Page:United States Statutes at Large Volume 124.djvu/204

 124 STAT. 178 PUBLIC LAW 111–148—MAR. 23, 2010 (A) NO FEDERAL FUNDS FOR CONTINUED OPERATIONS.— In establishing an Exchange under this section, the State shall ensure that such Exchange is self-sustaining begin- ning on January 1, 2015, including allowing the Exchange to charge assessments or user fees to participating health insurance issuers, or to otherwise generate funding, to support its operations. (B) PROHIBITING WASTEFUL USE OF FUNDS.—In carrying out activities under this subsection, an Exchange shall not utilize any funds intended for the administrative and operational expenses of the Exchange for staff retreats, promotional giveaways, excessive executive compensation, or promotion of Federal or State legislative and regulatory modifications. (6) CONSULTATION.—An Exchange shall consult with stake- holders relevant to carrying out the activities under this section, including— (A) health care consumers who are enrollees in quali- fied health plans; (B) individuals and entities with experience in facili- tating enrollment in qualified health plans; (C) representatives of small businesses and self- employed individuals; (D) State Medicaid offices; and (E) advocates for enrolling hard to reach populations. (7) PUBLICATION OF COSTS.—An Exchange shall publish the average costs of licensing, regulatory fees, and any other payments required by the Exchange, and the administrative costs of such Exchange, on an Internet website to educate consumers on such costs. Such information shall also include monies lost to waste, fraud, and abuse. (e) CERTIFICATION.— (1) IN GENERAL.—An Exchange may certify a health plan as a qualified health plan if— (A) such health plan meets the requirements for certifi- cation as promulgated by the Secretary under subsection (c)(1); and (B) the Exchange determines that making available such health plan through such Exchange is in the interests of qualified individuals and qualified employers in the State or States in which such Exchange operates, except that the Exchange may not exclude a health plan— (i) on the basis that such plan is a fee-for-service plan; (ii) through the imposition of premium price con- trols; or (iii) on the basis that the plan provides treatments necessary to prevent patients’ deaths in circumstances the Exchange determines are inappropriate or too costly. (2) PREMIUM CONSIDERATIONS.—The Exchange shall require health plans seeking certification as qualified health plans to submit a justification for any premium increase prior to implementation of the increase. Such plans shall prominently post such information on their websites. The Exchange may take this information, and the information and the rec- ommendations provided to the Exchange by the State under Web site. Determination. Web site. Effective date.