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House Committee on Energy and CommerceHealthHouse Committee on Ways and MeansIntroducedOctober 16th, 2013
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Security Before Access Act of 2013
To amend section 340A of the Public Health Service Act to protect the privacy of personally identifiable information in relation to enrollment activities of health insurance exchanges, and for other purposes.
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.