IN THE SENATE OF THE UNITED STATES
September 14, 2016
Mr. Flake introduced the following bill; which was read twice and referred to the Committee on Finance
To provide an exemption to the individual mandate to maintain health coverage for certain individuals residing in service areas with no health insurance issuers offering plans on an Exchange, and for other purposes.
Hardship exemption for individuals with no plans offered on an Exchange
Modification of hardship exemption
Section 1311(d)(4)(H) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(4)(H)) is amended—
in clause (i), by striking
or at the end;
by redesignating clause (ii) as clause (iii); and
by inserting after clause (i) the following new clause:
there is no health insurance issuer offering any qualified health plan to such individual through an Exchange in the service area in which the individual resides; or
The amendments made by paragraph (1) shall apply to months beginning on or after January 1, 2017.
Notwithstanding any other provision of law, an individual who has been certified under clause (ii) of section 1311(d)(4)(H) of the Patient Protection and Affordable Care Act (42 U.S.C. 13031(d)(4)(H)) as exempt from the individual requirement or penalty under section 5000A of the Internal Revenue Code of 1986 may enroll in a short-term health plan for each month for which such certification applies, and a health insurance issuer may provide any such individual coverage under a short-term health plan for each such month, including continuous coverage in excess of 3 months and renewal of coverage, as applicable.