Section 1 Short title
This Act may be cited as the “No Carve Out for Congress Act of 2017”.
No Carve Out for Congress Act of 2017
A BILL
To amend the Patient Protection and Affordable Care Act to restrict Members of Congress who represent a State with an essential health benefits (EHB) waiver, approved under the amendments made by the American Health Care Act of 2017, to the lowest actuarial value health insurance coverage that is available under the waiver.
Sec. 2 Restricting access of certain Members of Congress, who represent a State with an AHCA EHB approved waiver, to the lowest actuarial value health insurance coverage available under the waiver
Section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended—
in subparagraph (D)(i), by inserting “except as provided in subparagraph (E),” after “Notwithstanding any other provision of law,”; and
by adding at the end the following new subparagraph:
“(E) Limiting coverage of Members of Congress in States with AHCA EHB waivers—In the case of a State that has a waiver approved and in effect under section 2701(b) of the Public Health Service Act, as added by section 136(a) of the American Health Care Act of 2017, for the purpose described in paragraph (1)(B) of such section 2701(b) (relating to a waiver of essential health benefits), a Member of Congress who represents such State (or a district in the State)—
“(i) is not eligible, with respect to the Member’s services as a Member of Congress, to receive coverage under any health benefits plan under chapter 89 of title 5, United States Code, and is not eligible for any Government contribution under such chapter with respect to any health benefits plan (including health insurance coverage described in clause (ii)); and
“(ii) is eligible to enroll in health insurance coverage in the individual market in the State under this Act and under such waiver, but only in such coverage (offered in the area in which the Member resides) with the lowest actuarial value of all such coverage in such area at the time of enrollment (or reenrollment).”