II 115th CONGRESS 1st Session S. 2241 IN THE SENATE OF THE UNITED STATES December 14, 2017 Mr. King introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act by clarifying that State Exchanges are prohibited from imposing fees or assessments on issuers of excepted benefits and standalone dental plans not sold through an Exchange.

1. Prohibiting State exchanges from imposing assessments or fees on excepted benefits and standalone dental plans not sold through an Exchange (a) In general Section 1311(d)(5) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(5) ) is amended— (1) in subparagraph (A), by inserting , subject to subparagraph (C) after its operations ; and (2) by adding at the end the following new subparagraph: (C) Limitation A State may not charge a health insurance issuer, solely for purposes of supporting an Exchange in accordance with subparagraph (A), 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. . (b) 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, except that, with respect to the Exchange of the District of Columbia, such amendments shall apply to assessments, user fees, taxes, and other fees imposed, assessed, or collected on or after January 1, 2020.