124 STAT. 139 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(d) DATA COLLECTION.—As a condition of receiving a grant under subsection (a), an office of health insurance consumer assist- ance or ombudsman program shall be required to collect and report data to the Secretary on the types of problems and inquiries encoun- tered by consumers. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforce- ment activities of such agencies. ‘‘(e) FUNDING.— ‘‘(1) INITIAL FUNDING.—There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available without fiscal year limitation. ‘‘(2) AUTHORIZATION FOR SUBSEQUENT YEARS.—There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.’’. SEC. 1003. ENSURING THAT CONSUMERS GET VALUE FOR THEIR DOL- LARS. Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–91 et seq.), as amended by section 1002, is further amended by adding at the end the following: ‘‘SEC. 2794. ENSURING THAT CONSUMERS GET VALUE FOR THEIR DOL- LARS. ‘‘(a) INITIAL PREMIUM REVIEW PROCESS.— ‘‘(1) IN GENERAL.—The Secretary, in conjunction with States, shall establish a process for the annual review, begin- ning with the 2010 plan year and subject to subsection (b)(2)(A), of unreasonable increases in premiums for health insurance coverage. ‘‘(2) JUSTIFICATION AND DISCLOSURE.—The process estab- lished under paragraph (1) shall require health insurance issuers to submit to the Secretary and the relevant State a justification for an unreasonable premium increase prior to the implementation of the increase. Such issuers shall promi- nently post such information on their Internet websites. The Secretary shall ensure the public disclosure of information on such increases and justifications for all health insurance issuers. ‘‘(b) CONTINUING PREMIUM REVIEW PROCESS.— ‘‘(1) INFORMING SECRETARY OF PREMIUM INCREASE PAT- TERNS.—As a condition of receiving a grant under subsection (c)(1), a State, through its Commissioner of Insurance, shall— ‘‘(A) provide the Secretary with information about trends in premium increases in health insurance coverage in premium rating areas in the State; and ‘‘(B) make recommendations, as appropriate, to the State Exchange about whether particular health insurance issuers should be excluded from participation in the Exchange based on a pattern or practice of excessive or unjustified premium increases. ‘‘(2) MONITORING BY SECRETARY OF PREMIUM INCREASES.— ‘‘(A) IN GENERAL.—Beginning with plan years begin- ning in 2014, the Secretary, in conjunction with the States Effective date. Web posting. Effective date. 42 USC 300gg–94.
