124 STAT. 191 PUBLIC LAW 111–148—MAR. 23, 2010 the extent that such section 5 applies to unfair methods of competition. (e) LIMITATION ON PARTICIPATION.—No representative of any Federal, State, or local government (or of any political subdivision or instrumentality thereof), and no representative of a person described in subsection (c)(2)(A), may serve on the board of directors of a qualified nonprofit health insurance issuer or with a private purchasing council established under subsection (d). (f) LIMITATIONS ON SECRETARY.— (1) IN GENERAL.—The Secretary shall not— (A) participate in any negotiations between 1 or more qualified nonprofit health insurance issuers (or a private purchasing council established under subsection (d)) and any health care facilities or providers, including any drug manufacturer, pharmacy, or hospital; and (B) establish or maintain a price structure for reimbursement of any health benefits covered by such issuers. (2) COMPETITION.—Nothing in this section shall be con- strued as authorizing the Secretary to interfere with the competitive nature of providing health benefits through quali- fied nonprofit health insurance issuers. (g) APPROPRIATIONS.—There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, $6,000,000,000 to carry out this section. (h) TAX EXEMPTION FOR QUALIFIED NONPROFIT HEALTH INSUR- ANCE ISSUER.— (1) IN GENERAL.—Section 501(c) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following: ‘‘(29) CO–OP HEALTH INSURANCE ISSUERS.— ‘‘(A) IN GENERAL.—A qualified nonprofit health insur- ance issuer (within the meaning of section 1322 of the Patient Protection and Affordable Care Act) which has received a loan or grant under the CO–OP program under such section, but only with respect to periods for which the issuer is in compliance with the requirements of such section and any agreement with respect to the loan or grant. ‘‘(B) CONDITIONS FOR EXEMPTION.—Subparagraph (A) shall apply to an organization only if— ‘‘(i) the organization has given notice to the Sec- retary, in such manner as the Secretary may by regula- tions prescribe, that it is applying for recognition of its status under this paragraph, ‘‘(ii) except as provided in section 1322(c)(4) of the Patient Protection and Affordable Care Act, no part of the net earnings of which inures to the benefit of any private shareholder or individual, ‘‘(iii) no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and ‘‘(iv) the organization does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.’’. Lobbying. Notice. Applicability. 26 USC 501.
