H.R. 3362: Exchange Information Disclosure Act

H.R. 3362

Exchange Information Disclosure Act

Rep. Lee Terry

January 16, 2014 (113th Congress, 2nd Session)

Staff Contact

Floor Situation

On Thursday, January 16, 2014, the House will consider H.R. 3362, the Exchange Information Disclosure Act, under a rule.  H.R. 3362 was introduced by Representative Lee Terry (R- NE) on October 29, 2013 and has four cosponsors. 

Bill Summary

H.R. 3362 requires the Secretary of Health and Human Services to submit to Congress, and to make available to state governors, state insurance commissioners, and the public, weekly reports that describe the consumer interactions with healthcare.gov or any subsequent website established by the federal government for enrollment in a qualified health plan (QHP) or receipt of premium tax credit.

The report is to include the following:

1. A state-by-state breakdown of:

  • The number of unique website visits
  • The number of web chat logins
  • The number of individuals who create an account
  • The number of individuals who enrolled in a QHP or Medicaid, including a breakdown of those individuals enrolled in Medicaid and whether the individual was previously eligible or who became eligible under Obamacare
  • The number of individuals who have effectuated enrollment in a QHP through payment of the first monthly premium
  • The age of individuals who have effectuate enrollment in a QHP through payment of the first monthly premium
  • The number of enrollees in each zip code
  • The level of coverage obtained

2. A detailed description of the problems identified with website functionality, actions taken to address these problems, identity of the contractors involved in remedying these issues, how these actions are being paid for, and the federal officials overseeing the effort

3. A description of separate problems with the website, including

  • Logging in
  • Enrolling
  • Transferring to state Medicaid programs
  • Calculating advance premium tax credits or cost sharing reductions
  • Determining eligibility for QHPs, tax credits/cost sharing reductions, Medicaid, or CHIP
  • Verifying income or identity
  • Transferring information to health insurance issuers
  • Consumer privacy and data security

In addition, H.R. 3362 requires the Secretary, within five days of enactment, to make available to the individuals identified above a list of all navigators and certified application counselors who have been trained and certified by the exchanges. Finally, the bill requires the Secretary, within five days of enactment, to make available on healthcare.gov, or subsequent federally run website to help individuals obtain insurance, a list of all licensed agents and brokers.


Since the flawed roll out of www.HealthCare.gov, the Administration has been averse to revealing reliable information as it relates to website or the implementation of Obamacare. For example, it took the Administration until November 13th to release any type of enrollment statics. Even then, the Administration announced only that 106,185 individuals had selected plans and that an additional 975,407 individuals had made it through the process of applying and receiving an eligibility determination.  On December 11, 2013, the Administration announced that 258,497 individuals selected a plan.  On each occasion, the Administration has failed to break down the information – such as information identifying who is actually is enrolling, who has actually paid the first month’s premium, who is enrolling in Medicaid.  Moreover, to date, states have received little information from the Administration on the residents being covered, including those who are sick, healthy, young, old, or Medicaid-eligible.


A CBO review of H.R. 3362 states the bill is estimated to have no impact on direct spending.

Additional Information

For questions or further information contact the GOP Conference at 5-5107.