Security Before Access Act of 2013
The source supplies the latest action, but no lifecycle stage.
Latest action (18 Oct 2013): Referred to the Subcommittee on Health.
What this bill does
The Security Before Access Act of 2013 would amend the Public Health Service Act to add privacy and security requirements for personnel who help consumers enroll in health insurance exchanges under the Affordable Care Act. It would require navigators, certified application counselors, and non-navigator assistance personnel to obtain individuals' explicit written consent before accessing their personally identifiable information, and to pass criminal background and fingerprint checks and meet licensure standards comparable to insurance agents or brokers. Grant recipients could not collect such information until the Comptroller General and HHS Inspector General certify to Congress that adequate safeguards are in place. The bill also sets criminal penalties—fines and imprisonment—for unauthorized disclosure or acquisition of protected information, directs HHS to issue liability guidance, and provides that consumers cannot be penalized for failing to enroll through an exchange unless HHS certifies that adequate privacy protections exist.
The bill would primarily affect federal and state health insurance exchanges, the enrollment assistance workers who staff them, grant-receiving organizations, and consumers seeking coverage through the exchanges. It aims to add accountability and privacy safeguards to the enrollment process established under the Affordable Care Act.
The bill was introduced on October 16, 2013, by Rep. Dennis Ross and referred to the House Committees on Energy and Commerce and Ways and Means. It did not receive a vote and did not advance further in the 113th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Security Before Access Act of 2013 - Amends the Public Health Service Act, with respect to patient navigator services, to require recipients of grants for the development and operation of demonstration programs to implement procedures developed under this Act to protect the privacy of personally identifiable information (PII).
Requires procedures specified by the Secretary of Health and Human Services (HHS) to include at least those that:
• require for access to PII relating to an individual the express written consent of that individual;
• condition access by a certified application counselor, health insurance navigator, or non-navigator assistance personnel upon a criminal background and fingerprint check; and
• require the meeting of educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the state in which they seek to assist consumers.
Prohibits a grant recipient from collecting PII until the Comptroller General (GAO) certifies to Congress that HHS and any other relevant federal agencies have implemented all appropriate and necessary actions to safeguard the information of individuals seeking enrollment in a health plan through a health insurance Exchange and to protect them from fraud and abuse.
Provides procedures for development of guidance concerning liability, determinations of liable parties, and determinations of whether entities described in this Act are required to obtain professional liability coverage.
Imposes criminal penalties for unauthorized access, including under the Internal Revenue Code in cases involving consumer tax return information. Requires the Secretary to permanently disqualify an individual with a criminal background or otherwise in violation of this Act from any further involvement in consumer assistance activities required under the patient navigator provisions or the Patient Protection and Affordable Care Act (PPACA). Allows the disqualification and rescission of federal and Exchange-generated funds from the entity that employs or contracts with such an individual. Relieves consumers from responsibility for failure to meet a requirement under PPACA for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive PII protection is in place prior to any consumer disclosure for health insurance enrollment purposes.
Timeline
18 Oct 2013
Referred to the Subcommittee on Health.
Common questions
- What does H.R. 3299 do?
- The Security Before Access Act of 2013 would amend the Public Health Service Act to add privacy and security requirements for personnel who help consumers enroll in health insurance exchanges under the Affordable Care Act. It would require navigators, certified application counselors, and non-navigator assistance personnel to obtain individuals' explicit written consent before accessing their personally identifiable information, and to pass criminal background and fingerprint checks and meet licensure standards comparable to insurance agents or brokers. Grant recipients could not collect such information until the Comptroller General and HHS Inspector General certify to Congress that adequate safeguards are in place. The bill also sets criminal penalties—fines and imprisonment—for unauthorized disclosure or acquisition of protected information, directs HHS to issue liability guidance, and provides that consumers cannot be penalized for failing to enroll through an exchange unless HHS certifies that adequate privacy protections exist. The bill would primarily affect federal and state health insurance exchanges, the enrollment assistance workers who staff them, grant-receiving organizations, and consumers seeking coverage through the exchanges. It aims to add accountability and privacy safeguards to the enrollment process established under the Affordable Care Act. The bill was introduced on October 16, 2013, by Rep. Dennis Ross and referred to the House Committees on Energy and Commerce and Ways and Means. It did not receive a vote and did not advance further in the 113th Congress.
- Has H.R. 3299 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 3299. Check the latest action and official source below.
- Who sponsored H.R. 3299?
- H.R. 3299 was sponsored by Rep. Ross, Dennis A. [R-FL-15] (R-FL), with 25 cosponsors.
- What's the latest action on H.R. 3299?
- Referred to the Subcommittee on Health. (18 Oct 2013).
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