Section 1 Prohibiting state exchanges from imposing assessments or fees on excepted benefits and standalone dental plans not sold through an Exchange
In general— Section 1311(d)(5) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(5)) is amended—
in subparagraph (A), by inserting “, subject to subparagraph (C)” after “its operations”; and
by adding at the end the following new subparagraph:
“(C) Limitation—For purposes of subparagraph (A), a State, with respect to an Exchange within such State, may not charge a health insurance issuer an assessment, user fee, tax, or any other fee—
“(i) on excepted benefits coverage within the meaning of section 2791(c) of the Public Health Service Act that is not sold on an Exchange; or
“(ii) on standalone dental plans described in paragraph (2)(B)(ii) that are not sold on an Exchange.”
Effective date— The amendments made by subsection (a) shall apply to assessments, user fees, taxes, and other fees imposed, assessed, or collected on or after January 1, 2018.