124 STAT. 173 PUBLIC LAW 111–148—MAR. 23, 2010 PART II—CONSUMER CHOICES AND INSUR- ANCE COMPETITION THROUGH HEALTH BENEFIT EXCHANGES SEC. 1311. AFFORDABLE CHOICES OF HEALTH BENEFIT PLANS. (a) ASSISTANCE TO STATES TO ESTABLISH AMERICAN HEALTH BENEFIT EXCHANGES.— (1) PLANNING AND ESTABLISHMENT GRANTS.—There shall be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, an amount necessary to enable the Secretary to make awards, not later than 1 year after the date of enactment of this Act, to States in the amount specified in paragraph (2) for the uses described in paragraph (3). (2) AMOUNT SPECIFIED.—For each fiscal year, the Secretary shall determine the total amount that the Secretary will make available to each State for grants under this subsection. (3) USE OF FUNDS.—A State shall use amounts awarded under this subsection for activities (including planning activi- ties) related to establishing an American Health Benefit Exchange, as described in subsection (b). (4) RENEWABILITY OF GRANT.— (A) IN GENERAL.—Subject to subsection (d)(4), the Sec- retary may renew a grant awarded under paragraph (1) if the State recipient of such grant— (i) is making progress, as determined by the Sec- retary, toward— (I) establishing an Exchange; and (II) implementing the reforms described in subtitles A and C (and the amendments made by such subtitles); and (ii) is meeting such other benchmarks as the Sec- retary may establish. (B) LIMITATION.—No grant shall be awarded under this subsection after January 1, 2015. (5) TECHNICAL ASSISTANCE TO FACILITATE PARTICIPATION IN SHOP EXCHANGES.—The Secretary shall provide technical assistance to States to facilitate the participation of qualified small businesses in such States in SHOP Exchanges. (b) AMERICAN HEALTH BENEFIT EXCHANGES.— (1) IN GENERAL.—Each State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (referred to in this title as an ‘‘Exchange’’) for the State that— (A) facilitates the purchase of qualified health plans; (B) provides for the establishment of a Small Business Health Options Program (in this title referred to as a ‘‘SHOP Exchange’’) that is designed to assist qualified employers in the State who are small employers in facili- tating the enrollment of their employees in qualified health plans offered in the small group market in the State; and (C) meets the requirements of subsection (d). (2) MERGER OF INDIVIDUAL AND SHOP EXCHANGES.—A State may elect to provide only one Exchange in the State for pro- viding both Exchange and SHOP Exchange services to both qualified individuals and qualified small employers, but only Establishment. Deadline. Deadline. Determination. Deadline. 42 USC 18031.
