ENROLL Act of 2019

IB Union Calendar No. 28 116TH CONGRESS 1ST SESSION H. R. 1386 [Report No. 116–50] To amend the Patient Protection and Affordable Care Act to provide for additional requirements with respect to the navigator program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 27, 2019 Ms. CASTOR of Florida (for herself, Ms. BLUNT ROCHESTER, Ms. WILSON of Florida, and Mr. CRIST) introduced the following bill; which was referred to the Committee on Energy and Commerce MAY 3, 2019 Additional sponsors: Mrs. MURPHY, Mr. KENNEDY, Mr. RUIZ, Mrs. DINGELL, Mr. RUSH, Mr. PALLONE, Ms. MATSUI, Ms. ESHOO, Mr. VAN DREW, Ms. CLARKE of New York, Ms. SCHAKOWSKY, Ms. MCCOLLUM, Ms. MUCARSEL-POWELL, and Mr. CISNEROS MAY 3, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 27, 2019] VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1386 RH A BILL To amend the Patient Protection and Affordable Care Act to provide for additional requirements with respect to the navigator program, and for other purposes. VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1386 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expand Navigators’ Re- 4 sources for Outreach, Learning, and Longevity Act of 2019’’ 5 or the ‘‘ENROLL Act of 2019’’. 6 SEC. 2. PROVIDING FOR ADDITIONAL REQUIREMENTS WITH 7 RESPECT TO THE NAVIGATOR PROGRAM. 8 (a) IN GENERAL.—Section 1311(i) of the Patient Pro- 9 tection and Affordable Care Act (42 U.S.C. 18031(i)) is 10 amended— 11 (1) in paragraph (2), by adding at the end the 12 following new subparagraph: 13 ‘‘(C) SELECTION OF RECIPIENTS.—In the 14 case of an Exchange established and operated by 15 the Secretary within a State pursuant to section 16 1321(c), in awarding grants under paragraph 17 (1), the Exchange shall— 18 ‘‘(i) select entities to receive such 19 grants based on an entity’s demonstrated 20 capacity to carry out each of the duties 21 specified in paragraph (3); 22 ‘‘(ii) not take into account whether or 23 not the entity has demonstrated how the en- 24 tity will provide information to individuals 25 VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1386 RH relating to group health plans offered by a 1 group or association of employers described 2 in section 2510.3–5(b) of title 29, Code of 3 Federal Regulations (or any successor regu- 4 lation), or short-term limited duration in- 5 surance (as defined by the Secretary for 6 purposes of section 2791(b)(5) of the Public 7 Health Service Act); and 8 ‘‘(iii) ensure that, each year, the Ex- 9 change awards such a grant to— 10 ‘‘(I) at least one entity described 11 in this paragraph that is a community 12 and consumer-focused nonprofit group; 13 and 14 ‘‘(II) at least one entity described 15 in subparagraph (B), which may in- 16 clude another community and con- 17 sumer-focused nonprofit group in addi- 18 tion to any such group awarded a 19 grant pursuant to subclause (I). 20 In awarding such grants, an Exchange may 21 consider an entity’s record with respect to 22 waste, fraud, and abuse for purposes of 23 maintaining the integrity of such Ex- 24 change.’’; 25 VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1386 RH (2) in paragraph (3)— 1 (A) in subparagraph (C), by inserting after 2 ‘‘qualified health plans’’ the following: ‘‘, State 3 medicaid plans under title XIX of the Social Se- 4 curity Act, and State children’s health insurance 5 programs under title XXI of such Act’’; and 6 (B) by adding at the end the following flush 7 left sentence: 8 ‘‘The duties specified in the preceding sentence may 9 be carried out by such a navigator at any time dur- 10 ing a year.’’; 11 (3) in paragraph (4)(A)— 12 (A) in the matter preceding clause (i), by 13 striking ‘‘not’’; 14 (B) in clause (i)— 15 (i) by inserting ‘‘not’’ before ‘‘be’’; and 16 (ii) by striking ‘‘; or’’ and inserting 17 ‘‘;’’; 18 (C) in clause (ii)— 19 (i) by inserting ‘‘not’’ before ‘‘receive’’; 20 and 21 (ii) by striking the period and insert- 22 ing ‘‘;’’; and 23 (D) by adding at the end the following new 24 clause: 25 VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1386 RH ‘‘(iii) maintain physical presence in 1 the State of the Exchange so as to allow in- 2 person assistance to consumers.’’; and 3 (4) in paragraph (6)— 4 (A) by striking ‘‘FUNDING.—Grants under’’ 5 and inserting ‘‘FUNDING.— 6 ‘‘(A) STATE EXCHANGES.—Grants under’’; 7 and 8 (B) by adding at the end the following new 9 subparagraph: 10 ‘‘(B) FEDERAL EXCHANGES.—For purposes 11 of carrying out this subsection, with respect to 12 an Exchange established and operated by the 13 Secretary within a State pursuant to section 14 1321(c), the Secretary shall obligate 15 $100,000,000 out of amounts collected through 16 the user fees on participating health insurance 17 issuers pursuant to section 156.50 of title 45, 18 Code of Federal Regulations (or any successor 19 regulations) for fiscal year 2020 and each subse- 20 quent fiscal year. Such amount for a fiscal year 21 shall remain available until expended.’’. 22 (b) EFFECTIVE DATE.—The amendments made by sub- 23 section (a) shall apply with respect to plan years beginning 24 on or after January 1, 2020. 25 VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS Union Calendar No. 28 116TH CONGRESS 1ST SESSION H. R. 1386 [Report No. 116–50] A BILL To amend the Patient Protection and Affordable Care Act to provide for additional requirements with respect to the navigator program, and for other purposes. MAY 3, 2019 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 20:33 May 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1386.RH H1386 pamtmann on DSKBFK8HB2PROD with BILLS