http://docs.house.gov/rules/health/111_ahcaa.pdf Is it 'robust' enough? is Kucinich right, that the bill does not go far enough??
The Public Option begins on page 211.
5 Subtitle B—Public Health
6 Insurance Option
7 SEC. 321. ESTABLISHMENT AND ADMINISTRATION OF A
8 PUBLIC HEALTH INSURANCE OPTION AS AN
9 EXCHANGE-QUALIFIED HEALTH BENEFITS
10 PLAN.
11 (a) ESTABLISHMENT.—For years beginning with Y1,
12 the Secretary of Health and Human Services (in this sub13
title referred to as the ‘‘Secretary’’) shall provide for the
14 offering of an Exchange-participating health benefits plan
15 (in this division referred to as the ‘‘public health insurance
16 option’’) that ensures choice, competition, and stability of
17 affordable, high quality coverage throughout the United
18 States in accordance with this subtitle. In designing the
19 option, the Secretary’s primary responsibility is to create
20 a low-cost plan without compromising quality or access to
21 care.
22 (b) OFFERING AS AN EXCHANGE-PARTICIPATING
23 HEALTH BENEFITS PLAN.—
24 (1) EXCLUSIVE TO THE EXCHANGE.—The pub25
lic health insurance option shall only be made avail26
able through the Health Insurance Exchange.
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1 (2) ENSURING A LEVEL PLAYING FIELD.—Con2
sistent with this subtitle, the public health insurance
3 option shall comply with requirements that are ap4
plicable under this title to an Exchange-participating
5 health benefits plan, including requirements related
6 to benefits, benefit levels, provider networks, notices,
7 consumer protections, and cost-sharing.
8 (3) PROVISION OF BENEFIT LEVELS.—The pub9
lic health insurance option—
10 (A) shall offer basic, enhanced, and pre11
mium plans; and
12 (B) may offer premium-plus plans.
13 (c) ADMINISTRATIVE CONTRACTING.—The Secretary
14 may enter into contracts for the purpose of performing
15 administrative functions (including functions described in
16 subsection (a)(4) of section 1874A of the Social Security
17 Act) with respect to the public health insurance option in
18 the same manner as the Secretary may enter into con19
tracts under subsection (a)(1) of such section. The Sec20
retary has the same authority with respect to the public
21 health insurance option as the Secretary has under sub22
sections (a)(1) and (b) of section 1874A of the Social Se23
curity Act with respect to title XVIII of such Act. Con24
tracts under this subsection shall not involve the transfer
25 of insurance risk to such entity.
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1 (d) OMBUDSMAN.—The Secretary shall establish an
2 office of the ombudsman for the public health insurance
3 option which shall have duties with respect to the public
4 health insurance option similar to the duties of the Medi5
care Beneficiary Ombudsman under section 1808(c)(2) of
6 the Social Security Act.
7 (e) DATA COLLECTION.—The Secretary shall collect
8 such data as may be required to establish premiums and
9 payment rates for the public health insurance option and
10 for other purposes under this subtitle, including to im11
prove quality and to reduce racial, ethnic, and other dis12
parities in health and health care. Nothing in this subtitle
13 may be construed as authorizing the Secretary (or any em14
ployee or contractor) to create or maintain lists of non15
medical personal property.
16 (f) TREATMENT OF PUBLIC HEALTH INSURANCE OP17
TION.—With respect to the public health insurance option,
18 the Secretary shall be treated as a QHBP offering entity
19 offering an Exchange-participating health benefits plan.
20 (g) ACCESS TO FEDERAL COURTS.—The provisions
21 of Medicare (and related provisions of title II of the Social
22 Security Act) relating to access of Medicare beneficiaries
23 to Federal courts for the enforcement of rights under
24 Medicare, including with respect to amounts in con25
troversy, shall apply to the public health insurance option
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1 and individuals enrolled under such option under this title
2 in the same manner as such provisions apply to Medicare
3 and Medicare beneficiaries.