,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hhge ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjbj ,mr4 ,kennedy introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,education and ,labor1 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 the ,patient ,protection and ,affordable ,care ,act and the ,employee ,retirement ,income ,security ,act of #aigd to establish a special enrollment period for eligible individuals who are enrolled in non-compliant health plans1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,health ,insurance ,lemon ,law ,act4 #b4 ,establishment of a special enrollment period for eligible individuals who are enrolled in a non-compliant health plan 7a7 ,special enrollment periods for individuals enrolled in non-,compliant health plans 7#a7 ,option for eligible individuals to enroll in ,exchange plans through a special enrollment period ,section #acaa7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;c77 is amended-- 7,a7 in paragraph 7#f7-- 7i7 in subparagraph 7,c71 by striking at the end and2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,e7 special enrollment periods described in paragraph 7#h77;,a74 2 and 7,b7 by adding at the end the following new paragraph3 7#h7 ,special enrollment period for individuals enrolled in non-compliant ,exchange plans to enroll in different ,exchange plans 7,a7 ,in general ,a special enrollment period described in this subparagraph is1 beginning #fj days after the date of the enactment of this paragraph1 the #fj-;day period beginning on the date an eligible individual confirms receiving a notification that the health plan in which the eligible individual is enrolled is a non-compliant health plan4 7,b7 ,self-attestation ,for purposes of qualifying for the special enrollment period described in subparagraph 7,a71 the receipt of a notification that the health plan in which the eligible individual is enrolled is a non-compliant health plan shall be determined by the self-attestation of an eligible individual4 7,c7 ,definitions ,in this paragraph3 7i7 ,eligible individual 7,i7 ,in general ,the term eligible individual means a qualified individual who is enrolled in a non-compliant health plan4 7,,ii7 ,inclusion ,such term includes a covered employee 7as defined in section #fjg7b7 of the ,employee ,retirement ,income ,security ,act of #aigd7 who is enrolled in a non-compliant health plan4 7ii7 ,non-compliant health plan ,the term non-compliant health plan means a group health plan or health insurance coverage offered by a health insurance issuer in the individual or small group market that is not so in compliance 7as applicable7 with any of-- 7,i7 sections #bgja1 #bgjb1 #bgjc1 #bgjd1 #bgje1 #bgjf1 #bgjh1 #bgji1 #bgaa1 #bgab1 #bgac1 #bgad1 #bgae1 #bgaf1 #bgag1 #bgah1 #bgai1 #bgai;,a1 #bgbe1 #bgbf1 #bgbg1 #bgbh1 or #bgid of the ,public ,health ,service ,act2 7,,ii7 sections #acjb or #acab of the ,patient ,protection and ,affordable ,care ,act2 7,,iii7 section #aje of the ,internal ,revenue ,code of #aihf2 or 7,,iv7 sections #fja through #fjh of the ,employee ,retirement ,income ,security ,act of #aigd4 4 7#b7 ,option for covered employees enrolled in non-compliant group health plans to enroll in a different group health plan ,section #gja of the ,employee ,retirement ,income ,security ,act 7#bi ,u4,s4,c4 #aaha7 is amended by inserting after paragraph 7#f7 the following new paragraph3 7#g7 ,special enrollment period for covered employees enrolled in non-compliant group health plans to enroll in a different group health plan 7,a7 ,in general ,beginning #fj days after the date of the enactment of this paragraph1 a group health plan shall permit an employee who is enrolled in the group health plan that is not in compliance with a requirement specified under clause 7,c77ii7 of section #acaa7;c77#h7 of the ,patient ,protection and ,affordable ,care ,act 7as applicable7 to enroll in a different group health plan offered by the employer for a #fj-;day period beginning on the date the employee confirms receiving a notification that the group health plan in which the employee is not so in compliance4 7,b7 ,self-attestation ,for purposes of qualifying for the special enrollment period described in subparagraph 7,a71 the receipt of a notification that the group health plan in which the eligible individual is enrolled is a non-compliant health plan shall be determined by the self-attestation of an eligible individual4 4 7b7 ,requirement for first day of coverage for eligible individuals enrolling during the special enrollment period 7#a7 ,non-compliant ,exchange plans ,section #acjc of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjbc7 is amended by adding at the end the following new subsection3 7e7 ,requirement for first day of coverage for eligible individuals enrolling during the special enrollment period 7#a7 ,notification requirement 7,a7 ,in general ,with respect to health insurance coverage in the individual or small group market group offered by a health insurance issuer1 any health insurance issuer of such coverage that is not in compliance with a requirement specified under clause 7,c77ii7 of section #acaa7;c77#h7 of the ,patient ,protection and ,affordable ,care ,act shall-- 7i7 for the #cj-;day period beginning on the date the issuer receives a notice from the ,secretary of ,health and ,human ,services that such coverage is not so in compliance1 attempt to receive confirmation that each enrollee of such coverage is eligible for the special enrollment period described in section subparagraph 7,a7 of such section2 and 7ii7 not later than #fj days after the date the issuer receives the notice described in clause 7i71 in the case the coverage does not receive confirmation for an enrollee pursuant to such clause1 submit to the ,secretary of ,health and ,human ,services the name of the enrollee and efforts to notify and receive confirmation from the enrollee4 7,b7 ,privacy considerations ,in carrying out this paragraph1 the health insurance issuer shall take measures to ensure that information as may be specifically permitted or required under other applicable provisions of law1 including ,,hipaa privacy and security law as defined in section #cjji7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#ai7;a77 is not made public under this paragraph4 7#b7 ,requirement for first day of coverage ,in the case of an eligible individual 7as defined in subparagraph 7,c7 of section #acaa7;c77#h77 who enrolls in a qualified health plan through an ,exchange during a month during the special enrollment period described in subparagraph 7,a7 of such section-- 7,a7 coverage under health insurance coverage offered a health insurance issuer in the individual or small group market shall terminate on the last day of the such month in which the eligible individual so enrolls in the qualified health plan2 and 7,b7 coverage under the qualified health plan shall be effective beginning on the first day of the first month succeeding the month termination of coverage described in subparagraph 7,a74 4 7#b7 ,non-compliant group health plans ,section #gja7g7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaha7g771 as amended by subsection 7a77#b71 is further amended1 by inserting after subparagraph 7,b7 the following new subparagraphs3 7,c7 ,notification requirement 7i7 ,in general ,a group health plan that is not in compliance with a requirement specified under subparagraph 7,c77ii7 of section #acaa7;c77#h7 of the ,patient ,protection and ,affordable ,care ,act shall-- 7,i7 for the #cj-;day period beginning after the date the plan receives a notice from the ,secretary of ,labor that such plan is not in compliance1 attempt to receive confirmation that each enrollee of such plan was so notified of the special enrolled period described in subparagraph 7,a7 of such section and the special enrollment period described in subparagraph 7,a72 and 7,,ii7 not later than #fj days after the date the plan receives the notice described in clause 7i71 in the case the plan does not receive confirmation for an enrollee pursuant to such clause1 submit to the ,secretary of ,labor the name of the enrollee and efforts to notify and receive confirmation from the enrollee4 7ii7 ,privacy considerations ,in carrying out this subparagraph1 the group health plan shall take measures to ensure that information as may be specifically permitted or required under other applicable provisions of law1 including ,,hipaa privacy and security law as defined in section #cjji7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#ai7;a77 is not made public under this subparagraph4 7,d7 ,requirement for first day of coverage ,in the case of an eligible individual 7as defined in subparagraph 7,c7 of section #acaa7;c77#h7 of the ,patient ,protection and ,affordable ,care ,act7 who is a covered employee and who-- 7i7 enrolls in a qualified health plan through an ,exchange during a month during the special enrollment period described in subparagraph 7,a7 of such section-- 7,i7 coverage under a group health plan shall terminate on the last day of the such month in which the eligible individual so enrolls in the qualified health plan2 and 7,,ii7 coverage under the qualified health plan shall be determined in accordance with section #acjc7;e77#b7 of such ,act2 or 7ii7 enrolls in a different group health plan offered by the employer of the covered employee pursuant to the special enrollment period described in subparagraph 7,a7-- 7,i7 coverage under a group health plan shall terminate on the last day of the such month in which the eligible individual so enrolls in the qualified health plan2 and 7,,ii7 coverage under the different group health plan offered by the employer of the qualified beneficiary shall be effective beginning on the first day of the first month succeeding the month of termination of coverage described in subclause 7,i74 4