Section 1 Short title
This Act may be cited as the “Health Insurance Freedom Act of 2013”.
Health Insurance Freedom Act of 2013
A BILL
To amend the Patient Protection and Affordable Care Act to allow individuals to opt out of the minimum required health benefits by permitting health insurance issuers to offer qualified health plans that offer alternative benefits to the minimum essential health benefits otherwise required, and for other purposes.
Sec. 2 Permitting health insurance issuers to offer qualified health plans with alternative health benefits so individuals can opt out of minimum essential health benefits
In general— Section 1301 of the Patient Protection and Affordable Care Act (42 U.S.C. 18021) is amended—
in subsection (a)(1)(B), by inserting “subject to paragraph (3),” after “(B)”; and
by adding at the end the following new paragraph:
“(3) Permitting alternative benefits
“(A) In general—Notwithstanding subsection (a)(1)(B) or any other provision of this Act, a health insurance issuer may offer, both through an Exchange and outside of an Exchange, health insurance coverage that—
“(i) provides the essential health benefits package described in subsection (a) of section 1302, other than the minimum benefits required under subsection (b) of such section and the level of coverage required under subsection (c) of such section; and
“(ii) meets such Federal and State benefit requirements as otherwise applied as of October 1, 2013, in the State in which the coverage is offered.
“(B) Treatment
“(i) In general—Except as provided in paragraph (2), health insurance coverage that is offered under paragraph (1) shall be treated as a qualified health plan for purposes of this Act (and the amendments made by this Act), including constituting minimum essential coverage for purposes of section 5000A(f)(1) of the Internal Revenue Code of 1986.
“(ii) Not eligible for subsidies; not treated as a bronze, silver, gold, or platinum plan—Such health insurance coverage shall not—
“(I) be treated as a qualified health plan for purposes of applying section 36B of the Internal Revenue Code of 1986 and section 1402 of this Act; and
“(II) be treated as a bronze, silver, gold, or platinum plan or be taken into account in applying section 36B(b)(3)(B) of such Code.”
Effective date— The amendments made by subsection (a) shall be effective as if included in the enactment of the Patient Protection and Affordable Care Act.