WAIVE Act - Allows an individual to apply for a waiver from one or more of the requirements of the Patient Protection and Affordable Care Act (PPACA) by submitting an application to the Secretary of Health and Human Services (HHS). Requires the application to include: (1) the provision or provisions of PPACA for which the waiver is being sought; and (2) a brief description of why compliance would result in a decrease in access to benefits that are currently covered by a plan or policy in which the individual is enrolled or an increase in premiums to be paid by the individual for such coverage.
Requires the Secretary to: (1) issue waivers within 30 days of the receipt of such application, and (2) issue guidance to individuals in how they can apply for and be granted a waiver under this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1395 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1395
To ensure that all Americans have access to waivers from the Patient
Protection and Affordable Care Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2011
Mr. Barrasso (for himself, Mr. Alexander, Mr. Kyl, Mr. Wicker, Mr.
Roberts, Mr. Inhofe, Mrs. Hutchison, Mr. Cornyn, and Mr. Grassley)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To ensure that all Americans have access to waivers from the Patient
Protection and Affordable Care Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WAIVE Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As of July 15, 2011, the Department of Health and Human
Services has approved 1,471 one-year waivers giving some
Americans temporary relief from onerous annual benefit limit
mandates included in the health care laws President Obama
signed on March 23, 2010, and March 30, 2010 (Public Laws 111-
148 and 111-152).
(2) As of July 15, 2011, these 1,471 one-year annual
benefit limit waivers cover 3,200,000 Americans.
(3) Of the 3,200,000 Americans granted a one-year annual
benefit limit waiver by the Department of Health and Human
Services, approximately half (1,619,960) are union members.
(4) On June 14, 2011, the Government Accountability Office
released a report titled ``Private Health Insurance: Waivers of
Restrictions on Annual Limits on Health Benefits''.
(5) The Government Accountability Office report proves
millions of Americans had to seek waivers from the health care
law's annual benefit limit mandate in order to avoid double-
digit health insurance premium increases.
(6) The Government Accountability Office report indicates
the Department of Health and Human Services granted annual
benefit limit waivers to unions, employers, and insurers whose
applications projected significant premium increases of at
least 10 percent or more.
(7) The Government Accountability Office report, and
additional academic literature, shows that the Department of
Health and Human Services was forced to grant special annual
benefit limit waivers because certain employers, unions,
insurers, and others cannot comply with the health care law's
new coverage mandates and continue offering health insurance to
their employees.
(8) The Government Accountability Office data concludes
premiums are going up as a direct result of the health care
law, threatening private insurance coverage options and violate
the promise that ``you can keep what you have today, if you
like it''.
(9) Independent analysis by the non-partisan Congressional
Budget Office confirms that premiums will increase by $2,100
per year for families buying insurance on their own, while
Administration officials repeatedly promised the American
people their costs would go down by $2,500 per year.
(10) On June 17, 2011, the Department of Health and Human
Services announced plans to terminate its arbitrary annual
benefit limit waiver policy. Administration officials will stop
taking waiver applications on September 22, 2011.
(11) While the Executive Branch did send millions of
postcards advertising the health care law's small business tax
credit, it remains unclear if similar efforts are currently
underway to inform small business owners about the new annual
benefit limit waiver process and program termination.
(12) Any new business starting up after September 22, 2011,
will not have an opportunity to request and secure an annual
benefit limit waiver from the Department of Health and Human
Services. Without a waiver, these employers may not be able to
afford to offer any health insurance coverage to their
employees at all.
SEC. 3. INDIVIDUAL PPACA WAIVERS.
(a) In General.--An individual may apply for a waiver from one or
more of the requirements of the Patient Protection and Affordable Care
Act (or an amendment made by that Act or a regulation promulgated under
that Act or amendment) by submitting an application to the Secretary of
Health and Human Services (referred to in this Act as the
``Secretary'').
(b) Requirements.--An application submitted under subsection (a)
shall include the following:
(1) The provision or provisions of the Patient Protection
and Affordable Care Act (or an amendment made by that Act or a
regulation promulgated under that Act or amendment) for which
the waiver is being sought.
(2) A brief description of why compliance with the
provision or provisions involved would result in--
(A) a decrease in access to benefits that are
currently covered by a plan or policy in which the
individual is enrolled; or
(B) an increase in premiums to be paid by the
individual for such coverage.
(c) Completion of Process.--The Secretary shall issue waivers
within 30 days of the receipt of such application.
(d) Guidance.--The Secretary shall issue guidance to individuals in
how they can apply for and be granted a waiver under this section.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4803)
Read twice and referred to the Committee on Finance.
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