IN THE SENATE OF THE UNITED STATES
May 6, 2013
Mr. Sanders (for himself and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Finance
To provide for an earlier start for State health care coverage innovation waivers under the Patient Protection and Affordable Care Act, and for other purposes.
This Act may be cited as
State Leadership in Health Care
Earlier start for State health care coverage innovation waivers
Section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. 18052) is amended—
(a)(1), by striking
January 1, 2017 and inserting
1, 2015; and
by amending subsection (e) to read as follows:
Term of waiver
No waiver under this section may extend over a period of more than 5 years unless the State requests continuation of such waiver and such request is granted by the Secretary under paragraph (2).
Approval of request
A request under paragraph (1) shall be deemed granted unless the Secretary, not later than 90 days after the date of submission to the Secretary of such request, either denies such request in writing or informs the State in writing with respect to any additional information that is needed in order to make a final determination with respect to the request.
Denial of request
The Secretary may deny such a request only if the Secretary—
determines that the State plan under the waiver to be continued did not meet the requirements under subsection (b);
notifies the State in writing of the requirements under subsection (b) that the State plan did not meet and provides to the State the information used by the Secretary in making that determination; and
provides the State with an opportunity to appeal such determination and provide information as to how such requirements were met.
Reconsideration of request
In the case of an appeal described in subparagraph (B)(iii), the Secretary shall consider any information provided under such clause and reconsider the determination made under subparagraph (B)(i), and shall issue a written decision on such appeal not later than 60 days after the date on which the Secretary receives notice of such appeal. The Secretary shall grant the request if the Secretary determines upon reconsideration that the State plan meets such requirements.