To amend title XXVII of the Public Health Service Act to exempt licensed independent insurance producer remuneration from the medical loss ratio.

Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3183 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3183

    To amend title XXVII of the Public Health Service Act to exempt 
 licensed independent insurance producer remuneration from the medical 
                              loss ratio.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2011

 Mr. Yarmuth introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend title XXVII of the Public Health Service Act to exempt 
 licensed independent insurance producer remuneration from the medical 
                              loss ratio.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXEMPTING LICENSED INDEPENDENT INSURANCE PRODUCER 
              REMUNERATION FROM THE MEDICAL LOSS RATIO.

    (a) In General.--Section 2718 of the Public Health Service Act (42 
U.S.C. 300gg et seq.), as inserted by section 1001 and amended by 
section 10101(f) of the Patient Protection and Affordable Care Act 
(Public Law 111-148), is amended--
            (1) in subsection (a)(3), by inserting ``, remuneration 
        paid for licensed independent insurance producers,'' after 
        ``State taxes'';
            (2) in subsection (b)(1)(A), in the matter preceding clause 
        (i), by inserting ``, remuneration paid for licensed 
        independent insurance producers,'' after ``State taxes'';
            (3) in subsection (b)(1)(B), by inserting ``, remuneration 
        paid for licensed independent insurance producers,'' after 
        ``State taxes''; and
            (4) by adding at the end the following new subsection:
    ``(f) Independent Insurance Producer, Remuneration Defined.--For 
purposes of this section:
            ``(1) The term `independent insurance producer' means an 
        insurance agent or broker, insurance consultant, benefit 
        specialist, limited insurance representative, and any other 
        person required to be licensed under the laws of the particular 
        State to sell, solicit, negotiate, service, effect, procure, 
        renew or bind policies of insurance coverage or offer advice, 
        counsel, opinions, or services related to insurance.
            ``(2) The term `remuneration' means compensation paid by or 
        accrued from an insurance issuer or health plan for services 
        rendered under contractual agreement which may include fees, 
        commissions, or rebates.''.
    (b) Regulations.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
amend any applicable regulations so as to take the amendments made by 
subsection (a) into account.
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