42 U.S.C. § 300gg–93 — Health insurance consumer information
submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 417 words · no verdicts yet
The Secretary gives grants to states to set up consumer-assistance offices or insurance ombudsman programs. These offices help people file complaints, track problems, and get help enrolling in coverage. Congress funded this with $30,000,000 for the first year, plus whatever's needed afterward.
(a) In general: The Secretary* must award grants to states so they, or the Exchanges operating in those states, can set up, expand, or support (1) offices of health insurance consumer assistance, or (2) health insurance ombudsman programs.
(b) Eligibility
(1) In general: To be eligible for a grant, a state* must designate an independent office of health insurance consumer assistance, or an ombudsman, that — directly or with state insurance regulators and consumer assistance organizations — receives and responds to questions and complaints about health insurance coverage*, covering both federal requirements and state law.
(2) Criteria: A state receiving a grant must follow criteria the Secretary sets for carrying out grant activities.
(c) Duties: The office or ombudsman must (1) help people file complaints and appeals, including internal plan or insurer appeals, and give information about the external appeal process; (2) collect, track, and count the problems and questions consumers raise; (3) teach consumers their rights and duties under group health plans and health insurance coverage; (4) help consumers enroll in a group health plan* or coverage, by giving them information, referrals, and assistance; and (5) help resolve problems people have getting premium tax credits under section 36B of title 26.
(d) Data collection: To keep a grant, the office or ombudsman program must collect and report data to the Secretary on the types of problems and questions consumers raise. The Secretary must use that data to find where more enforcement action is needed, and must share it with state insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in their own enforcement work.
(e) Funding
(1) Initial funding: $30,000,000 is appropriated, out of funds in the Treasury not otherwise appropriated, for the first fiscal year this section applies, and it stays available without a fiscal-year time limit.
(2) Authorization for subsequent years: For each fiscal year after that first year, Congress authorizes whatever amount is necessary to carry out this section.
The Secretary* shall award grants to States to enable such States (or the Exchanges operating in such States) to establish, expand, or provide support for—
offices of health insurance consumer assistance; or
health insurance ombudsman programs.
To be eligible to receive a grant, a State* shall designate an independent office of health insurance consumer assistance, or an ombudsman, that, directly or in coordination with State health insurance regulators and consumer assistance organizations, receives and responds to inquiries and complaints concerning health insurance coverage* with respect to Federal health insurance requirements and under State law.
A State that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant.
The office of health insurance consumer assistance or health insurance ombudsman shall—
assist with the filing of complaints and appeals, including filing appeals with the internal appeal or grievance process of the group health plan* or health insurance issuer* involved and providing information about the external appeal process;
collect, track, and quantify problems and inquiries encountered by consumers;
educate consumers on their rights and responsibilities with respect to group health plans and health insurance coverage;
assist consumers with enrollment in a group health plan* or health insurance coverage by providing information, referral, and assistance; and
resolve problems with obtaining premium tax credits under section 36B of title 26.
As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary on the types of problems and inquiries encountered by consumers. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies.
There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available without fiscal year limitation.
There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.
Source credit: (July 1, 1944, ch. 373, title XXVII, § 2793, as added Pub. L. 111–148, title I, § 1002, Mar. 23, 2010, 124 Stat. 138.)
- 1944Enacted · Pub. L. 111-148 · 124 Stat. 138
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.
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