2015 Session

Budget Amendments - SB800 (Member Request)

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Chief Patron: Alexander
Co-Patron(s): Watkins
State Health Benefits Exchange (language only)

Item 475 #1s

Item 475 #1s

Independent Agencies
State Corporation Commission

Page 460, after line 4, insert:
D.1. Contingent upon a U.S. Supreme Court ruling that results in individuals on the federal exchange no longer eligible for health insurance subsidies; the State Corporation Commission shall establish the Health Benefit Exchange Division as a separate division within the Commission. The Virginia Health Benefit Exchange shall be established and administered by the Commission, through the Division, in compliance with the requirements of this chapter and the Federal Act. The Exchange shall facilitate the purchase and sale of qualified health plans and qualified dental plans to qualified individuals and qualified employers.
2. The Commission shall appoint a Director of the Division, who shall have overall management responsibility for the Exchange.  The Commission, through the Division, shall have governing power and authority in any matter pertaining to the Exchange. The Commission may delegate as it may deem proper such powers and duties to the Director.  The Commission shall carry out its duties and responsibilities under this item in accordance with its rules of practice and procedure and shall decide all matters related to the Exchange in the same manner as it does when performing its other regulatory, judicial, and administrative duties and responsibilities under this Code.
3. Notwithstanding any provision of subparagraph D.1. to the contrary, the Virginia Secretary of Health and Human Resources shall be responsible for (i) providing technology infrastructure development and implementation thereof; (ii) providing ongoing technology support services and maintenance of core information systems platforms, including website development and maintenance; (iii) managing the procurement of technology hardware, software, and technology services used by the Exchange to carry out its functions; and (iv) providing the Commission with secured access to the system functions for eligibility and enrollment, plan administration, customer service, financial management, marketing, outreach, and education. The Virginia Secretary of Health and Human Resources shall bill the Commission for access to such systems based on fair and reasonable billing rates.
4. The Commission shall have the authority to promulgate any regulations and rules deemed necessary to create and operate a health benefits exchange to meet all the requirement of the federal Affordable Care Act.
5. The Exchange shall make qualified health plans and qualified dental plans available to qualified individuals and qualified employers beginning on a date set by the Commission."

(This amendmentcreates, contingent upon a Supreme Court ruling prohibiting subsidies to individuals enrolled through the federal exchange, a state exchange to ensure that no individuals lose their federal subsidies for health insurance.)