,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fjig ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjah,ms4 ,jayapal 7for herself1 ,ms4 ,schakowsky1 and ,mr4 ,pocan7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 ,oversight and ,government ,reform1 ,armed ,services1 and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title ,i of the ,patient ,protection and ,affordable ,care ,act to authorize the establishment of1 and provide support for1 ,state-based universal health care systems that provide comprehensive health benefits to ,state residents1 and for other purposes4 #a4 ,short title2 purpose 7a7 ,short title ,this ,act may be cited as the ,state-,based ,universal ,health ,care ,act of #bjah4 7b7 ,purpose ,the purpose of this ,act is to establish a flexible framework under which ,states can provide comprehensive universal health coverage to all of their residents4 #b4 ,waiver for ,state universal health care 7a7 ,in general ,title ,i of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 is amended by striking section #accb 7#db ,u4,s4,c4 #ahjeb7 and inserting the following new section3 #accb4 ,waiver for ,state universal health care 7a7 ,application 7#a7 ,in general ,a ,state may apply to the ,secretary 7as defined in subsection 7i77#c77 for the waiver of so much of the requirements described in paragraph 7#b7 with respect to health benefits coverage within that ,state for plan years beginning on or after ,january #a1 #bjai1 as is necessary to implement a comprehensive ,state universal health care plan in the ,state under this section4 ,such application shall-- 7,a7 be filed at such time and in such manner as the ,secretary may require2 7,b7 contain such information as the ,secretary may require1 including-- 7i7 a comprehensive description of the ,state legislation and program to implement a plan meeting the requirements for a waiver under this section2 7ii7 a plan for how the ,state will achieve in #e years health coverage for at least #ie percent of the population of the ,state1 with five percent of the population of the ,state not spending more than #aj percent of their adjusted gross income on health2 and 7iii7 a #aj-;fiscal-year budget plan for such plan that is budget neutral for the ,federal ,government2 and 7,c7 provide an assurance that the ,state has enacted1 or will be enacting before the current ,state legislative session adjourns1 the law described in subsection 7b77#b74 7#b7 ,requirements ,the requirements described in this paragraph with respect to health benefits coverage within the ,state for plan years beginning on or after ,january #a1 #bjai1 are as follows3 7,a7 ,parts ,i1 ,,ii1 and ,,iii of this subtitle4 7,b7 ,section #adjb4 7,c7 ,sections #cf;,b and #dihj;,h of the ,internal ,revenue ,code of #aihf4 7,d7 ,title ,,xi of the ,social ,security ,act4 7,e7 ,title ,,xviii of the ,social ,security ,act4 7,f7 ,title ,,xix of the ,social ,security ,act4 7,g7 ,title ,,xxi of the ,social ,security ,act4 7,h7 ,chapter #hi of title #e of the ,united ,states ,code4 7,i7 ,chapter #ee of title #aj1 ,united ,states ,code1 including coverage under the ,,tricare program4 7,j7 ,section #ead of the ,employee ,retirement ,income ,security ,act of #aigd4 7#c7 ,pass through of funding ,with respect to a ,state waiver under paragraph 7#a71 under which the ,state assumes responsibility for health coverage under a specified ,federal health program1 including under each of the ,federal health care or subsidy programs specified in subparagraphs 7,b71 7,c71 7,e71 7,f71 7,g71 and 7,h7 of paragraph 7#b71 the ,secretary shall not spend ,federal health funds that would otherwise have been spent for such program and shall provide for an alternative means by which the aggregate amount of such funds shall be paid to the ,state for purposes of implementing the ,state plan under the waiver4 ,such amount shall be determined annually by the ,secretary1 taking into account the amount that would otherwise have been spent under such ,federal health program with respect to residents of such ,state1 if such waiver did not apply4 ,such amount shall include funds equal to the amount of premium tax credits1 cost-sharing reductions1 or small-business credits under sections #cf;,b and #de,r of the ,internal ,revenue ,code of #aihf or under section #adjb that would have been available to individuals and businesses in the ,state if such waiver did not apply4 7#d7 ,waiver consideration and transparency 7,a7 ,in general ,an application for a waiver under this section shall be considered by the ,secretary1 after taking into account recommendations of the ,panel under subsection 7g71 in accordance with the regulations described in subparagraph 7,b74 7,b7 ,regulations ,not later than #ahj days after the date of enactment of the ,state-,based ,universal ,health ,care ,act of #bjag1 the ,secretary shall promulgate regulations relating to waivers under this section that provide-- 7i7 a process for public notice and comment in accordance with the public notice and comment requirements applicable under regulations used for ,medicaid waivers pursuant to section #aaae of the ,social ,security ,act2 7ii7 a process for the submission of an application that ensures the disclosure of-- 7,i7 the provisions of law that the ,state involved seeks to waive2 and 7,,ii7 the specific plans of the ,state to ensure that the waiver will be in compliance with subsection 7b72 7iii7 a process for providing public notice and comment after the application is received by the ,secretary1 that is sufficient to ensure a meaningful level of public input and that does not impose requirements that are in addition to1 or duplicative of1 requirements imposed under the ,administrative ,procedure ,act1 or requirements that are unreasonable or unnecessarily burdensome with respect to ,state compliance2 7iv7 a process for the ,panel under subsection 7g7 to consider the applications for waivers so submitted and provide recommendations with respect to such applications2 7v7 a process for the submission to the ,secretary of periodic reports by the ,state concerning the implementation of the program under the waiver2 7vi7 a process for the periodic evaluation by the ,secretary with respect to waivers granted under this section2 and 7vii7 a process for providing technical assistance on-- 7,i7 how to develop an application to any ,state seeking to submit an application for a waiver relating to developing a program of providing health care for all residents for such ,state2 and 7,,ii7 how to improve such a program for purposes of a ,state seeking assistance pursuant to subsection 7e77#b74 7,c7 ,report ,the ,secretary shall annually report to ,congress concerning actions taken by the ,secretary with respect to applications for waivers1 and programs conducted through waivers granted1 under this section4 ,each such report shall include1 with respect to any action by the ,secretary so taken1 with respect to an application1 that was not consistent with the recommendations of the ,panel under subsection 7g71 with respect to such application1 the reasons such action was taken4 7#e7 ,regional waiver request and plan ,nothing in this section shall be construed to prevent two or more ,states in a region from submitting a single application under this section for a waiver that establishes a plan that is applicable to all of the ,states included in such application4 ,in the case of such an application and plan1 the requirements of this section shall continue to be applicable with respect to each ,state included in such application4 7#f7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary for providing funds to ,states with a waiver under this section for purposes of carrying out activities described in subsection 7b77#a77;,e74 7b7 ,granting of waivers 7#a7 ,in general ,the ,secretary may grant a request for a waiver under subsection 7a77#a7 only if the ,secretary determines that the ,state plan-- 7,a7 will provide1 in accordance with subparagraph 7,b71 health benefits coverage to ,state residents that is at least as comprehensive as the health benefits coverage that such residents would have received under the specified ,federal health program 7as defined in subsection 7i77#d77 for which such residents would have been eligible1 absent such waiver2 7,b7 will provide1 in the case of such a waiver under subsection 7a77#a7 for the ,state to waive any of the requirements described in subsection 7a77#b77;,f71 health benefits coverage to ,state residents who would have otherwise received health benefits coverage in the form of medical assistance under the ,state ,federal health program described in subsection 7i77#d77;,b7 7regardless of whether the ,state provides for such assistance through a ,state plan under title ,,xix of the ,social ,security ,act or a waiver of such plan7 that includes at least the mandatory benefits under title ,,xix of the ,social ,security ,act that are required of a ,state without a waiver of a ,state plan under such title1 including at least benefits for early and periodic screening1 diagnostic1 and treatment2 benefits for non-emergency transportation2 and retroactive coverage2 7,c7 will provide coverage and cost sharing protections against excessive out-of-pocket spending to ,state residents that are at least as affordable as the coverage and cost sharing protections under the specified ,federal health program 7as defined in subsection 7i77#d77 for which such residents would have been eligible1 absent such waiver2 7,d7 will provide coverage to all residents of the ,state1 including all those otherwise covered under the ,federal health care or subsidy programs specified in subparagraphs 7,b71 7,c71 7,e71 7,f71 7,g71 and 7,h7 of subsection 7a77#b71 except individuals who are eligible for benefits through the ,indian ,health ,service or for benefits and services under title #ch1 ,united ,states ,code2 7,e7 will provide for public education activities to raise awareness of the availability of qualified health plans and the facilitation of enrollment in such coverage in a manner similar to an entity that serves as a navigator under a grant under section #acaa7;i72 7,f7 will be publicly administered by an agency of the ,state2 7,g7 will not preclude the purchase of supplemental insurance2 7,h7 will provide systems for complaints1 appeals1 independent review1 and other procedures for accessing and maintaining benefits that are at least as accessible to ,state residents as those of the specified ,federal health programs 7as defined in subsection 7i77#d77 for which such residents would have otherwise been eligible without application of such waiver under subsection 7a77#a72 and 7,i7 will not increase the ,federal deficit4 ,subparagraph 7,d7 shall not be construed as limiting a ,state from contracting with one or more private entities to administer the plan4 7#b7 ,requirement to enact a law 7,a7 ,in general ,a law described in this paragraph is a ,state law that provides for ,state actions under a waiver under this section1 including the implementation of the ,state plan under subsection 7a77#a77;,b74 7,b7 ,termination of opt out ,a ,state may repeal a law described in subparagraph 7,a7 and terminate the authority provided under the waiver with respect to the ,state4 7c7 ,scope of waiver 7#a7 ,in general ,the ,secretary shall determine the scope of a waiver of a requirement described in subsection 7a77#b7 granted to a ,state under subsection 7a77#a74 7#b7 ,limitation ,under this section1 the ,secretary may not waive any ,federal law or requirement that is not listed in subsection 7a77#b74 7d7 ,determinations by ,secretary 7#a7 ,time for determination ,the ,secretary shall1 with respect to an application from a ,state under this subsection and after taking into account recommendations of the ,panel under subsection 7g7 for such application1 make a determination under subsection 7a77#a7 not later than #ij days after the receipt of such recommendations4 7#b7 ,effect of ,determination 7,a7 ,granting of waivers ,if the ,secretary determines to grant a waiver under subsection 7a77#a71 the ,secretary shall notify the ,state involved of such determination and the terms and effectiveness of such waiver4 7,b7 ,denial of waiver ,if the ,secretary determines a waiver should not be granted under subsection 7a77#a71 the ,secretary shall notify the ,state involved and the appropriate committees of ,congress of such determination and the reasons therefor4 7e7 ,required reports2 #e-,year review 7#a7 ,in general ,as a condition of receipt of a waiver under this section1 after each #e-year period of such waiver1 a ,state shall submit to the ,secretary a report that is carried out by an independent1 non-partisan entity1 with respect to such #e-year period and after a process for public notice and comment at the ,state level1 including public hearings1 sufficient to ensure a meaningful level of public input1 on the following3 7,a7 ,how waiver funds have been spent by the ,state4 7,b7 ,the number of residents of the ,state without health insurance and a description of how the ,state plans to provide health insurance coverage within the subsequent #e years to residents of the ,state without health insurance4 7,c7 ,how affordability in the ,state for health care has changed over the period4 7,d7 ,whether the ,state has achieved health coverage for at least #ie percent of the population of the ,state4 7,e7 ,any additional information specified by the ,secretary for purposes of determining the successes and challenges of the waiver4 7#b7 #e-year review ,in the case a ,state1 based on the report submitted under paragraph 7#a7 for a #e-year period-- 7,a7 has been determined by the ,secretary1 after taking into account recommendations of the ,panel under subsection 7g71 to have not achieved health coverage for at least #ie percent of the population of the ,state-- 7i7 the ,state shall have access to technical assistance described in subsection 7a77#d77;,b77vii7 to improve the health insurance program of the ,state implemented through the waiver under this section2 7ii7 the ,state shall have a grace period of #f months after such determination to achieve health coverage for at least #ie percent of such population2 and 7iii7 if after such #f months1 the ,state has not achieved such health coverage1 the waiver under this section shall be terminated2 and 7,b7 has been determined by the ,secretary1 after taking into account recommendations of the ,panel under subsection 7g71 to have achieved health coverage for at least #ie percent of the population of the ,state1 the ,state1 as a condition of continuing such waiver1 shall submit to the ,secretary a plan for achieving health coverage for the remainder of the population of the ,state4 7f7 ,assuring coordination 7#a7 ,in general ,not later than #ahj days after the enactment of the ,state-,based ,universal ,health ,care ,act of #bjah1 the ,secretary of ,health and ,human ,services1 the ,secretary of the ,treasury1 the ,director of the ,office of ,personnel ,management1 the ,secretary of ,defense1 and the ,secretary of ,labor shall1 through the execution of an interagency memorandum of understanding among such ,secretaries and the ,director-- 7,a7 develop a process for coordinating and consolidating the ,state waiver processes applicable under the provisions of this section1 and the existing waiver processes applicable under-- 7i7 titles ,,xi1 ,,xviii1 ,,xix1 and ,,xxi of the ,social ,security ,act2 and 7ii7 any other ,federal law relating to the provision of health care items or services2 and 7,b7 ensure that-- 7i7 regulations 7including regulations required under subsection 7a77#d77;,b771 rulings1 and interpretations issued by such ,secretaries and the ,director relating to the same matter over which two or more such ,secretaries or ,director have responsibility under this section are administered so as to have the same effect at all times2 and 7ii7 coordination of policies relating to the granting1 implementation1 and continuation of waivers through such ,secretaries and ,director in order to have a coordinated strategy that avoids duplication of effort by the ,states or ,secretaries and ,director and ensures clarity about waiver application status and approval4 7#b7 ,single application ,the process under paragraph 7#a77;,a7 shall permit a ,state to submit a single application for a waiver under all of the provisions of this section and the provisions of law listed under clauses 7i7 and 7ii7 of such paragraph4 7#c7 ,submission of conforming amendments ,the ,secretary of ,health and ,human ,services1 in coordination with the other ,secretaries 7including the ,director of the ,office of ,personnel ,management71 shall submit to ,congress such recommendations for such technical and conforming amendments to law as may be appropriate to assist in the implementation of this section4 7g7 ,independent ,assessment ,panel for ,comprehensive ,health ,care 7#a7 ,establishment ,there is established a committee to be known as the ,independent ,assessment ,panel for ,comprehensive ,health ,care 7in this section referred to as the ,panel74 7#b7 ,consideration of submissions ,the ,secretary shall forward a copy of each waiver application submitted under this section to the ,panel for consideration under this subsection4 7#c7 ,duties ,the ,panel shall-- 7,a7 review any waiver application by a ,state forwarded under paragraph 7#b7 and any report submitted under paragraph 7#a7 of subsection 7e7 for purposes of the review under paragraph 7#b7 of such subsection2 7,b7 not later than #ij days after submission of such application 7or report7 by the ,state1 provide to the ,state and to the ,secretary the recommendations of the ,panel regarding the approval or disapproval of such waiver application 7or regarding the status of the waiver for continuation pursuant to subsection 7e77#b77 and1 if applicable1 possible improvements to such application 7or for purposes of subsection 7e77#b772 and 7,c7 submit to ,congress an annual report on waiver applications 7and waiver reports under subsection 7e77 reviewed by the ,panel during the applicable year1 including the number of applications 7and reports7 received and the number of applications recommended for approval 7and of reports with respect to which recommendations for continuation were provided74 7#d7 ,membership 7,a7 ,number and appointment ,the ,panel shall consist of seven members appointed by the ,secretary of ,health and ,human ,services1 of whom-- 7i7 one shall be appointed on the recommendation of the ,speaker of the ,house of ,representatives2 7ii7 one shall be appointed on the recommendation of the minority leader of the ,house of ,representatives2 7iii7 one shall be appointed on the recommendation of the majority leader of the ,senate2 7iv7 one shall be appointed on the recommendation of the minority leader of the ,senate2 7v7 one shall be appointed from the ,republican ,governors ,association2 7vi7 one shall be appointed from the ,democratic ,governors ,association2 and 7vii7 one shall be a representative from the consumer advocacy community4 7,b7 ,term of service 7i7 ,in general ,each member of the ,panel shall serve a three-year term4 ,a member may serve after the expiration of that member's term until a successor has been appointed pursuant to subparagraph 7,a74 7ii7 ,vacancy ,any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term4 ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7,c7 ,pay ,members of the ,panel shall serve without pay4 7,d7 ,chairperson2 ,vice ,chairperson 7i7 ,chairperson ,the ,secretary of ,health and ,human ,services1 or a designee of the ,secretary1 shall serve on the ,panel as the ,chairperson of the ,panel4 7ii7 ,vice ,chairperson ,the ,administrator of the ,federal ,emergency ,management ,agency1 or a designee of the ,administrator1 shall serve on the ,panel as the ,vice ,chairperson of the ,panel4 7#e7 ,staff1 experts1 and consultants ,the ,panel may-- 7,a7 appoint such staff as the ,panel considers to be appropriate1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service2 7,b7 fix the pay of such staff1 without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates2 and 7,c7 procure the services of experts and consultants in accordance with the provisions of section #caji7;b7 of such title4 7#f7 ,detail of ,federal personnel ,upon request of the ,panel1 the head of any ,federal agency may detail1 on a reimbursable basis1 any of the personnel of the agency to the ,panel to assist it in carrying out the duties under paragraph 7#c74 7#g7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,panel4 7#h7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to the ,panel for carrying out the duties of the panel for each of fiscal years #bjah through #bjbc4 7h7 ,guidance relating to ,american ,indians and ,alaska ,natives 7#a7 ,in general ,the ,secretary shall issue guidance with respect to applying the provisions of this section in a manner consistent with the following3 7,a7 ,to further the goal that ,federal health services to maintain and improve the health of the ,indians are consonant with and required by the ,federal ,government's historical and unique legal relationship with1 and resulting responsibility to1 the ,american ,indian people4 7,b7 ,no enrollment fee1 premium1 or similar charge1 and no deduction1 copayment1 cost sharing1 or similar charge is to be imposed against an ,indian who is furnished an item or service through a waiver under this section4 ,all costs incurred in waiving such charges shall be borne by the ,federal ,government in fulfillment of the trust responsibility4 7,c7 ,a ,state may not require the enrollment of an individual who is an ,indian in health insurance offered through a waiver under this section4 7,d7 ,health insurance issuers offering coverage pursuant to a waiver under this section must make good faith efforts to contract with ,indian ,health ,care ,providers operating within the area served by the issuers4 7,e7 ,health insurance issuers offering coverage pursuant to a waiver under this section shall pay ,indian ,health ,care ,providers1 whether such providers are participating or nonparticipating providers with respect to the coverage1 for covered services provided to those ,indian enrollees who are eligible to receive services from such providers at a rate equal to the rate negotiated between such entity and the provider involved or1 if such a rate has not been negotiated1 at a rate that is not less than the level and amount of payment which the entity would make for the services if the services were furnished by a participating provider which is not an ,indian ,health ,care ,provider4 7,f7 ,health insurance issuers offering coverage pursuant to a waiver under this section will include a standard contract addendum when contracting with ,indian ,health ,care ,providers4 ,the contract addendum will be developed in consultation with tribes and in conference with ,urban ,indian ,health ,programs operating within the service area of the ,state4 7,g7 ,the treatment of ,indians under this legislation does not constitute invidious racial discrimination in violation of the ,due ,process ,clause of the ,fifth or ,fourteenth ,amendments1 but is reasonable and rationally designed to further the health of ,indians4 7,h7 ,in the case of any ,state in which #a or more ,indian ,health ,care ,programs furnishes health care services1 the ,state will provide for a process under which the ,state seeks advice on a regular1 ongoing basis from designees of such ,indian ,health ,care ,programs and ,urban ,indian ,organizations on matters relating to the application of a waiver under this section that are likely to have a direct effect on such ,indian ,health ,programs and that-- 7i7 shall include solicitation of advice prior to submission of any plan amendments1 waiver requests1 and proposals for demonstration projects likely to have a direct effect on ,indians or ,indian ,health ,care ,programs2 and 7ii7 may include appointment of an advisory committee and of a designee of such ,indian ,health ,care ,programs to the medical care advisory committee advising the ,state on its waiver under this section4 7#b7 ,definitions ,for purposes of this subsection3 7,a7 ,the term ,indian has the meaning given such term in section #ddg4ej of title #db of the ,code of ,federal ,regulations 7as in effect on ,july #a1 #bjaj74 7,b7 ,the term ,indian ,health ,care ,provider has the meaning given such term in section #dch4ad7;a7 of title #db of the ,code of ,federal ,regulations4 7i7 ,definitions ,in this section3 7#a7 ,health benefits coverage ,the term health benefits coverage-- 7,a7 means-- 7i7 health insurance coverage1 as such term is defined in section #bgia7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia7;b772 and 7ii7 coverage under a group health plan1 as such term is defined in section #bgia7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia7;a772 and 7,b7 includes any medical coverage or health benefits provided under any specified ,federal health program described in subparagraphs 7,a7 through 7,e7 of paragraph 7#d74 7#b7 ,resident ,with respect to a ,state1 the term resident means an individual-- 7,a7 who is-- 7i7 a citizen or national of the ,united ,states2 or 7ii7 an alien lawfully residing in the ,state 7including an alien who is granted deferred action or who is otherwise authorized to remain in the ,united ,states72 and 7,b7 whose primary residence 7as defined by the ,state7 is located in the ,state4 7#c7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,health and ,human ,services with respect to waivers relating to the provisions described in subparagraphs 7,a71 7,b71 and 7,d7 through 7,g7 of paragraph 7#b7 of subsection 7a72 7,b7 the ,secretary of the ,treasury with respect to waivers relating to the provisions described in subparagraph 7,c7 of such paragraph2 7,c7 the ,director of the ,office of ,personnel ,management with respect to waivers relating to the provisions described in subparagraph 7,h7 of such paragraph2 7,d7 the ,secretary of ,defense with respect to waivers relating to the provisions described in subparagraph 7,i7 of such paragraph2 and 7,e7 the ,secretary of ,labor with respect to waivers relating to the provisions described in subparagraph 7,j7 of such paragraph4 7#d7 ,specified ,federal health program ,the term specified ,federal health program means all of the following programs3 7,a7 ,the ,medicare program under title ,,xviii of the ,social ,security ,act4 7,b7 ,the ,medicaid program under title ,,xix of the ,social ,security ,act4 7,c7 ,the ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act4 7,d7 ,the ,federal ,employees ,health ,benefits ,plan under chapter #hi of title #e of the ,united ,states ,code4 7,e7 ,medical coverage under chapter #ee of title #aj1 ,united ,states ,code1 including coverage under the ,,tricare program4 7,f7 ,an ,exchange established under this subtitle4 7,g7 ,subsidies under section #adjb4 7,h7 ,tax credits under sections #cf;,b and #de,r of the ,internal ,revenue ,code of #aihf4 4 7b7 ,clerical amendment ,the item in the table of contents in section #a7;b7 of the ,patient ,protection and ,affordable ,care ,act relating to section #accb is amended to read as follows3 ,sec4 #accb4 ,waiver for ,state universal health care4 4 7c7 ,continuation of current law for current waivers and waiver applications 7#a7 ,in general ,subject to paragraph 7#b71 in the case of a ,state that has applied to the ,secretary of ,health and ,human ,services for a waiver under section #accb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjeb71 as in effect before the enactment of this ,act1 for plan year #bjah1 such section #accb shall continue to apply to such application and to any waiver under such application for subsequent plan years4 7#b7 ,transition to new waiver law ,nothing in paragraph 7#a7 shall be construed as preventing a ,state described in such paragraph from withdrawing an application described in such paragraph 7or requesting the ,secretary to terminate an approved waiver referred to in such paragraph7 for plan year #bjai or a subsequent plan year and subsequently applying for a waiver under section #accb of the ,patient ,protection and ,affordable ,care ,act1 as amended by subsection 7a71 for such a plan year4