S. 1623 — Introduced in Senate

II 117th CONGRESS 1st Session S. 1623 IN THE SENATE OF THE UNITED STATES May 13, 2021Mr. Menendez (for himself, Mr. Booker, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title I of the Patient Protection and Affordable Care Act to provide for additional grants for States to conduct activities related to establishing American Health Benefit Exchanges. 1. Short title This Act may be cited as the State Allowance for a Variety of Exchanges Act of 2021 or the SAVE Act of 2021. 2. Preserving State option to implement health care Marketplaces (a) In general Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031) is amended— (1) in subsection (a)— (A) in paragraph (4)(B), by striking under this subsection and inserting under this paragraph or paragraph (1); and (B) by adding at the end the following new paragraph: (6) Additional planning and establishment grants (A) In general There shall be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $200,000,000 to award grants to eligible States for the uses described in paragraph (3). (B) Duration and renewability A grant awarded under subparagraph (A) shall be for a period of 2 years and may not be renewed. (C) Limitation A grant may not be awarded under subparagraph (A) after December 31, 2024. (D) Eligible State defined For purposes of this paragraph, the term eligible State means a State that, as of January 1, 2019, was not operating an Exchange (other than an Exchange described in section 155.200(f) of title 45, Code of Federal Regulations, as in effect on such date). ; and (2) in subsection (d)(5)(A)— (A) by striking operations.—In establishing an Exchange under this section and inserting operations.— (i) In general In establishing an Exchange under this section (other than in establishing an Exchange with respect to which a grant is awarded under subsection (a)(6)) ; and (B) by adding at the end the following: (ii) Additional planning and establishment grants In establishing an Exchange with respect to which a grant is awarded under subsection (a)(6), the State shall ensure that such Exchange is self-sustaining beginning on January 1, 2026, including allowing the Exchange to charge assessments or user fees to participating health insurance issuers, or to otherwise generate funding, to support its operations. . (b) Clarification regarding failure To establish Exchange or implement requirements Section 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)) is amended— (1) in paragraph (1), by striking If and inserting Subject to paragraph (3), if; and (2) by adding at the end the following new paragraph: (3) Clarification This subsection shall not apply in the case of a State that elects to apply the requirements described in subsection (a) and satisfies the requirement described in subsection (b) on or after January 1, 2014. .