[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2749 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2749
To establish a board of directors and CEO to oversee the Federal
Exchange and State Exchanges, and to provide health insurance
oversight.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mrs. Shaheen introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a board of directors and CEO to oversee the Federal
Exchange and State Exchanges, and to provide health insurance
oversight.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXCHANGE OVERSIGHT.
Subtitle D of title I of the Patient Protection and Affordable Care
Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the
following:
``PART 6--EXCHANGE OVERSIGHT
``SEC. 1351. BOARD OF DIRECTORS AND CEO.
``(a) In General.--There is established the Marketplace Health
Insurance Corporation headed by a Chief Executive Officer and directed
by a Board of Directors, to oversee management of the Federal Exchange
and State Exchanges, and to provide health insurance oversight.
``(b) CEO.--
``(1) In general.--The President shall appoint a Chief
Executive Officer, by and with the consent of the Senate, who
shall be responsible for administering the Federal Exchange,
for overseeing State Exchanges, and for health insurance
oversight.
``(2) Authorities and duties.--The Chief Executive Officer
shall--
``(A) report directly to the President;
``(B) be accountable for implementation of the
Federal Exchange and oversight of the State Exchanges;
``(C) be responsible for all Federal health
insurance oversight; and
``(D) serve the public interest of individuals
seeking health insurance, serve businesses seeking
access to health coverage through the Exchanges, and
ensure the efficient operation and function of the
Exchanges.
``(3) Requirement.--To be eligible for appointment as Chief
Executive Officer, an individual shall have a background in
health care issues and private-sector management experience.
``(c) Board of Directors.--
``(1) Establishment.--There is established a Board of
Directors of the Marketplace Health Insurance Corporation.
``(2) Duties.--The Board of Directors shall advise the
Chief Executive Officer on the operation of the Federal
Exchange, implementation of the State Exchanges, and health
insurance oversight, including--
``(A) the functionality of healthcare.gov (or any
subsequent Internet site), including SHOP exchanges;
``(B) ensuring that enrollment information is
properly transferred from healthcare.gov (or any
subsequent Internet site) to State Medicaid agencies;
``(C) accuracy of enrollee information submitted
through the Exchanges;
``(D) ensuring the accuracy of advanced premium tax
credits;
``(E) ensuring the accuracy of payment to insurers;
``(F) enhancement of the consumer experience when
comparing plans, including out-of-pocket costs, and
searching for a specific provider or drug formulary;
``(G) overseeing the selection of plans offered on
the Federal Exchange, including sufficient network
adequacy and transparency requirements;
``(H) providing recommendations to the Secretary of
the Treasury with respect to the implementation of
section 4980H of the Internal Revenue Code of 1986 and
potential policy changes with respect to such section
and associated reporting requirements;
``(I) creating an automated appeals system for
healthcare.gov (or any subsequent Internet site);
``(J) overseeing the transition from a State
Exchange to the Federal Exchange;
``(K) enabling online enrollment in health
insurance plans through the Exchanges for small
businesses and employee choice for employees of small
businesses;
``(L) overseeing the Federal contracting related to
healthcare.gov (or any subsequent Internet site);
``(M) providing recommendations to the Office of
Personal Management on the oversight and administration
of the multi-State plan program; and
``(N) additional matters, as determined by the
Secretary of Health and Human Services, the Chief
Executive Officer, or President.
``(3) Membership.--The Board of Directors shall be
comprised of the following:
``(A) The Secretary of Health and Human Services.
``(B) The Administrator of the Centers for Medicare
& Medicaid Services.
``(C) The Commissioner of the Internal Revenue
Service.
``(D) The Administrator of the Small Business
Administration.
``(E) Three representatives of the private sector
who have demonstrated knowledge in individual health
care coverage, small employer health care coverage,
administering a public or private health care delivery
system, operating complex information system
technologies, or promoting health and wellness,
appointed by the Comptroller General of the United
States.
``(4) Terms.--
``(A) Officers of the federal government.--Each
member of the Board of Directors described in
subparagraphs (A) through (D) of paragraph (3) shall
serve for a term that is concurrent with the member's
term as an officer within the Federal department or
agency.
``(B) Other members.--Each member of the board
described in paragraph (3)(E) shall be appointed for a
term of 3 years and may be reappointed for a term of an
additional 2 years.
``(5) Chairperson.--The Secretary of Health and Human
Services shall serve as Chair of the Board of Directors.
``(d) Technical Advisory Committee.--
``(1) In general.--To assist the Chief Executive Officer
and Board of Directors in carrying out their duties, the Board
of Directors shall establish a technical advisory committee.
``(2) Membership.--The technical advisory committee shall
be comprised of the following:
``(A) One technical expert from the Centers for
Medicare & Medicaid Administration.
``(B) One representative of the health insurance
industry.
``(C) One representative of health care consumer
groups.
``(D) One representative of the National
Association of Insurance Commissioners.
``(E) One representative of the State Medicaid
agencies.
``(F) One representative from the small business
community.
``(G) One representative of Federal information
technology contractors involved in the operation and
development of healthcare.gov (or any subsequent
Internet site).
``(H) At the discretion of the Chair of the Board
of Directors, up to 2 additional members, selected by
the Chair and approved by the Chief Executive Officer.
``(3) Chair.--The Chair of the Board of Directors shall
appoint one member of the technical advisory committee to serve
as Chair of such committee.
``(4) Terms.--Each member of the technical advisory
committee shall be appointed for a term of 3 years and may be
reappointed for a term of an additional 2 years.
``(e) Work Plan and Report.--
``(1) Work plan.--Not later than 3 months after the date of
enactment of this section, the Chief Executive Officer, in
cooperation with the Board of Directors, shall develop a work
plan with respect to duties described in subsection (c)(2),
indicating the priority and schedule the Board of Directors
will take in addressing such duties. The work plan shall be
displayed on healthcare.gov (or any subsequent Internet site).
``(2) Annual report.--Not later than February 1 of each
year, the Chief Executive Officer, in consultation with the
Board of Directors, shall submit an annual report to the
President and Congress on the status of the Federal Exchange
and related insurance oversight, including progress made on the
duties of the Chief Executive Officer and Board of Directors
under subsection (c)(2) and remaining issues to be addressed to
enhance the functionality of healthcare.gov (or any subsequent
Internet site).''.
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