Insurers would be able to offer plans escaping nine Obamacare mandates by offering at least one compliant plan, according to a portion of a draft of the revised Senate healthcare bill obtained by the Washington Examiner.
Though a new version of the Senate healthcare bill does not include an amendment from Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, as originally written, it includes a provision that's based on the idea. Under the original proposal, an insurer that offered a plan that met all of Obamacare's requirements in a state could then offer any additional plans free of the regulations. A new version would set up a fund to help cover those with higher medical costs, but to access the money, an insurer would have to offer at least one compliant plan. At that point, the insurer can offer plans that get around nine Obamacare mandates.
Here is the full list, provided by a source who has seen the text of the Cruz amendment of the bill, with the explanations of the regulations in brackets:
(1) Subsection (d) of section 1302 of the Patient Protection and Affordable Care Act (42 U.S.C. 18022); except for the purposes of applying section 1302(b) to sections 1252, 1301(a)(2), 1312(d)(3)(D), 1331, 1333, and 1334 of such Act, subsection (b) of such section 1302; and subsection (c)(1)(B) of such section 1302. [METAL TIER AV REQUIREMENTS]
(2) Section 2701(a)(1) of the Public Health Service Act (42 U.S.C. 300gg(a)(1)). [COMMUNITY RATING]
(3) Section 2702(a) through 2702(b)(2) of the Public Health Service Act (42 U.S.C. §§ 300gg– 1(a)–(b)(2)). [GUARANTEED ISSUE]
(4) Section 2704 of the Public Health Service Act (42 U.S.C. §§ 300gg–3). [PROHIBITION ON PRE-EX EXCLUSIONS]
(5) Sections 2705(a) through 2705(j) of the Public Health Service Act (42 U.S.C. §§ 300gg–4(a)-(j)). [PROHIBITION ON DISCRIMINATION BY HEALTH STATUS]
(6) Section 2707 of the Public Health Service Act (42 U.S.C. 300gg–6). [ESSENTIAL HEALTH BENEFIT REQUIREMENTS]
(7) Section 2708 of the Public Health Service Act (42 U.S.C. 300gg–7). [LIMITATION ON WAITING PERIODS]
(8) Section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg–13(a)). [PREVENTIVE SERVICES REQUIRMENT](9) Section 2718(b)(1) of the Public Health Service Act (42 U.S.C. §§ 300gg–18(b)(1)). [MEDICAL LOSS RATIO]
The source notes that the bill does not waive the requirement that each state have a single risk pool, meaning the exempted plans and the plans that have to meet Obamacare requirements will be part of the same risk pool.