraphs 7#c7 and 7#d7 of section #ba7;e7 shall apply for purposes of this paragraph4 7#e7 ,verification of coverage1 etc ,the ,secretary shall ensure that procedures are in place to ensure that the coverage eligibility of the individual is verified4 7#f7 ,insurance which covers other individuals2 treatment of payments2 etc4 ,rules similar to the rules of paragraphs 7#g7 and 7#h7 of section #ce7;g7 shall apply for purposes of this section4 4 7b7 ,advance payment of credit ,chapter #gg of the ,internal ,revenue ,code of #aihf is amended by inserting after section #gebg the following new section3 #gebg;,a4 ,advance payment of transitional continuation coverage credit 7a7 ,in general ,the ,secretary shall establish a program for making payments on behalf of taxpayers who are eligible individuals within the meaning of section #cf;,c7c7 to providers of continuation coverage 7as defined in section #cf;,c7e77#a77 for such individuals4 7b7 ,limitation ,the ,secretary may make payments under subsection 7a7 only to the extent that the ,secretary determines that the amount of such payments made on behalf of any taxpayer for any month does not exceed the applicable percentage under section #cf;,c7b7 for the taxpayer for such month4 4 7c7 ,information reporting 7#a7 ,in general ,subpart ,b of part ,,iii of subchapter ,a of chapter #fa of the ,internal ,revenue ,code of #aihf is amended by inserting after section #fjej,w the following new section3 #fjej,x4 ,returns relating to continuation coverage credit 7a7 ,requirement of reporting ,every person who is entitled to receive payments for any month of any calendar year under section #gebg;,a with respect to any individual shall make the return described in subsection 7b7 with respect to each such individual4 7b7 ,form and manner of returns ,a return is described in this subsection if such return-- 7#a7 is in such form as the ,secretary may prescribe1 and 7#b7 contains1 with respect to each individual referred to in subsection 7a7-- 7,a7 the name1 address1 and ,,tin of each such individual1 7,b7 the months for which amounts payments under section #gebg;,a were received1 7,c7 the amount of each such payment1 7,d7 the type of insurance coverage provided by such person with respect to such individual and the policy number associated with such coverage1 if applicable1 7,e7 the name1 address1 and ,,tin of the spouse and each dependent covered under such coverage1 and 7,f7 such other information as the ,secretary may prescribe4 7c7 ,statements ,to be furnished to individuals with respect to whom information is required ,every person required to make a return under subsection 7a7 shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- 7#a7 the name and address of the person required to make such return and the phone number of the information contact for such person1 and 7#b7 the information required to be shown on the return with respect to such individual4 ,the written statement required under the preceding sentence shall be furnished on or before ,january #ca of the year following the calendar year for which the return under subsection 7a7 is required to be made4 4 7#b7 ,assessable penalties 7,a7 ,subparagraph 7,b7 of section #fgbd7;d77#a7 of such ,code is amended by striking or at the end of clause 7xxiv71 by striking and at the end of clause 7xxv7 and inserting or1 and by inserting after clause 7xxiii7 the following new clause3 7xxvii7 section #fjej,x 7relating to returns relating to qualified health insurance credit71 and 4 7,b7 ,paragraph 7#b7 of section #fgbd7;d7 of such ,code is amended by striking or at the end of subparagraph 7,,gg71 by striking the period at the end of subparagraph 7,,hh7 and inserting 1 or1 and by inserting after subparagraph 7,,hh7 the following new subparagraph3 7,,ii7 section #fjej,x 7relating to returns relating to qualified health insurance credit74 4 7d7 ,conforming amendments 7#a7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7#b7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,credit for continuation coverage under a qualified health plan4 4 7#c7 ,the table of sections for chapter #gg of such ,code is amended by inserting after the item relating to section #gebg the following new item3 ,sec4 #gebg;,a4 ,advance payment of continuation coverage credit4 4 7#d7 ,the table of sections for subpart ,b of part ,,iii of subchapter ,a of chapter #fa of such ,code is amended by adding at the end the following new item3 ,sec4 #fjej,x4 ,returns relating to continuation coverage credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to coverage months beginning after the date of a qualifying event determined under section #bgif7;b7 of the ,public ,health ,service ,act 7as added by section #b7 with respect to the individual4 #e4 ,stopping bureaucrats from spending taxpayer dollars 7a7 ,in general ,section #aaae of the ,social ,security ,act 7#db ,u4,s4,c4 #acae7 is amended by adding at the end the following3 7g7 ,no experimental1 pilot1 or demonstration project undertaken under subsection 7a7 to promote the objectives of title ,,xix shall be approved1 renewed1 or extended unless-- 7#a7 the ,secretary establishes spending limits for the project 7which may be annual per population-based limits1 aggregate limits 7annual or for the waiver period71 or a combination thereof7 only by applying benchmark growth rates that are determined based on the average of the most recent estimates of nationwide ,medicaid beneficiary costs and enrollment growth produced by the ,director of the ,congressional ,budget ,office and the ,director of the ,office of ,management and ,budget1 respectively2 and 7#b7 the establishment and application of such spending limits to the project and the estimated savings resulting from the project are reviewed and certified by an individual who is a member of the ,american ,academy of ,actuaries or the ,society of ,actuaries1 using generally accepted actuarial principles and methodologies1 and who is not a ,federal officer or employee4 4 7b7 ,effective date ,the amendment made by subsection 7a7 takes effect on the date of enactment of this ,act and applies to ,medicaid waivers approved1 renewed1 or extended under section #aaae of the ,social ,security ,act 7#db ,u4,s4,c4 #acae7 after that date4