Page:United States Statutes at Large Volume 124.djvu/210

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124 STAT. 184 PUBLIC LAW 111–148—MAR. 23, 2010 (A) IN GENERAL.—The term ‘‘qualified individual’’ means, with respect to an Exchange, an individual who— (i) is seeking to enroll in a qualified health plan in the individual market offered through the Exchange; and (ii) resides in the State that established the Exchange (except with respect to territorial agreements under section 1312(f)). (B) INCARCERATED INDIVIDUALS EXCLUDED.—An indi- vidual shall not be treated as a qualified individual if, at the time of enrollment, the individual is incarcerated, other than incarceration pending the disposition of charges. (2) QUALIFIED EMPLOYER.—In this title: (A) IN GENERAL.—The term ‘‘qualified employer’’ means a small employer that elects to make all full-time employees of such employer eligible for 1 or more qualified health plans offered in the small group market through an Exchange that offers qualified health plans. (B) EXTENSION TO LARGE GROUPS.— (i) IN GENERAL.—Beginning in 2017, each State may allow issuers of health insurance coverage in the large group market in the State to offer qualified health plans in such market through an Exchange. Nothing in this subparagraph shall be construed as requiring the issuer to offer such plans through an Exchange. (ii) LARGE EMPLOYERS ELIGIBLE.—If a State under clause (i) allows issuers to offer qualified health plans in the large group market through an Exchange, the term ‘‘qualified employer’’ shall include a large employer that elects to make all full-time employees of such employer eligible for 1 or more qualified health plans offered in the large group market through the Exchange. (3) ACCESS LIMITED TO LAWFUL RESIDENTS.—If an indi- vidual is not, or is not reasonably expected to be for the entire period for which enrollment is sought, a citizen or national of the United States or an alien lawfully present in the United States, the individual shall not be treated as a qualified indi- vidual and may not be covered under a qualified health plan in the individual market that is offered through an Exchange. SEC. 1313. FINANCIAL INTEGRITY. (a) ACCOUNTING FOR EXPENDITURES.— (1) IN GENERAL.—An Exchange shall keep an accurate accounting of all activities, receipts, and expenditures and shall annually submit to the Secretary a report concerning such accountings. (2) INVESTIGATIONS.—The Secretary, in coordination with the Inspector General of the Department of Health and Human Services, may investigate the affairs of an Exchange, may examine the properties and records of an Exchange, and may require periodic reports in relation to activities undertaken by an Exchange. An Exchange shall fully cooperate in any investigation conducted under this paragraph. (3) AUDITS.—An Exchange shall be subject to annual audits by the Secretary. Deadline. Deadline. Reports. 42 USC 18033. Effective date. Definition. Definition.