Page:United States Statutes at Large Volume 124.djvu/229

 124 STAT. 203 PUBLIC LAW 111–148—MAR. 23, 2010 (B) whose household income exceeds 133 percent but does not exceed 200 percent of the poverty line for the size of the family involved; (C) who is not eligible for minimum essential coverage (as defined in section 5000A(f) of the Internal Revenue Code of 1986) or is eligible for an employer-sponsored plan that is not affordable coverage (as determined under section 5000A(e)(2) of such Code); and (D) who has not attained age 65 as of the beginning of the plan year. Such term shall not include any individual who is not a quali- fied individual under section 1312 who is eligible to be covered by a qualified health plan offered through an Exchange. (2) ELIGIBLE INDIVIDUALS MAY NOT USE EXCHANGE.—An eligible individual shall not be treated as a qualified individual under section 1312 eligible for enrollment in a qualified health plan offered through an Exchange established under section 1311. (f) SECRETARIAL OVERSIGHT.—The Secretary shall each year conduct a review of each State program to ensure compliance with the requirements of this section, including ensuring that the State program meets— (1) eligibility verification requirements for participation in the program; (2) the requirements for use of Federal funds received by the program; and (3) the quality and performance standards under this sec- tion. (g) STANDARD HEALTH PLAN OFFERORS.—A State may provide that persons eligible to offer standard health plans under a basic health program established under this section may include a licensed health maintenance organization, a licensed health insur- ance insurer, or a network of health care providers established to offer services under the program. (h) DEFINITIONS.—Any term used in this section which is also used in section 36B of the Internal Revenue Code of 1986 shall have the meaning given such term by such section. SEC. 1332. WAIVER FOR STATE INNOVATION. (a) APPLICATION.— (1) IN GENERAL.—A State may apply to the Secretary for the waiver of all or any requirements described in paragraph (2) with respect to health insurance coverage within that State for plan years beginning on or after January 1, 2017. Such application shall— (A) be filed at such time and in such manner as the Secretary may require; (B) contain such information as the Secretary may require, including— (i) a comprehensive description of the State legisla- tion and program to implement a plan meeting the requirements for a waiver under this section; and (ii) a 10-year budget plan for such plan that is budget neutral for the Federal Government; and (C) provide an assurance that the State has enacted the law described in subsection (b)(2). Effective date. 42 USC 18052. Review.