H.Res. 902

119 HRES 902 IH: Bipartisan Healthcare Optimization, Protection, and Extension Act
 U.S. House of Representatives
 2025-11-20
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 IV  119th CONGRESS  1st Session  H. RES. 902  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.
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.
2.
Clause 1(c) of rule XIX and clause 8 of rule XX shall not apply to the consideration of H.R. 185.
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.
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:
1.
Short title
This Act may be cited as the   Bipartisan Healthcare Optimization, Protection, and Extension Act   or the   HOPE Act  .
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):
  In the case of household income (expressed as a
  percent of poverty line) within the following income tier:
  The initial premium percentage is-
  The final premium percentage 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.
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 described in subclause (II) of such subparagraph and field marketing organizations and third-party marketing organizations to participate in the chain of enrollment as described in subparagraph (A)(ii). Such criteria shall, at a minimum, require that—
(i)
an agent or broker act in accordance with a standard of conduct that includes a duty of such agent or broker to act in the best interests of the enrollee;
(ii)
a field marketing organization or third-party marketing organization agree to report the termination of an agent or broker to the applicable State and the Secretary, including the reason for termination; and
(iii)
an agent, broker, field marketing organization, or third-party marketing organization—
(I)
meet such marketing requirements as are required by the Secretary;
(II)
meet marketing requirements in accordance with other applicable Federal or State law;
(III)
does not employ practices that are confusing or misleading, as determined by the Secretary;
(IV)
submit all marketing materials to the Secretary for, as determined appropriate by the Secretary, review and approval;
(V)
is a licensed agent or broker or meets other licensure requirements, as required by the State;
(VI)
register with the Secretary; and
(VII)
does not compensate any individual or organization for referrals or any other service relating to the sale of, marketing for, or enrollment in qualified health plans unless such individual or organization meets the criteria described in subclauses (I) through (VI).
(C)
Definitions
In this paragraph:
(i)
Chain of enrollment
The term  chain of enrollment , with respect to enrollment of an individual in a qualified health plan offered through an Exchange, means any steps taken from marketing to such individual, to such individual making an enrollment decision with respect to such a plan.
(ii)
Field marketing organization
The term  field marketing organization  means an organization or individual that directly employs or contracts with agents and brokers, or contracts with carriers, to provide functions relating to enrollment of individuals in qualified health plans offered through an Exchange as part of the chain of enrollment.
(iii)
Marketing
The term  marketing  means the use of marketing materials to provide information to current and prospective enrollees in a qualified health plan offered through an Exchange.
(iv)
Marketing materials
The term  marketing materials  means materials relating to a qualified health plan offered through an Exchange or benefits offered through an Exchange that—
(I)
are intended—
(aa)
to draw an individual’s attention to such plan or the premium tax credits or cost-sharing reductions for such plan or plans offered through an Exchange;
(bb)
to influence an individual’s decision-making process when selecting a qualified health plan in which to enroll; or
(cc)
to influence an enrollee’s decision to stay enrolled in such plan; and
(II)
include or address content regarding the benefits, benefit structure, premiums, or cost sharing of such plan.
(v)
Termination
The term  termination , with respect to a contract or business arrangement between an agent or broker and a field marketing organization, third-party marketing organization, or health insurance issuer, means—
(I)
the ending of such contract or business arrangement, either unilaterally by one of the parties or on mutual agreement; or
(II)
the expiration of such contract or business arrangement that is not replaced by a substantially similar agreement.
(vi)
Third-party marketing organization
The term  third-party marketing organization  means an organization or individual that is compensated to perform lead generation, marketing, or sales relating to enrollment of individuals in qualified health plans offered through an Exchange as part of the chain of enrollment.
  .
(4)
Transparency
Section 1312(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(e) ), as amended by paragraph (3), is further amended by adding at the end the following new paragraphs:
(2)
Audits
(A)
In general
For plan years beginning on or after such date specified by the Secretary, but not later than January 1, 2029, the Secretary, in coordination with the States and in consultation with the National Association of Insurance Commissioners, shall implement a process for the oversight and enforcement of agent and broker compliance with this section and other applicable Federal and State law (including regulations) that shall include—
(i)
periodic audits of agents and brokers based on—
(I)
complaints filed with the Secretary by individuals enrolled by such an agent or broker in a qualified health plan offered through an Exchange;
(II)
an incident or enrollment pattern that suggests fraud; and
(III)
other factors determined by the Secretary; and
(ii)
a process under which the Secretary shall share audit results and refer potential cases of fraud to the relevant State department of insurance.
(B)
Effect
Nothing in this paragraph limits or restricts any referrals made under section 1311(i)(3) or any enforcement actions under section 1411(h).
(3)
List
The Secretary shall develop a process to regularly provide to qualified health plans, Exchanges, and States a list of suspended and terminated agents and brokers.
  .
(b)
Removal of deceased individuals from Exchange plans
Section 1311(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c) ), as amended by subsection (a), is further amended by adding at the end the following new paragraph:
(9)
Removal of deceased individuals from Exchange plans
(A)
In general
Not later than 90 days after the date of the enactment of this paragraph, and on a quarterly basis thereafter, the Secretary shall conduct a check of the Death Master File (as such term is defined in section 203(d) of the Bipartisan Budget Act of 2013) for purposes of identifying individuals enrolled in a qualified health plan through an Exchange who are deceased.
(B)
Process
The Secretary shall—
(i)
establish a process to verify that an individual identified pursuant to a check described in  subparagraph (A)  is deceased; and
(ii)
require an Exchange to terminate such individual’s enrollment under a qualified health plan.
  .
(c)
Standard of proof for terminating agents and brokers
Section 1312(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(e) ), as amended by subsection (a), is further amended by adding at the end the following new paragraph:
(4)
Standard for termination for certain Exchanges
In the case of an agent or broker with an agreement in effect with an Exchange operated by the Secretary pursuant to section 1321(c) to perform activities described in paragraph (1)(A)(i) with respect to such Exchange, the Secretary may terminate such agreement for cause if the Secretary finds, based on a preponderance of the evidence, that such agent or broker has violated such agreement, otherwise applicable law, or any other requirement applicable to such agent or broker.
  .
(d)
Requirement for Exchange To notify individuals of value of premium tax
  credits
Section 1412(c)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(c)(2) ) is amended by adding at the end the following new subparagraph:
(C)
Exchange responsibilities
Beginning January 1, 2027, if an Exchange is notified under paragraph (1) of an advance determination under section 1411 with respect to the eligibility of an individual for a premium tax credit under  section 36B  of the Internal Revenue Code of 1986, the Exchange shall, prior to enrolling such individual in a qualified health plan, clearly notify such individual of the amount of such tax credit.
  .
4.
Extending annual open enrollment period for Exchanges for plan year
  2026
The Secretary of Health and Human Services shall revise section 155.410(e) of title 45, Code of Federal Regulations (or any successor regulation) to provide that the annual open enrollment period determined for plan year 2026 pursuant to section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) shall begin on November 1, 2025, and end on May 15, 2026.
  .