Page:United States Statutes at Large Volume 124.djvu/860

 124 STAT. 834 PUBLIC LAW 111–148—MAR. 23, 2010 factor in costs for administering the program, not to exceed for any year in which the program is in effect under this title, an amount equal to 3 percent of all premiums paid during the year. ‘‘(3) NO UNDERWRITING REQUIREMENTS.—No underwriting (other than on the basis of age in accordance with subpara- graphs (D) and (E) of paragraph (1)) shall be used to— ‘‘(A) determine the monthly premium for enrollment in the CLASS program; or ‘‘(B) prevent an individual from enrolling in the pro- gram. ‘‘(c) SELF-ATTESTATION AND VERIFICATION OF INCOME.—The Sec- retary shall establish procedures to— ‘‘(1) permit an individual who is eligible for the nominal premium required under subsection (a)(1)(A)(ii), as part of their automatic enrollment in the CLASS program, to self-attest that their income does not exceed the poverty line or that their status as a full-time student who is actively employed; ‘‘(2) verify, using procedures similar to the procedures used by the Commissioner of Social Security under section 1631(e)(1)(B)(ii) of the Social Security Act and consistent with the requirements applicable to the conveyance of data and information under section 1942 of such Act, the validity of such self-attestation; and ‘‘(3) require an individual to confirm, on at least an annual basis, that their income does not exceed the poverty line or that they continue to maintain such status. ‘‘SEC. 3204. ENROLLMENT AND DISENROLLMENT REQUIREMENTS. ‘‘(a) AUTOMATIC ENROLLMENT.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary, in coordination with the Secretary of the Treasury, shall estab- lish procedures under which each individual described in sub- section (c) may be automatically enrolled in the CLASS program by an employer of such individual in the same manner as an employer may elect to automatically enroll employees in a plan under section 401(k), 403(b), or 457 of the Internal Revenue Code of 1986. ‘‘(2) ALTERNATIVE ENROLLMENT PROCEDURES.—The proce- dures established under paragraph (1) shall provide for an alternative enrollment process for an individual described in subsection (c) in the case of such an individual— ‘‘(A) who is self-employed; ‘‘(B) who has more than 1 employer; or ‘‘(C) whose employer does not elect to participate in the automatic enrollment process established by the Sec- retary. ‘‘(3) ADMINISTRATION.— ‘‘(A) IN GENERAL.—The Secretary and the Secretary of the Treasury shall, by regulation, establish procedures to ensure that an individual is not automatically enrolled in the CLASS program by more than 1 employer. ‘‘(B) FORM.—Enrollment in the CLASS program shall be made in such manner as the Secretary may prescribe in order to ensure ease of administration. ‘‘(b) ELECTION TO OPT-OUT.—An individual described in sub- section (c) may elect to waive enrollment in the CLASS program Regulations. Procedures. 42 USC 300ll–3. Procedures.