# Title 26.1 — Insurance

## Chapter 26.1-54 — American Health Benefit Exchange

### § 26.1-54-01. American health benefit exchange.

To ensure that an American health benefit exchange is created in the state, the
commissioner and the department of health and human services shall:
1. Plan for the implementation of an American health benefit exchange for the state that
facilitates the purchase of qualified health benefit plans; provides for the establishment
of a small business health options program that is designed to assist qualified small
employers in facilitating the enrollment of their employees in qualified health benefit
plans offered in the small group market; implements eligibility determination and
enrollment of individuals in the state's medical assistance program and the state's
children's health insurance program; provides simplification; provides coordination
among medical assistance, the children's health insurance program, and the state
health insurance exchange; and meets the requirements of the Patient Protection and
Affordable Care Act of 2010 [Pub. L. 111-148] as amended by the Health Care and
Education Reconciliation Act of 2010 [Pub. L. 111-152]. The legislative assembly may
consider establishing one exchange that will provide services to both qualified
individuals and qualified small employers;
2. Subject to section 3 of chapter 225 of the 2011 Session Laws, take all actions
necessary to ensure that the exchange is determined, not later than January 1, 2013,
by the federal government to be ready to operate not later than January 1, 2014, and
that the exchange is operating on or after January 1, 2014;
3. Subject to section 3 of chapter 225 of the 2011 Session Laws, consider whether to
seek federal grant funds for the planning and implementation of the exchange and
administer all funds appropriated or made available for the purpose of carrying out the
provisions of this chapter;
4. Subject to section 3 of chapter 225 of the 2011 Session Laws, contract with outside
entities as necessary to provide services necessary to implement the exchange; and
5. Collaborate with the information technology department as necessary and appropriate
in completing the responsibilities set forth in this section.
### § 26.1-54-02. Rules.

The commissioner and the department of health and human services may adopt rules
necessary or desirable to carry out the provisions of this chapter.
### § 26.1-54-03. Cooperation of state agencies.

State agencies shall cooperate with the commissioner and the department of health and
human services to ensure the success of the exchange.
### § 26.1-54-04. Records.

Notwithstanding any provision of this code making records confidential, the commissioner or
the commissioner's designee and the department of health and human services may receive
from and provide to federal and state agencies information gathered in the administration of the
exchange, including social security numbers, if the disclosure is necessary for the
commissioner, the department of health and human services, or the receiving entity to perform
its duties and responsibilities.
