The other day, a reporter asked President Obama if Section 102 of the House bill, as written, outlawed private insurance after its passage. The president said he was unfamiliar with the language, and thus was unable to answer the question, but went on to assure the reporter that whatever coverage he currently had would be protected.
Posted below is Section 102 in its entirety … you tell me.
HR 3200 America’s Affordable Health Choices Act of 2009
July 14 2009
DIVISION A – AFFORDABLE HEALTH CARE CHOICES
TITLE I – PROTECTIONS AND STANDARDS FOR QUALIFIED HEALTH BENEFITS PLANS
Subtitle A – General Standards
SECTION 102. PROTECTING THE CHOICE TO KEEP CURRENT COVERAGE.
(a) Grandfathered Health Insurance Coverage Defined – Subject to the succeeding provisions of this section, for purposes of establishing acceptable coverage under this division, the term ‘grandfathered health insurance coverage’ means individual health insurance coverage that is offered and in force and effect before the first day of Year-1 if the following conditions are met:
(1) LIMITATION ON NEW ENROLLMENT
(A) IN GENERAL – Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Year-1.
(B) DEPENDENT COVERAGE PERMITTED – Subparagraph A shall not affect the subsequent enrollment of a dependent of an individual who is covered as of such first day.
(2) LIMITATION ON CHANGES IN TERMS OR CONDITIONS – Subject to paragraph 3 and except as required by law, the issuer does not change any of its terms or conditions, including benefits and cost-sharing, from those in effect as of the day before the first day of Year-1.
(3) RESTRICTIONS ON PREMIUM INCREASES – The issuer cannot vary the percentage increase in the premium for a risk group of enrollees in specific grandfathered health insurance coverage without changing the premium for all enrollees in the same risk group at the same rate, as specified by the Commissioner.
(b) Grace Period for Current Employment-based Health Plans
(1) GRACE PERIOD
(A) IN GENERAL – The Commissioner shall establish a grace period whereby, for plan years beginning after the end of the 5-year period beginning with Year-1, an employment-based health plan in operation as of the day before the first day of Year-1 must meet the same requirements as apply to a qualified health benefits plan under §101, including the essential benefit package requirement under §121.
(B) EXCEPTION FOR LIMITED BENEFITS PLANS – Subparagraph (A) shall not apply to an employment-based health plan in which the coverage consists only of one or more of the following:
(i) Any coverage described in §3001(a)(1)(B)(ii)(IV) of division B of the American Recovery and Reinvestment Act of 2009 (PL 111-5) .
(ii) Excepted benefits (as defined in §733(c) of the Employee Retirement Income Security Act of 1974), including coverage under a specified disease or illness policy described in paragraph (3)(A) of such section.
(iii) Such other limited benefits as the Commissioner may specify.
In no case shall an employment-based health plan in which the coverage consists only of one or more of the coverage or benefits described in clauses (i) through (iii) be treated as acceptable coverage under this
(2) TRANSITIONAL TREATMENT AS ACCEPTABLE COVERAGE – During the grace period specified in paragraph (1)(A), an employment-based health plan that is described in such paragraph shall be treated as acceptable coverage under this division.
(c) Limitation on Individual Health Insurance Coverage
(1) IN GENERAL – Individual health insurance coverage that is not grandfathered health insurance coverage under subsection (a) may only be offered on or after the first day of Year-1 as an Exchange-participating health benefits plan.
(2) SEPARATE, EXCEPTED COVERAGE PERMITTED – Excepted benefits (as defined in §2791(c) of the Public Health Service Act) are not included within the definition of health insurance coverage. Nothing in paragraph (1) shall prevent the offering, other than through the Health Insurance Exchange, of excepted benefits so long as it is offered and priced separately from health insurance coverage.
Got that? Good.
 As an example of how to interpret legal references, this clause would be cited as section 102 (§102), sub-section b (§§b), paragraph 1 (¶1), sub-paragraph B (¶¶B), clause-i (i) of TITLE I of HR 3200, written as HR 3200, TITLE I, §102(b)(1)(B)(i).