124 STAT. 183 PUBLIC LAW 111–148—MAR. 23, 2010 a qualified individual to enroll or not to enroll in a qualified health plan or to participate in an Exchange. (B) PROHIBITION AGAINST COMPELLED ENROLLMENT.— Nothing in this title shall be construed to compel an indi- vidual to enroll in a qualified health plan or to participate in an Exchange. (C) INDIVIDUALS ALLOWED TO ENROLL IN ANY PLAN.— A qualified individual may enroll in any qualified health plan, except that in the case of a catastrophic plan described in section 1302(e), a qualified individual may enroll in the plan only if the individual is eligible to enroll in the plan under section 1302(e)(2). (D) MEMBERS OF CONGRESS IN THE EXCHANGE.— (i) REQUIREMENT.—Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the Federal Government may make available to Members of Congress and congressional staff with respect to their service as a Member of Congress or congressional staff shall be health plans that are— (I) created under this Act (or an amendment made by this Act); or (II) offered through an Exchange established under this Act (or an amendment made by this Act). (ii) DEFINITIONS.—In this section: (I) MEMBER OF CONGRESS.—The term ‘‘Member of Congress’’ means any member of the House of Representatives or the Senate. (II) CONGRESSIONAL STAFF.—The term ‘‘congressional staff’’ means all full-time and part- time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC. (4) NO PENALTY FOR TRANSFERRING TO MINIMUM ESSENTIAL COVERAGE OUTSIDE EXCHANGE.—An Exchange, or a qualified health plan offered through an Exchange, shall not impose any penalty or other fee on an individual who cancels enroll- ment in a plan because the individual becomes eligible for minimum essential coverage (as defined in section 5000A(f) of the Internal Revenue Code of 1986 without regard to para- graph (1)(C) or (D) thereof) or such coverage becomes affordable (within the meaning of section 36B(c)(2)(C) of such Code). (e) ENROLLMENT THROUGH AGENTS OR BROKERS.—The Sec- retary shall establish procedures under which a State may allow agents or brokers— (1) to enroll individuals in any qualified health plans in the individual or small group market as soon as the plan is offered through an Exchange in the State; and (2) to assist individuals in applying for premium tax credits and cost-sharing reductions for plans sold through an Exchange. Such procedures may include the establishment of rate schedules for broker commissions paid by health benefits plans offered through an exchange. (f) QUALIFIED INDIVIDUALS AND EMPLOYERS; ACCESS LIMITED TO CITIZENS AND LAWFUL RESIDENTS.— (1) QUALIFIED INDIVIDUALS.—In this title: Procedures.
