[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1206 Reported in House (RH)]
Union Calendar No. 507
112th CONGRESS
2d Session
H. R. 1206
[Report No. 112-694]
To amend title XXVII of the Public Health Service Act to preserve
consumer and employer access to licensed independent insurance
producers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2011
Mr. Rogers of Michigan (for himself, Mr. Barrow, Mr. Walsh of Illinois,
Mr. Burgess, Mr. Austria, Mr. Rokita, Mr. Boren, Mr. Carter, Mr. Heck,
Mr. Ross of Arkansas, Mr. Stivers, Mrs. McMorris Rodgers, Mr. Holden,
Mr. Roskam, and Mr. McClintock) introduced the following bill; which
was referred to the Committee on Energy and Commerce
November 15, 2012
Additional sponsors: Mrs. Blackburn, Mr. Griffin of Arkansas, Mr.
Ruppersberger, Mr. Yoder, Mr. Sessions, Mr. McCaul, Mr. Burton of
Indiana, Mr. McCotter, Mr. Mulvaney, Mr. Kissell, Mr. Price of Georgia,
Mr. Platts, Mr. Coble, Mr. Gingrey of Georgia, Mr. Rogers of Kentucky,
Mr. Boustany, Mr. Huizenga of Michigan, Ms. Granger, Mr. Paul, Ms.
Bordallo, Mr. Akin, Mr. Dold, Mr. Gardner, Mr. Cassidy, Mr.
Fitzpatrick, Mr. Schrader, Mr. Forbes, Mr. Guthrie, Mr. Sullivan, Mr.
McKinley, Mr. Stutzman, Mr. Long, Mr. Benishek, Ms. McCollum, Mr.
Woodall, Mr. Andrews, Mr. Barletta, Mr. McIntyre, Mr. Fleming, Mr.
Stearns, Mr. Chandler, Mr. Coffman of Colorado, Mr. Harper, Mr.
DeFazio, Mr. Hultgren, Mr. Harris, Mr. Schock, Mr. Luetkemeyer, Mr.
Nunnelee, Mr. Gerlach, Mr. Walberg, Mr. Kinzinger of Illinois, Mr.
Ribble, Mr. Whitfield, Mr. Tiberi, Mr. Terry, Mr. Pompeo, Mr. Walden,
Mr. Wilson of South Carolina, Ms. Jenkins, Mr. Matheson, Mr. Shimkus,
Mr. Posey, Mr. Sam Johnson of Texas, Mr. Johnson of Ohio, Mr.
Schweikert, Mr. Thornberry, Mr. Fortenberry, Mr. Latta, Mr. Canseco,
Mr. Altmire, Mr. Rehberg, Mr. Farenthold, Mr. Bass of New Hampshire,
Mr. Guinta, Mr. Scalise, Mr. Paulsen, Mr. Latham, Mr. Petri, Mr.
Conaway, Mr. Poe of Texas, Mr. Hanna, Mr. Smith of Texas, Mr. Miller of
Florida, Mr. Roe of Tennessee, Mr. Renacci, Mr. Brooks, Mr. LoBiondo,
Mr. King of Iowa, Mr. Neugebauer, Mr. Alexander, Mr. Ryan of Wisconsin,
Mrs. Capito, Mr. Marino, Mr. Hall, Mr. Murphy of Pennsylvania, Mrs.
Miller of Michigan, Mr. Gibson, Ms. Hayworth, Mr. Kelly, Mr. Nugent,
Mr. Austin Scott of Georgia, Mr. Rahall, Mr. Calvert, Mr. Marchant, Mr.
Bucshon, Mr. Young of Indiana, Mr. Duncan of South Carolina, Mr. Duffy,
Mrs. Myrick, Mr. Graves of Missouri, Mr. Fleischmann, Mr. Owens, Ms.
Buerkle, Mr. Tipton, Mr. Scott of South Carolina, Mr. Chabot, Mr.
Goodlatte, Mrs. Biggert, Mrs. Bono Mack, Mr. Dent, Mr. Perlmutter, Mr.
Shuster, Mr. Hurt, Mr. Davis of Kentucky, Mr. Mica, Mr. Olson, Mr.
Huelskamp, Ms. Herrera Beutler, Mr. Broun of Georgia, Mr. Wittman, Mr.
West, Mrs. Ellmers, Mr. Frelinghuysen, Mr. Pence, Mr. Reed, Mrs. Adams,
Mr. Bishop of Georgia, Mr. Meehan, Mr. Bishop of Utah, Mr. Manzullo,
Mr. Bilbray, Mr. Duncan of Tennessee, Mr. Landry, Mr. Pearce, Mr.
Thompson of Pennsylvania, Mr. Gowdy, Mr. Kingston, Mr. Gallegly, Mr.
Fincher, Mr. Lance, Mr. LaTourette, Mr. Reichert, Mr. Amodei, Mr.
Pastor of Arizona, Mrs. Roby, Mr. Graves of Georgia, Mr. Westmoreland,
Mr. Womack, Mr. Labrador, Mr. Smith of New Jersey, Mr. Palazzo, Mr.
Runyan, Mr. DesJarlais, Mr. Gibbs, Mr. Schilling, Mr. Griffith of
Virginia, Mr. Bonner, Mrs. Hartzler, Mr. Hensarling, Mr. Jones, Mr.
Rigell, Mrs. Black, Mr. Young of Alaska, Mr. Daniel E. Lungren of
California, Mr. Barton of Texas, Mr. Bartlett, Mr. Hinchey, Mr. Towns,
Mr. Southerland, Mr. Crawford, Mr. Gosar, Mr. David Scott of Georgia,
Mrs. Emerson, Mr. Chaffetz, Mr. McKeon, Mr. Hastings of Washington, Mr.
Brady of Texas, Mr. Simpson, Mrs. Bachmann, Mr. Buchanan, Mrs. Noem,
Mr. Clay, Mr. Gohmert, Mr. Mack, Mr. Flake, Mrs. Lummis, Mr. Gary G.
Miller of California, Mr. Grimm, Mr. Crenshaw, Mr. Rivera, Mr. Kline,
Mr. Cravaack, Mr. Bishop of New York, Mr. Turner of Ohio, Mr. Flores,
and Mr. Aderholt
November 15, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act to preserve
consumer and employer access to licensed independent insurance
producers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Professional Health
Insurance Advisors Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Licensed independent insurance producers (agents and
brokers) provide a wide range of services for both individual
consumers and the business community. Producers interface with
insurers, acquire quotes, analyze plan options, and consult
clients through the purchase of health insurance.
(2) Licensed independent insurance producers provide
guidance regarding benefit and contribution arrangements to
ensure compliance with applicable State and Federal laws and
regulations; assist with establishing section 125 plan tax
savings under the Internal Revenue Code, health reimbursement
arrangements, flexible spending arrangements, and other
programs to maximize tax advantages and ensure compliance with
applicable Internal Revenue Service guidelines; create
educational materials and provide on-site assistance to aid in
employee benefit communication; assist in managing eligibility
for new hires and terminated employees; provide advocacy for
employees through the health insurance claim process; and
advocate for employers with insurers in developing proposals,
renewals, and for service issues throughout the year.
(3) In order to meet these responsibilities, licensed
independent insurance producers are required to complete
continuing education on an ongoing basis in order to maintain
appropriate licenses. This requirement to maintain educational
standards helps assure the insured public that producers remain
current with the ever-evolving insurance market.
(4) It is essential that licensed independent insurance
producers continue to perform these duties, and others, as the
Patient Protection and Affordable Care Act has made significant
changes to the regulatory environment for health plans. To
understand these changes, employers and consumers will need
professional guidance even more in the future. This service is
especially important for small businesses, as such producers
often fill the role of a human resources department as well as
professional consultant.
(5) The National Association of Insurance Commissioners--
whose core mission is to protect consumers in all aspects of
the business of insurance--strongly advocates for the
continuing role of licensed independent insurance producers in
health insurance, and has expressed that the ability of
insurance agents and brokers to continue assisting health
insurance consumers at a time of rapid insurance market changes
is more essential than ever.
(6) It is critical that the indispensable role played by
licensed independent insurance producers is recognized and
protected.
SEC. 3. PROTECTING THE ABILITY OF LICENSED INDEPENDENT INSURANCE
PRODUCERS TO CONTINUE TO SERVE THE PUBLIC.
(a) In General.--Section 2718 of the Public Health Service Act (42
U.S.C. 300gg et seq.), as inserted by section 1001 and amended by
section 10101(f) of the Patient Protection and Affordable Care Act, is
amended--
(1) in subsection (a)(3), by inserting ``, remuneration
paid for licensed independent insurance producers,'' after
``State taxes'';
(2) in subsection (b)(1)(A)--
(A) in the matter preceding clause (i), by
inserting ``, remuneration paid for licensed
independent insurance producers,'' after ``State
taxes'';
(B) in clause (ii), by inserting ``or small group
market'' before ``in such State''; and
(C) by adding at the end the following new
sentence:
``In the case of a State request for an adjustment
pursuant to clause (ii), the Secretary shall defer to
the State's findings and determinations regarding
destabilization.'';
(3) in subsection (b)(1)(B), by inserting ``, remuneration
paid for licensed independent insurance producers,'' after
``State taxes'';
(4) in subsection (d), by inserting ``or small group
market'' after ``individual market''; and
(5) by adding at the end the following new subsection:
``(f) Independent Insurance Producer Remuneration Definitions.--For
purposes of this section:
``(1) The term `independent insurance producer' means an
insurance agent or broker, insurance consultant, benefit
specialist, limited insurance representative, and any other
person required to be licensed under the laws of the particular
State to sell, solicit, negotiate, service, effect, procure,
renew or bind policies of insurance coverage or offer advice,
counsel, opinions, or services related to insurance.
``(2) The term `remuneration' means compensation paid by or
accrued from an insurance issuer or health plan for services
rendered under contractual agreement which may include fees,
commissions, or rebates.''.
(b) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Health and Human Services, in
coordination with the National Association of Insurance Commissioners,
shall amend any applicable regulations so as to take the amendments
made by subsection (a) into account.
Union Calendar No. 507
112th CONGRESS
2d Session
H. R. 1206
[Report No. 112-694]
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act to preserve
consumer and employer access to licensed independent insurance
producers.
_______________________________________________________________________
November 15, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed