RIP MSP Act

II Calendar No. 190 116TH CONGRESS 1ST SESSION S. 1378 [Report No. 116–86] To repeal the multi-State plan program. IN THE SENATE OF THE UNITED STATES MAY 8, 2019 Mr. JOHNSON (for himself, Mr. BARRASSO, Mr. BRAUN, Mr. WICKER, Mr. LEE, Mr. ALEXANDER, Mr. ENZI, Mr. CRAMER, and Mr. PAUL) intro- duced the following bill; which was read twice and referred to the Com- mittee on Homeland Security and Governmental Affairs SEPTEMBER 10, 2019 Reported by Mr. JOHNSON, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To repeal the multi-State plan program. 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 ‘‘Repeal Insurance 4 Plans of the Multi-State Program Act of 2019’’ or the 5 ‘‘RIP MSP Act’’. 6 VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1378 RS SEC. 2. REPEAL OF MULTI-STATE PLAN PROGRAM. 1 (a) DEFINITIONS.—In this section, the terms ‘‘multi- 2 State plan issuer’’ and ‘‘MSP issuer’’ mean a health insur- 3 ance issuer or group of health insurance issuers that has 4 a contract with the Office of Personnel Management to 5 offer multi-State plan options pursuant to section 1334 6 of the Patient Protection and Affordable Care Act (Public 7 Law 111–148). 8 (b) PROGRAM REPEAL.—Effective January 1, 2020, 9 section 1334 of the Patient Protection and Affordable 10 Care Act (Public Law 111–148) shall have no force or 11 effect. 12 (c) REQUIRED REPORTING.—Not later than 60 days 13 after the date of enactment of this Act, the Director of 14 the Office of Personnel Management shall provide the 15 Committee on Homeland Security and Governmental Af- 16 fairs of the Senate and the Committee on Oversight and 17 Reform of the House of Representatives a briefing con- 18 cerning the efforts of the Office of Personnel Management 19 (referred to in this section as ‘‘OPM’’) to wind down the 20 multi-State program under section 1334 of the Patient 21 Protection and Affordable Care Act. Such briefing shall 22 contain such information as may be required, including 23 information regarding— 24 (1) the methods of communication OPM and an 25 MSP issuer will use to notify current enrollees that 26 VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1378 RS the multi-State plan will not be offered during the 1 next open season, including a timeline of the planned 2 communications; 3 (2) a description of how the Director of OPM 4 will work with the Secretary of Health and Human 5 Services to ensure that no plans previously offered 6 pursuant to such section 1334 are offered on State 7 or Federal Exchanges; and 8 (3) a timeline detailing how OPM will close 9 down the information technology portal that MSP 10 issuers utilize. 11 (d) RESCISSION OF UNUSED FUNDS.—Of the 12 amounts made available to OPM for the purposes of staff- 13 ing and administering the program under section 1334 of 14 the Patient Protection and Affordable Care Act, the unob- 15 ligated balance is rescinded, effective January 1, 2020. 16 (e) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that— 18 (1) the Director of the Office of Personnel 19 Management should assign employees of the Office 20 whose duties on the date of enactment relate to car- 21 rying out section 1334 of the Patient Protection and 22 Affordable Care Act (Public Law 111–148) to duties 23 relating to processing appeals brought by individuals 24 or employers pursuant to such section 1334; and 25 VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1378 RS (2) no additional amounts should be appro- 1 priated for salaries and expenses relating to proc- 2 essing such appeals. 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Repeal Insurance Plans 5 of the Multi-State Program Act’’ or the ‘‘RIP MSP Act’’. 6 SEC. 2. REPEAL OF MULTI-STATE PLAN PROGRAM. 7 (a) DEFINITIONS.—In this section, the terms ‘‘multi- 8 State plan issuer’’ and ‘‘MSP issuer’’ mean a health insur- 9 ance issuer or group of health insurance issuers that has 10 a contract with the Office of Personnel Management to offer 11 multi-State plan options pursuant to section 1334 of the 12 Patient Protection and Affordable Care Act (Public Law 13 111–148). 14 (b) PROGRAM REPEAL.—Effective January 1, 2020, 15 section 1334 of the Patient Protection and Affordable Care 16 Act (Public Law 111–148) shall have no force or effect. 17 (c) TERMINATION OF EXTERNAL REVIEW.—The ad- 18 ministration of external review pursuant to section 1334 19 of the Patient Protection and Affordable Care Act shall con- 20 clude upon the issuance by the Director of the Office of Per- 21 sonnel Management (referred to in this section as ‘‘OPM’’) 22 of all final decisions for enrollees enrolled in a multi-State 23 plan during or before the 2019 plan year. 24 VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1378 RS (d) REQUIRED REPORTING.—Not later than 60 days 1 after the date of enactment of this Act, the Director of OPM 2 shall provide the Committee on Homeland Security and 3 Governmental Affairs and the Committee on Health, Edu- 4 cation, Labor, and Pensions of the Senate and the Com- 5 mittee on Oversight and Reform and the Committee on En- 6 ergy and Commerce of the House of Representatives a brief- 7 ing concerning the efforts of the OPM to wind down the 8 multi-State program under section 1334 of the Patient Pro- 9 tection and Affordable Care Act. Such briefing shall contain 10 such information as may be required, including informa- 11 tion regarding— 12 (1) the methods of communication OPM and an 13 MSP issuer will use to notify current enrollees that 14 the multi-State plan will not be offered during the 15 next open season, including a timeline of the planned 16 communications; 17 (2) a description of how the Director of OPM 18 will work with the Secretary of Health and Human 19 Services to ensure that no plans previously offered 20 pursuant to such section 1334 are offered on State or 21 Federal Exchanges; and 22 (3) a timeline detailing how OPM will close 23 down the information technology portal that MSP 24 issuers utilize. 25 VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1378 RS (e) CONFORMING AMENDMENTS.— 1 (1) IN GENERAL.—Title I of the Patient Protec- 2 tion and Affordable Care Act is amended— 3 (A) in section 1301(a) (42 U.S.C. 4 18021(a))— 5 (i) in paragraph (2)— 6 (I) in the heading, by striking 7 ‘‘AND MULTI-STATE QUALIFIED 8 HEALTH PLANS’’; and 9 (II) by striking ‘‘and a multi- 10 State plan under section 1334,’’; and 11 (ii) in paragraph (4), by striking ‘‘, 12 including a multi-State qualified health 13 plan,’’; and 14 (B) in section 1324(a) (42 U.S.C. 15 18044(a)), by striking ‘‘, or a multi-State quali- 16 fied health plan under section 1334,’’. 17 (2) EFFECTIVE DATE.—The amendments made 18 by paragraph (1) shall take effect on January 1, 19 2020. 20 VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 190 116TH CONGRESS 1ST SESSION S. 1378 [Report No. 116–86] A BILL To repeal the multi-State plan program. SEPTEMBER 10, 2019 Reported with an amendment VerDate Sep 11 2014 22:10 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1378.RS S1378 pamtmann on DSKBC07HB2PROD with BILLS