[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 902 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. RES. 902
Providing for consideration of the bill (H.R. 185) to advance
responsible policies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2025
Mr. Suozzi (for himself and Mr. Bacon) submitted the following
resolution; which was referred to the Committee on Rules
_______________________________________________________________________
RESOLUTION
Providing for consideration of the bill (H.R. 185) to advance
responsible policies.
Resolved, That immediately upon adoption of this resolution, the
House shall proceed to the consideration in the House of the bill (H.R.
185) to advance responsible policies. All points of order against
consideration of the bill are waived. The amendment in the nature of a
substitute specified in section 4 of this resolution shall be
considered as adopted. The bill, as amended, shall be considered as
read. All points of order against provisions in the bill, as amended,
are waived. The previous question shall be considered as ordered on the
bill, as amended, and on any further amendment thereto, to final
passage without intervening motion except: (1) one hour of debate
equally divided and controlled by the majority leader and minority
leader or their respective designees; and (2) one motion to recommit.
Sec. 2. Clause 1(c) of rule XIX and clause 8 of rule XX shall not
apply to the consideration of H.R. 185.
Sec. 3. The Clerk shall transmit to the Senate a message that the
House has passed H.R. 185 no later than one calendar day after passage.
Sec. 4. The amendment in the nature of a substitute referred to in
the first section of this resolution is as follows:
Strike all after the enacting clause and insert the
following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Bipartisan Healthcare Optimization,
Protection, and Extension Act' or the `HOPE Act'.
``SEC. 2. EXTENSION AND MODIFICATION OF ENHANCED PREMIUM TAX CREDIT.
``(a) Extension and Modification of Rules To Increase Premium
Assistance Amounts.--Section 36B(b)(3)(A)(iii) of the Internal Revenue
Code of 1986 is amended--
``(1) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively, and adjusting the margins
accordingly,
``(2) by striking `Temporary percentages for 2021 through
2025.--In the case of' and inserting `Temporary percentages for
certain years.--
```(I) Before 2026.--In the case
of', and
``(3) by adding at the end the following:
```(II) After 2025.--In the case of
a taxable year beginning after December
31, 2025, and before January 1, 2028--
```(aa) clause (ii) shall
not apply for purposes of
adjusting premium percentages
under this subparagraph, and
```(bb) the following table
shall be applied in lieu of the
table contained in clause (i):
----------------------------------------------------------------------------------------------------------------
The initial The final
``In the case of household income (expressed as a percent of poverty line) within the premium premium
following income tier: percentage percentage
is- is-
----------------------------------------------------------------------------------------------------------------
Up to 150% 0.0% 0.0%
150% up to 200% 0.0% 2.0%
200% up to 250% 2.0% 4.0%
250% up to 300% 4.0% 6.0%
300% up to 400% 6.0% 8.5%
400% up to 600% 8.5% 8.5%
600% up to 800% 8.5% 9.0%
800% up to 935% 9.0% 9.35%''.
----------------------------------------------------------------------------------------------------------------
``(b) Extension and Modification of Rule To Allow Credit to
Taxpayers Whose Household Income Exceeds 400 Percent of Poverty Line.--
Section 36B(c)(1)(E) of such Code is amended--
``(1) by striking `Temporary rule for 2021 through 2025.--
In the case of' and inserting `Temporary rule for certain
years.--
```(i) Before 2026.--In the case of', and
``(2) by adding at the end the following:
```(ii) After 2025.--In the case of a
taxable year beginning after December 31, 2025,
and before January 1, 2028, subparagraph (A)
shall be applied by substituting ``but does not
exceed 935 percent'' for ``but does not exceed
400 percent''.'.
``(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2025.
``SEC. 3. GUARDRAILS TO PREVENT FRAUD IN EXCHANGES.
``(a) Reduction of Fraudulent Enrollment in Qualified Health
Plans.--
``(1) Penalties for agents and brokers.--Section 1411(h)(1)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18081(h)(1)) is amended--
``(A) in subparagraph (A)--
``(i) by redesignating clause (ii) as
clause (iv);
``(ii) in clause (i)--
``(I) in the matter preceding
subclause (I), by striking `If--' and
all that follows through the `such
person' in the matter following
subclause (II) and inserting the
following: `If any person (other than
an agent or broker) fails to provide
correct information under subsection
(b) and such failure is attributable to
negligence or disregard of any rules or
regulations of the Secretary, such
person'; and
``(II) in the second sentence, by
striking `For purposes' and inserting
the following:
```(iii) Definitions of negligence,
disregard.--For purposes';
``(iii) by inserting after clause (i) the
following:
```(ii) Civil penalties for certain
violations by agents or brokers.--If any agent
or broker fails to provide correct information
under subsection (b) or section 1311(c)(8) or
other information, as specified by the
Secretary, and such failure is attributable to
negligence or disregard of any rules or
regulations of the Secretary, such agent or
broker shall be subject, in addition to any
other penalties that may be prescribed by law,
including subparagraph (C), to a civil penalty
of not less than $10,000 and not more than
$50,000 with respect to each individual who is
the subject of an application for which such
incorrect information is provided.'; and
``(iv) in clause (iv) (as so redesignated),
by inserting `or (ii)' after `clause (i)';
``(B) in subparagraph (B)--
``(i) by inserting `including subparagraph
(C),' after `law,';
``(ii) by striking `Any person' and
inserting the following:
```(i) In general.--Any person'; and
``(iii) by adding at the end the following:
```(ii) Civil penalties for knowing
violations by agents or brokers.--
```(I) In general.--Any agent or
broker who knowingly provides false or
fraudulent information under subsection
(b) or section 1311(c)(8), or other
false or fraudulent information as part
of an application for enrollment in a
qualified health plan offered through
an Exchange, as specified by the
Secretary, shall be subject, in
addition to any other penalties that
may be prescribed by law, including
subparagraph (C), to a civil penalty of
not more than $200,000 with respect to
each individual who is the subject of
an application for which such false or
fraudulent information is provided.
```(II) Procedure.--The provisions
of section 1128A of the Social Security
Act (other than subsections (a) and (b)
of such section) shall apply to a civil
monetary penalty under subclause (I) in
the same manner as such provisions
apply to a penalty or proceeding under
section 1128A of the Social Security
Act.'; and
``(C) by adding at the end the following:
```(C) Criminal penalties.--Any agent or broker who
knowingly and willfully provides false or fraudulent
information under subsection (b) or section 1311(c)(8),
or other false or fraudulent information as part of an
application for enrollment in a qualified health plan
offered through an Exchange, as specified by the
Secretary, shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or both.'.
``(2) Consumer protections.--
``(A) In general.--Section 1311(c) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(c))
is amended by adding at the end the following new
paragraph:
```(8) Agent- or broker-assisted enrollment in qualified
health plans in certain exchanges.--
```(A) In general.--For plan years beginning on or
after such date specified by the Secretary, but not
later than January 1, 2029, in the case of an Exchange
that the Secretary operates pursuant to section
1321(c)(1), the Secretary shall establish a
verification process for new enrollments of individuals
in, and changes in coverage for individuals under, a
qualified health plan offered through such Exchange,
which are submitted by an agent or broker in accordance
with section 1312(e) and for which the agent or broker
is eligible to receive a commission.
```(B) Requirements.--The enrollment verification
process under subparagraph (A) shall include--
```(i) a requirement that the agent or
broker provide with the new enrollment or
coverage change such documentation or evidence
(such as a standardized consent form) or other
sources as the Secretary determines necessary
to establish that the agent or broker has the
consent of the individual for the new
enrollment or coverage change;
```(ii) a requirement that any commissions
due to a broker or agent for such new
enrollment or coverage change are paid after
the enrollee has resolved all inconsistencies
in accordance with paragraphs (3) and (4) of
section 1411(e);
```(iii) a requirement that the information
required under clause (i) and, as applicable,
the date on which inconsistencies are resolved
as described in clause (ii), is accessible to
the applicable qualified health plan through a
database or other resource, as determined by
the Secretary, so that any commissions due to a
broker or agent for such enrollment can be
effectuated at the appropriate time;
```(iv) a requirement that individuals are
notified of any changes to enrollment,
coverage, the agent of record, or premium tax
credits in a timely manner and that such notice
provides plain language instructions on how
individuals can cancel unauthorized activity;
```(v) a requirement that individuals be
able to access their account information on a
website or other technology platform, as
defined by the Secretary, when used to submit
an enrollment or plan change, in lieu of the
Exchange website described in subsection
(d)(4)(C), including information on the agent
of record, the qualified health plan, and when
any changes are made to the agent of record or
the qualified health plan, on a consumer-facing
website or through a toll-free telephone
hotline; and
```(vi) a requirement that the agent or
broker report to the Secretary any third-party
marketing organization or field marketing
organization (as such terms are defined in
section 1312(e)) involved in the chain of
enrollment (as so defined) with respect to such
new enrollment or coverage change.
```(C) Consumer protection.--The Secretary shall
ensure that the enrollment verification process under
subparagraph (A) prioritizes continuity of coverage and
care for individuals, including by not disenrolling
individuals from a qualified health plan without the
consent of the individual, regardless of whether the
broker, agent, or qualified health plan is in violation
of any requirement under this paragraph.'.
``(B) Required reporting.--Section 1311(c)(1) of
the Patient Protection and Affordable Care Act (42
U.S.C. 18031(c)(1)) is amended--
``(i) in subparagraph (H), by striking
`and' at the end;
``(ii) in subparagraph (I), by striking the
period at the end and inserting `; and'; and
``(iii) by adding at the end the following:
```(J) report to the Secretary the termination (as
defined in section 1312(e)(1)(C)) of an issuer.'.
``(3) Authority to regulate field marketing organizations
and third-party marketing organizations.--Section 1312(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18032(e)) is amended--
``(A) by redesignating paragraphs (1) and (2) as
subclauses (I) and (II), respectively, and adjusting
the margins accordingly;
``(B) in subclause (II) (as so redesignated), by
striking the period at the end and inserting `; and';
``(C) by striking the subsection designation and
heading and all that follows through `brokers--' and
inserting the following:
```(e) Regulation of Agents, Brokers, and Certain Marketing
Organizations.--
```(1) Agents, brokers, and certain marketing
organizations.--
```(A) In general.--The Secretary shall establish
procedures under which a State may allow--
```(i) agents or brokers--'; and
``(D) by adding at the end the following:
```(ii) field marketing organizations and
third-party marketing organizations to
participate in the chain of enrollment for an
individual with respect to qualified health
plans offered through an Exchange.
```(B) Criteria.--For plan years beginning on or
after such date specified by the Secretary, but not
later than January 1, 2029, the Secretary, by
regulation, shall establish criteria for States to use
in determining whether to allow agents and brokers to
enroll individuals and employers in qualified health
plans as described in subclause (I) of subparagraph
(A)(i) and to assist individuals as d