Page:United States Statutes at Large Volume 124.djvu/929

 124 STAT. 903 PUBLIC LAW 111–148—MAR. 23, 2010 include a group of health insurance issuers affiliated either by common ownership and control or by the common use of a nationally licensed service mark), without regard to section 5 of title 41, United States Code, or other statutes requiring competitive bidding, to offer at least 2 multi-State qualified health plans through each Exchange in each State. Such plans shall provide individual, or in the case of small employers, group coverage. ‘‘(2) TERMS.—Each contract entered into under paragraph (1) shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Director shall ensure that health bene- fits coverage is provided in accordance with the types of cov- erage provided for under section 2701(a)(1)(A)(i) of the Public Health Service Act. ‘‘(3) NON-PROFIT ENTITIES.—In entering into contracts under paragraph (1), the Director shall ensure that at least one contract is entered into with a non-profit entity. ‘‘(4) ADMINISTRATION.—The Director shall implement this subsection in a manner similar to the manner in which the Director implements the contracting provisions with respect to carriers under the Federal employees health benefit program under chapter 89 of title 5, United States Code, including (through negotiating with each multi-state plan)— ‘‘(A) a medical loss ratio; ‘‘(B) a profit margin; ‘‘(C) the premiums to be charged; and ‘‘(D) such other terms and conditions of coverage as are in the interests of enrollees in such plans. ‘‘(5) AUTHORITY TO PROTECT CONSUMERS.—The Director may prohibit the offering of any multi-State health plan that does not meet the terms and conditions defined by the Director with respect to the elements described in subparagraphs (A) through (D) of paragraph (4). ‘‘(6) ASSURED AVAILABILITY OF VARIED COVERAGE.—In entering into contracts under this subsection, the Director shall ensure that with respect to multi-State qualified health plans offered in an Exchange, there is at least one such plan that does not provide coverage of services described in section 1303(b)(1)(B)(i). ‘‘(7) WITHDRAWAL.—Approval of a contract under this sub- section may be withdrawn by the Director only after notice and opportunity for hearing to the issuer concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5, United States Code. ‘‘(b) ELIGIBILITY.—A health insurance issuer shall be eligible to enter into a contract under subsection (a)(1) if such issuer— ‘‘(1) agrees to offer a multi-State qualified health plan that meets the requirements of subsection (c) in each Exchange in each State; ‘‘(2) is licensed in each State and is subject to all require- ments of State law not inconsistent with this section, including the standards and requirements that a State imposes that do not prevent the application of a requirement of part A of title XXVII of the Public Health Service Act or a requirement of this title;