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S.1015 - Health Care Choice Act of 2005109th Congress (2005-2006)

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Sponsor: Sen. DeMint, Jim [R-SC] (Introduced 05/12/2005)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 05/12/2005 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5103-5105)  (All Actions)

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Summary: S.1015 — 109th Congress (2005-2006)All Information (Except Text)

There is one summary for S.1015. Bill summaries are authored by CRS.

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Introduced in Senate (05/12/2005)

Health Care Choice Act of 2005 - Amends the Public Health Service Act to provide that the laws of the primary state (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary state and in any secondary state if the coverage and issuer comply with this Act. Exempts health insurance issuers from any laws of the secondary state that would: (1) regulate the operation of the health insurance issuer in the secondary state, except for certain activities, including paying taxes and registering with the state insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary state; or (3) discriminate against the issuer issuing insurance in both the primary state and any secondary state.

Prohibits a health insurance issuer that provides individual health insurance coverage in a primary or secondary state from: (1) upon renewal, taking certain actions based on health-status related factors, including increasing premiums assessed; and (2) offering coverage in a secondary state that is not currently offered for sale in the primary state.

Allows states to require brokers to obtain a license from that state, but not to impose any requirements that discriminate against nonresident brokers.

Requires health insurance issuers offering coverage in both primary and secondary States state to submit to the insurance commissioner of each state: (1) a copy of a plan of operation, a feasibility study, or similar statement; (2) written notice of any change in designation of its primary state; and (3) quarterly financial statements.

Sets forth requirements (regarding determination of capital and an independent review process) that must be met by primary states in order for an issuer to provde insurance in a secondary state.

Gives sole jurisdiction to primary states to enforce the covered laws in primary and secondary states.