Page:United States Statutes at Large Volume 124.djvu/230

 124 STAT. 204 PUBLIC LAW 111–148—MAR. 23, 2010 (2) REQUIREMENTS.—The requirements described in this paragraph with respect to health insurance coverage within the State for plan years beginning on or after January 1, 2014, are as follows: (A) Part I of subtitle D. (B) Part II of subtitle D. (C) Section 1402. (D) Sections 36B, 4980H, and 5000A of the Internal Revenue Code of 1986. (3) PASS THROUGH OF FUNDING.—With respect to a State waiver under paragraph (1), under which, due to the structure of the State plan, individuals and small employers in the State would not qualify for the premium tax credits, cost-sharing reductions, or small business credits under sections 36B of the Internal Revenue Code of 1986 or under part I of subtitle E for which they would otherwise be eligible, the Secretary shall provide for an alternative means by which the aggregate amount of such credits or reductions that would have been paid on behalf of participants in the Exchanges established under this title had the State not received such waiver, shall be paid to the State for purposes of implementing the State plan under the waiver. Such amount shall be determined annually by the Secretary, taking into consideration the experi- ence of other States with respect to participation in an Exchange and credits and reductions provided under such provi- sions to residents of the other States. (4) WAIVER CONSIDERATION AND TRANSPARENCY.— (A) IN GENERAL.—An application for a waiver under this section shall be considered by the Secretary in accord- ance with the regulations described in subparagraph (B). (B) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Secretary shall promul- gate regulations relating to waivers under this section that provide— (i) a process for public notice and comment at the State level, including public hearings, sufficient to ensure a meaningful level of public input; (ii) a process for the submission of an application that ensures the disclosure of— (I) the provisions of law that the State involved seeks to waive; and (II) the specific plans of the State to ensure that the waiver will be in compliance with sub- section (b); (iii) a process for providing public notice and com- ment after the application is received by the Secretary, that is sufficient to ensure a meaningful level of public input and that does not impose requirements that are in addition to, or duplicative of, requirements imposed under the Administrative Procedures Act, or require- ments that are unreasonable or unnecessarily burden- some with respect to State compliance; (iv) a process for the submission to the Secretary of periodic reports by the State concerning the implementation of the program under the waiver; and (v) a process for the periodic evaluation by the Secretary of the program under the waiver. Deadline. Effective date.