S 1500
Version: Introduced
Author: Murkowski
112th CONGRESS
1st Session
S. 1500
To give Americans access to affordable child-only health insurance coverage.
IN THE SENATE OF THE UNITED STATES
August 2, 2011
MS. MURKOWSKI (for herself, Mr. Enzi, and Mr. Alexander ) introduced the
following bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
A BILL
To give Americans access to affordable child-only health insurance coverage.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SEC. 1. SHORT TITLE This Act may be cited as the " Ensure Children Have Health
Care Act ".
SEC. 2. FINDINGS Congress makes the following findings:
(1) The minority staff of the Committee on Health, Education, Labor and
Pensions of the Senate surveyed whether children under the age of 19 have
access to child-only health insurance plans since the enactment of the Patient
Protection and Affordable Care Act, as amended by the Health Care and Education
Reconciliation Act. The survey found that passage of the new health care law
prompted health insurance carriers to stop selling new child-only health plans
in many States.
(2) Of the 50 States, 17 States reported that there are no health insurance
carriers selling child-only health plans to new enrollees in the State.
(3) Thirty-nine States indicated that at least one health insurance carrier
exited the child-only health insurance market in the State following enactment
of the new health care law.
(4) Accordingly, child-only health insurance access and competition in the
market have declined significantly since the passage of the new health care
law. This precedent raises concerns about the impact that similar changes,
which are scheduled to go into effect in 2014, will have in reducing access and
competition in the health insurance market.
(5) Americans under the age of 19 should be able to get health insurance
coverage in every State, and if it is not offered in their State, they should
be able to purchase health insurance coverage from another State.
SEC. 3. PURCHASING CHILD-ONLY HEALTH INSURANCE ACROSS STATE LINES
(a) IN GENERAL Notwithstanding any other provision of law, effective on October
1, 2011, a health insurance issuer that is licensed to offer child-only health
insurance coverage in a State may also offer such coverage to eligible
residents of other States. The laws of the State in which the issuer is
licensed shall apply with respect to any such coverage.
(b) OPEN ENROLLMENT Not later than 30 days after the date of enactment of this
Act, the Secretary of Health and Human Services shall provide for the
application of a uniform annual enrollment period of at least 45 days with
respect to child-only health insurance coverage to which this section applies.
(c) REGULATIONS Not later than 60 days after the date of enactment of this Act,
the Secretary of Health and Human Services shall promulgate regulations to
carry out this section, including regulations that --
(1) provide protections to enrollees under such regulations;
(2) ensure the solvency of health insurance issuers that offer coverage under
such regulations; and
(3) clarify the procedures that would apply when an enrollee has a complaint
concerning their coverage.
(d) DEFINITIONS
(1) IN GENERAL The definitions contained in section 2791 of the Public Health
Service Act ( 42 U.S.C. 300gg-91 ) shall apply for purposes of this section.
(2) CHILD-ONLY HEALTH INSURANCE COVERAGE The term "child-only health insurance
coverage " means health insurance coverage that is offered only to individuals
who are under 19 years of age.