Pub. L. 114-60 - Protecting Affordable Coverage for Employees Act

114th Congress

Affects: 42 U.S.C. §§ 1395iii, 18024, 300gg-91

SECTION 1. SHORT TITLE.

This Act may be cited as the “Protecting Affordable Coverage for Employees Act”.

SEC. 2. REVISION OF DEFINITION OF SMALL EMPLOYER UNDER HEALTH INSURANCE MARKET PROVISIONS.

(a) Section 1304(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18024(b)) is amended—

(a)(1) in paragraph (1), by striking “101” and inserting “51”;

(a)(2) in paragraph (2), by striking “100” and inserting “50”; and

(a)(3) by amending paragraph (3) to read as follows:

(a)(3)“(3) Notwithstanding paragraphs (1) and (2), nothing in this section shall prevent a State from applying this subsection by treating as a small employer, with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year.”

(a)(3) .

(b) Section 2791(e) of the Public Health Service Act (42 U.S.C. 300gg–91(e)) is amended—

(b)(1) in paragraph (2), by striking “101” and inserting “51”;

(b)(2) in paragraph (4), by striking “100” and inserting “50”; and

(b)(3) by adding at the end the following new paragraph:

(b)(3)“(7) Notwithstanding paragraphs (2) and (4), nothing in this section shall prevent a State from applying this subsection by treating as a small employer, with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year.”

(b)(3) .

(c) Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking “$0” and inserting “$205,000,000”.

Legislative History

LEGISLATIVE HISTORY—H.R. 1624:

CONGRESSIONAL RECORD, Vol. 161 (2015):

Sept. 28, considered and passed House.

Oct. 1, considered and passed Senate.