Phase 1: Enactment & build · Step 1.11

Rewrite insurance & benefits law

Effective in stages with each enrollment wave · Congress; DOL EBSA; Treasury; state insurance commissionersDiscuss this step

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Task 1.11.1 of 6

Prohibit sale of insurance covering UHP benefits to UHP-eligible people (wave by wave). Penalty: a 100% excise tax on premiums for prohibited coverage.

Who does it

Congress / Treasury

When

Each wave

Trade-off

A 100% excise tax effectively bans duplicative insurance, but it restricts voluntary contracts and will be litigated.

Part of: Rewrite insurance & benefits law

Amend ERISA, the tax code, and the ACA so that employer plans and private insurance cannot duplicate UHP benefits, and so supplementary insurance is regulated.

This step changes 10 existing laws, programs, or institutions. See the list.