Text of Senate Amendment 4447

Text of Senate Amendment 4447

Congressional Record, Volume 172 Issue 48 (Tuesday, March 17, 2026) [Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)] [Senate] [Pages S1140-S1141] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4447. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed by her to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE II--RESTORING PATIENT PROTECTIONS AND AFFORDABILITY Subtitle A--Consumer Protections SEC. 201. RESTORATION OF TEMPORARY ENHANCED PREMIUM CREDITS. (a) In General.--Clause (iii) of section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``January 1, 2026'' and inserting ``January 1, 2029'', and (2) by striking ``2025'' in the heading and inserting ``2028''. (b) Taxpayers Whose Household Income Exceeds 400 Percent of the Poverty Line.--Section 36B(c)(1)(E) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``January 1, 2026'' and inserting ``January 1, 2029'', and (2) by striking ``2025'' in the heading and inserting ``2028''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2025. SEC. 202. ADDITIONAL OPEN ENROLLMENT PERIOD FOR PLAN YEAR 2026. With respect to plan year 2026, the Secretary of Health and Human Services shall require Exchanges to provide an additional open enrollment period under section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) during the period beginning on the date of enactment of this Act and ending on December 31, 2026. SEC. 203. RESTORING NAVIGATOR PROGRAM. (a) Funding.--Section 1311(i)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(i)(6)) is amended-- (1) by striking ``Grants under'' and inserting the following: ``(A) State exchanges.--In the case of an Exchange established and operated by a State pursuant to subsection (b), grants under''; and (2) by adding at the end the following: ``(B) Federal exchanges.--For purposes of carrying out this subsection with respect to an Exchange established and operated by the Secretary pursuant to section 1321(c), the Secretary shall obligate $100,000,000 out of amounts collected through the user fees on participating health insurance issuers pursuant to section 156.50 of title 45, Code of Federal Regulations (or any successor regulations) for fiscal year 2026. Such amount so obligated for a fiscal year shall remain available until expended.''. (b) Standards.--Section 1311(i)(4)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(i)(4)(A)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(iii) charge any fees to applicants or enrollees; or ``(iv) request any form of remuneration from or on behalf of any applicant or enrollee.''. SEC. 204. REPEAL OF DISALLOWANCE OF PREMIUM TAX CREDIT IN CASE OF CERTAIN COVERAGE ENROLLED IN DURING SPECIAL ENROLLMENT PERIOD. (a) In General.--Section 36B(c)(3)(A) of the Internal Revenue Code of 1986, as amended by Public Law 119-21, is amended by striking clause (iii). (b) Effective Date.--The amendment made by this section shall apply with respect to plan years beginning after December 31, 2025. Subtitle B--Health Plan Accountability SEC. 211. MINIMUM NOTICE REQUIREMENTS FOR PLAN YEAR 2025 ENROLLEES. The Secretary of Health and Human Services shall require each health insurance issuer that offered a qualified health plan through a Federal or State Exchange for plan year 2025 to notify, not later than 15 days after the date of enactment of this Act, all individuals enrolled in such plan for any month during plan year 2025 of-- (1) changes to eligibility for premium assistance credits, and to the premium assistance credit amounts, under section 36B of the Internal Revenue Code of 1986 that first take effect with respect to plan year 2026; (2) the additional open enrollment period for plan year 2026 pursuant to section 202; and (3) any additional information relating to such eligibility and enrollment, as the Secretary determines appropriate, including the website and phone number for the applicable Federal or State Exchange. SEC. 212. MINIMUM NOTICE REQUIREMENTS FOR PLAN YEAR 2026 ENROLLEES. (a) In General.--The Secretary of Health and Human Services shall require each health insurance issuer that offers a qualified health plan through a Federal or State Exchange for plan year 2026 to notify all individuals enrolled in such plan for plan year 2026 of-- (1) changes to eligibility for premium assistance credits, and to the premium assistance credit amounts, under section 36B of the Internal Revenue Code of 1986 that first take effect with respect to plan year 2026; (2) the additional open enrollment period for plan year 2026 pursuant to section 202; and (3) any additional information relating to such eligibility and enrollment, as the Secretary determines appropriate, including the website and phone number for the applicable Federal or State Exchange. (b) Timing.--The notification by a health insurance issuer under subsection (a) shall be made-- (1) not later than 15 days after the date of enactment of this Act, with respect to individuals enrolled in such plan as of the date of enactment of this Act; and (2) not later than 15 days after an individual's enrollment, with respect to individuals enrolling, after such date of enactment, in the plan during the additional open enrollment period under section 202 for plan year 2026. SEC. 213. HEALTH INSURANCE ISSUER REPORTING REQUIREMENTS. (a) Report From Issuer.--Not later than 90 days after the date of enactment of this Act, each health insurance issuer that is subject to the reporting requirements under sections 201 and 202 shall submit to the Secretary of Health and Human Services a report attesting to compliance with the requirements under sections 201 and 202. (b) Consolidated Report to Congress.--Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means, the Committee on Energy and Commerce, and the Committee on Education and Workforce of the House of Representatives a report that consolidates the reports submitted by issuers under subsection (a). SEC. 214. ENFORCEMENT. (a) In General.--Consistent with the process set forth in subsections (d) and (e) of section 156.805 of title 45, Code of Federal Regulations (or successor regulations), the Secretary of Health and Human Services may impose a civil monetary penalty upon any health insurance issuer who fails to comply with the notification requirements under section 201 or 202 or the reporting requirements under section 203. [[Page S1141]] (b) Penalty Amounts.-- (1) Violations regarding notice to enrollees.--In the case of a violation of section 201 or 202, such penalty shall be in the amount equal to $1,000 for each individual enrolled in a plan for plan year 2025 or 2026 who did not receive a notice as required under section 201 or 202, as applicable, for each day between the date on which such notice was due and the date on which the notice is provided. (2) Reporting violations.--In the case of a violation of section 203, such penalty shall be in the amount of $1,000 per day for each individual enrolled in health insurance coverage with respect to which the report is required, for each day between the date on which the report under section 302 was due and the date on which the report is submitted. Subtitle C--Eliminating Red Tape SEC. 221. APPLYING COMMERCIAL MARKET POLICY TO REENROLLMENT PROCESS. (a) In General.--Section 36B(c)(5)(A) of the Internal Revenue Code of 1986, as added by Public Law 119-21, is amended by striking ``, using applicable enrollment information that shall be provided or verified by the applicant,''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2027. SEC. 222. PROTECTION AGAINST BUREAUCRATIC COVERAGE DENIALS. (a) In General.--Section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is amended-- (1) in subparagraph (C), by striking ``; and'' and inserting a semicolon; and (2) by adding at the end the following: ``(E) special enrollment periods for any individual denied the advance payment for which the individual applies for one or more months pending the verification prescribed by section 36B(c)(5)(A) of the Internal Revenue Code of 1986, to permit enrollment of any such individual following such verification; and''. (b) Effective Date.--The amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2028. SEC. 223. AUTOMATIC ENROLLMENT FROM BRONZE TO SILVER LEVEL QUALIFIED HEALTH PLANS OFFERED ON EXCHANGES. The Secretary of Health and Human Services shall revise section 155.335(j) of title 45, Code of Federal Regulations (or any successor regulation) to ensure that, with respect to reenrollments for plan years beginning on or after January 1, 2026, a Federal or State Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) may reenroll an individual who was enrolled in a bronze level qualified health plan in a silver level qualified health plan (as such terms are defined in section 1301(a) and described in 1302(d) of such Act (42 U.S.C. 18021(a); 18022(d))). Subtitle D--Market Stabilization SEC. 231. RESTORING MARKETPLACE FLEXIBILITY. (a) In General.--Section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)), as