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Statutory Text

SEC. 1333 [42 U.S.C. 18053]. PROVISIONS RELATING TO OFFERING OF
PLANS IN MORE THAN ONE STATE.
(a) HEALTH CARE CHOICE COMPACTS.—
(1) IN GENERAL.—Not later than July 1, 2013, the Secretary
shall, in consultation with the National Association of
Insurance Commissioners, issue regulations for the creation of
health care choice compacts under which 2 or more States may
enter into an agreement under which—
(A) 1 or more qualified health plans could be offered
in the individual markets in all such States but, except as
provided in subparagraph (B), only be subject to the laws
and regulations of the State in which the plan was written
or issued;
(B) the issuer of any qualified health plan to which the
compact applies—
(i) would continue to be subject to market conduct,
unfair trade practices, network adequacy, and consumer
protection standards (including standards relating
to rating), including addressing disputes as to the
performance of the contract, of the State in which the
purchaser resides;
(ii) would be required to be licensed in each State
in which it offers the plan under the compact or to
submit to the jurisdiction of each such State with regard
to the standards described in clause (i) (including
allowing access to records as if the insurer were licensed
in the State); and
(iii) must clearly notify consumers that the policy
may not be subject to all the laws and regulations of
the State in which the purchaser resides.
(2) STATE AUTHORITY.—A State may not enter into an
agreement under this subsection unless the State enacts a law
after the date of the enactment of this title that specifically authorizes
the State to enter into such agreements.
(3) APPROVAL OF COMPACTS.—The Secretary may approve
interstate health care choice compacts under paragraph (1)
only if the Secretary determines that such health care choice
compact—
(A) will provide coverage that is at least as comprehensive
as the coverage defined in section 1302(b) and
offered through Exchanges established under this title;
(B) will provide coverage and cost sharing protections
against excessive out-of-pocket spending that are at least
as affordable as the provisions of this title would provide;
(C) will provide coverage to at least a comparable
number of its residents as the provisions of this title would
provide;
(D) will not increase the Federal deficit; and
(E) will not weaken enforcement of laws and regulations
described in paragraph (1)(B)(i) in any State that is
included in such compact.
(4) EFFECTIVE DATE.—A health care choice compact described
in paragraph (1) shall not take effect before January 1,
2016.
[Subsection (b) stricken by section 10104(p)]