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Full Text of this Amendment

SA 201. Mr. ENSIGN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. REQUIREMENTS WITH RESPECT TO GRANTING WAIVERS.
(a) In General.--The Secretary of Health and Human Services (referred to in this section as the "Secretary") shall--
(1) publish detailed criteria used by the Secretary to determine approval of an application submitted by a group health plan, health insurance issuer, employer, State, municipality, or other entity eligible for a waiver, adjustment, or other compliance relief provided for under the authority of the Patient Protection and Affordable Care Act (Public Law 111-148) or the Health Care and Education Reconciliation Act (Public Law 111-152), including--
(A) how much of a significant decrease in benefits with respect to a health insurance plan or health insurance coverage would need to occur in order have such a waiver application approved by the Secretary; and
(B) how much of a significant increase in premiums with respect to a health insurance plan or health insurance coverage would need to occur to have such a waiver application approved by the Secretary;
(2) publish on the Internet website of the Department of Health and Human Services each application for a waiver described in paragraph (1); and
(3) publish on the Internet website of the Department of Health and Human Services the determination of the Secretary whether to approve or reject such application, and the reason for such approval or rejection.
(b) Protection of Proprietary Information.--In carrying out subsection (a), the Secretary shall ensure the confidentiality of proprietary information of each applicant.
(c) Prohibition of Preferential Treatment.--In no case, during any stage of the application process for an application described in subsection (a)(1), shall preferential treatment be given to an applicant based on political contributions or association with a labor union, a health plan provided for under a collective bargaining agreement, or another organized labor group.


(As printed in the Congressional Record for the Senate on Mar 15, 2011.)