Page:United States Statutes at Large Volume 124.djvu/221

 124 STAT. 195 PUBLIC LAW 111–148—MAR. 23, 2010 (C) CONSUMER PROTECTIONS.—The consumer protection laws of a State shall apply to a community health insurance option. (8) REQUIREMENTS ESTABLISHED IN PARTNERSHIP WITH INSURANCE COMMISSIONERS.— (A) IN GENERAL.—The Secretary, in collaboration with the National Association of Insurance Commissioners (in this paragraph referred to as the ‘‘NAIC’’), may promulgate regulations to establish additional requirements for a community health insurance option. (B) APPLICABILITY.—Any requirement promulgated under subparagraph (A) shall be applicable to such option beginning 90 days after the date on which the regulation involved becomes final. (c) START-UP FUND.— (1) ESTABLISHMENT OF FUND.— (A) IN GENERAL.—There is established in the Treasury of the United States a trust fund to be known as the ‘‘Health Benefit Plan Start-Up Fund’’ (referred to in this section as the ‘‘Start-Up Fund’’), that shall consist of such amounts as may be appropriated or credited to the Start- Up Fund as provided for in this subsection to provide loans for the initial operations of a community health insur- ance option. Such amounts shall remain available until expended. (B) FUNDING.—There is hereby appropriated to the Start-Up Fund, out of any moneys in the Treasury not otherwise appropriated an amount requested by the Sec- retary of Health and Human Services as necessary to— (i) pay the start-up costs associated with the initial operations of a community health insurance option; and (ii) pay the costs of making payments on claims submitted during the period that is not more than 90 days from the date on which such option is offered. (2) USE OF START-UP FUND.—The Secretary shall use amounts contained in the Start-Up Fund to make payments (subject to the repayment requirements in paragraph (4)) for the purposes described in paragraph (1)(B). (3) PASS THROUGH OF REBATES.—The Secretary may estab- lish procedures for reducing the amount of payments to a contracting administrator to take into account any rebates or price concessions. (4) REPAYMENT.— (A) IN GENERAL.—A community health insurance option shall be required to repay the Secretary of the Treasury (on such terms as the Secretary may require) for any payments made under paragraph (1)(B) by the date that is not later than 9 years after the date on which the payment is made. The Secretary may require the pay- ment of interest with respect to such repayments at rates that do not exceed the market interest rate (as determined by the Secretary). (B) SANCTIONS IN CASE OF FOR-PROFIT CONVERSION.— In any case in which the Secretary enters into a contract with a qualified entity for the offering of a community health insurance option and such entity is determined to Deadline. Effective date. Applicability.