US HB3121 | 2013-2014 | 113th Congress

US Congress House Bill 3121 (Prior Session Legislation)

Status

Spectrum: Partisan Bill (Republican 134-0)
Status: Introduced on September 18 2013 - 25% progression, died in committee
Action: 2014-01-22 - Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Pending: House Subcommittee on Health, Employment, Labor, and Pensions Committee
Text: Latest bill text (Introduced) [PDF]

Summary

American Health Care Reform Act of 2013 - Repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of their enactment. Restores or revives provisions amended or repealed by such Act or such health care provisions. Amends the Internal Revenue Code (IRC) to allow an income tax standard deduction for a specified percentage of an individual's health insurance costs, regardless of whether or not the taxpayer itemizes other deductions. Excludes the amount of such a deduction from employment taxes. Allows a taxpayer, for earned income credit purposes, to exclude from earned income any employer contributions to a qualified accident or health plan. Allows double additional contributions to a health savings account (HSA) if both spouses are age 55 or older and one spouse is not an account beneficiary. Prescribes special rules for HSA coverage eligibility for certain individuals: (1) participating in a Medicare Advantage Medical Savings Account (MSA), (2) receiving periodic hospital care or medical services for a service-connected disability, (3) eligible for Indian Health Service assistance, or (4) eligible for TRICARE coverage. Prescribes requirements for interaction of health flexible spending arrangements (FSAs) and health reimbursement arrangements with HSAs. Prohibits the payment of health insurance premiums from HSAs, with certain exceptions. Prescribes circumstances in which certain medical expenses incurred before establishment of an HSA may still be qualified expenses. Prescribes requirements for protection of any HSA in a bankruptcy proceeding. Amends title XIX (Medicaid) of the Social Security Act (SSA) to authorize additional health opportunity account demonstration programs. Treats membership in a health care sharing ministry as coverage under a high deductible health plan. Renames high deductible health plans as HSA qualified plans. Allows payments from an HSA for: (1) direct primary care service arrangements, (2) certain exercise equipment and physical fitness programs, (3) certain nutritional and dietary supplements, and (4) periodic fees paid to a primary care physician for the right to receive medical services on an as-needed basis. Increases the maximum limit on contributions to an HSA to match deductible and out-of-pocket expenses limitations. Prescribes requirements for establishment of child health savings accounts, for which an income tax deduction shall be allowed a taxpayer equal to the aggregate cash amount paid into the account during the taxable year.Amends the IRC to include in gross income any distributions from an HSA for an abortion. Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHSA), and the IRC to authorize premium and cost-sharing variances in group health plans based on certain financial incentives for participation (or lack of it) in a standards-based wellness program. Amends the PHSA to direct the Secretary to provide a grant of up to $5 million to each state for the costs of creation and initial operation of a qualified high risk pool if it has not created such a pool as of September 1, 2013. Limits participation in such a pool to U.S. citizens and nationals. Declares that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with conditions of this Act. Prohibits a health insurance issuer from offering, selling, or issuing individual health insurance coverage in a secondary state if its insurance commissioner does not use a risk-based capital formula for determining capital and surplus requirements for all health insurance issuers. Amends the McCarran-Ferguson Act to declare that nothing in it shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance). Amends SSA title XI (General Provisions) to require the Secretary to make available to the public Medicare claims and payment data, including data on payments made to any provider of services or supplier. Authorizes a state to establish a Health Plan and Provider Portal website to standardize information on: (1) health insurance plans available in the state, and (2) price and quality information on health care providers (including physicians, hospitals, and other health care institutions). Declares that nothing in this Act shall be construed to interfere with the doctor-patient relationship or the practice of medicine. Amends the American Recovery and Reinvestment Act of 2009 to eliminate the Federal Coordinating Council for Comparative Effectiveness Research. Amends ERISA to prescribe requirements for establishment and governance of association health plans, which are group health plans meeting certain ERISA certification criteria whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations. Limits the commencement of a health care lawsuit, except in certain cases including fraud or intentional concealment, to three years after the date of manifestation of injury or one year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Limits to $250,000 the amount of noneconomic damages in such a lawsuit, but allows a claim for the full amount of any economic damages. Requires the court, in any health care lawsuit, to supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. Specifies criteria for the award of punitive damages, limited to the greater of $250,000 or double the amount of economic damages. Preempts state law with respect to health care lawsuits. Declares that nothing in this Act shall be construed to: (1) require any health plan to provide coverage of or access to abortion services; or (2) allow the Secretary, the Secretary of the Treasury, the Secretary of Labor, or any other federal or non-federal person or entity in implementing this Act to require coverage of, or access to, abortion services. Prohibits the use of funds authorized or appropriated by this Act to pay for any abortion or to cover any part of the costs of any health plan that includes abortion coverage, except: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a pregnant female suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the female in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.

Title

American Health Care Reform Act of 2013

Sponsors

Rep. David Roe [R-TN]	Rep. Robert Aderholt [R-AL]	Rep. Mark Amodei [R-NV]	Rep. Michele Bachmann [R-MN]
Rep. Lou Barletta [R-PA]	Rep. Garland Barr [R-KY]	Rep. Joe Barton [R-TX]	Rep. Dan Benishek [R-MI]
Rep. Kerry Bentivolio [R-MI]	Rep. Gus Bilirakis [R-FL]	Rep. Diane Black [R-TN]	Sen. Marsha Blackburn [R-TN]
Rep. Charles Boustany [R-LA]	Rep. Jim Bridenstine [R-OK]	Rep. Mo Brooks [R-AL]	Rep. Larry Bucshon [R-IN]
Rep. Bradley Byrne [R-AL]	Sen. Shelley Capito [R-WV]	Rep. Steve Chabot [R-OH]	Rep. Howard Coble [R-NC]
Rep. Tom Cole [R-OK]	Rep. Chris Collins [R-NY]	Rep. Michael Conaway [R-TX]	Rep. Paul Cook [R-CA]
Sen. Tom Cotton [R-AR]	Sen. Kevin Cramer [R-ND]	Rep. Ander Crenshaw [R-FL]	Rep. John Culberson [R-TX]
Rep. Rodney Davis [R-IL]	Rep. Scott DesJarlais [R-TN]	Rep. Sean Duffy [R-WI]	Rep. Jeff Duncan [R-SC]
Rep. Renee Ellmers [R-NC]	Rep. Blake Farenthold [R-TX]	Rep. Stephen Fincher [R-TN]	Rep. Charles Fleischmann [R-TN]
Rep. John Fleming [R-LA]	Rep. Bill Flores [R-TX]	Rep. Randy Forbes [R-VA]	Rep. Jeff Fortenberry [R-NE]
Rep. Virginia Foxx [R-NC]	Rep. Trent Franks [R-AZ]	Sen. Cory Gardner [R-CO]	Rep. Bob Gibbs [R-OH]
Rep. Phil Gingrey [R-GA]	Rep. Bob Goodlatte [R-VA]	Rep. Paul Gosar [R-AZ]	Rep. Trey Gowdy [R-SC]
Rep. Tom Graves [R-GA]	Rep. Tim Griffin [R-AR]	Rep. Brett Guthrie [R-KY]	Rep. Ralph Hall [R-TX]
Rep. Gregg Harper [R-MS]	Rep. Andy Harris [R-MD]	Rep. Vicky Hartzler [R-MO]	Rep. Doc Hastings [R-WA]
Rep. Jeb Hensarling [R-TX]	Rep. George Holding [R-NC]	Rep. Richard Hudson [R-NC]	Rep. Tim Huelskamp [R-KS]
Rep. Bill Huizenga [R-MI]	Rep. Duncan Hunter [R-CA]	Rep. Lynn Jenkins [R-KS]	Rep. Bill Johnson [R-OH]
Rep. Sam Johnson [R-TX]	Rep. Jim Jordan [R-OH]	Rep. Mike Kelly [R-PA]	Rep. Jack Kingston [R-GA]
Rep. John Kline [R-MN]	Rep. Doug LaMalfa [R-CA]	Rep. Doug Lamborn [R-CO]	Rep. Robert Latta [R-OH]
Rep. Billy Long [R-MO]	Rep. Blaine Luetkemeyer [R-MO]	Sen. Cynthia Lummis [R-WY]	Rep. Kenny Marchant [R-TX]
Rep. Tom Marino [R-PA]	Rep. Michael McCaul [R-TX]	Rep. Tom McClintock [R-CA]	Rep. Patrick McHenry [R-NC]
Rep. David McKinley [R-WV]	Rep. Mark Meadows [R-NC]	Rep. Luke Messer [R-IN]	Rep. Jeff Miller [R-FL]
Sen. Markwayne Mullin [R-OK]	Rep. Mick Mulvaney [R-SC]	Rep. Kristi Noem [R-SD]	Rep. Alan Nunnelee [R-MS]
Rep. Pete Olson [R-TX]	Rep. Steven Palazzo [R-MS]	Rep. Stevan Pearce [R-NM]	Rep. Scott Perry [R-PA]
Rep. Robert Pittenger [R-NC]	Rep. Mike Pompeo [R-KS]	Rep. Tom Price [R-GA]	Rep. Trey Radel [R-FL]
Rep. James Renacci [R-OH]	Rep. Reid Ribble [R-WI]	Rep. Tom Rice [R-SC]	Rep. Martha Roby [R-AL]
Rep. Mike D. Rogers [R-AL]	Rep. Todd Rokita [R-IN]	Rep. Thomas Rooney [R-FL]	Rep. Peter Roskam [R-IL]
Rep. Dennis Ross [R-FL]	Rep. Keith Rothfus [R-PA]	Rep. Edward Royce [R-CA]	Rep. Matt Salmon [R-AZ]
Rep. Steve Scalise [R-LA]	Rep. Aaron Schock [R-IL]	Rep. David Schweikert [R-AZ]	Rep. Austin Scott [R-GA]
Rep. Pete Sessions [R-TX]	Rep. Michael Simpson [R-ID]	Rep. Lamar Smith [R-TX]	Rep. Steve Southerland [R-FL]
Rep. Chris Stewart [R-UT]	Rep. Steve Stivers [R-OH]	Rep. Steve Stockman [R-TX]	Rep. Marlin Stutzman [R-IN]
Rep. Glenn Thompson [R-PA]	Rep. Mac Thornberry [R-TX]	Rep. Ann Wagner [R-MO]	Rep. Tim Walberg [R-MI]
Rep. Randy Weber [R-TX]	Rep. Brad Wenstrup [R-OH]	Rep. Lynn Westmoreland [R-GA]	Rep. Roger Williams [R-TX]
Rep. Joe Wilson [R-SC]	Rep. Robert Wittman [R-VA]	Rep. Steve Womack [R-AR]	Rep. Rob Woodall [R-GA]
Rep. Kevin Yoder [R-KS]	Rep. Ted Yoho [R-FL]

History

Date	Chamber	Action
2014-01-22	House	Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
2013-10-15	House	Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
2013-10-15	House	Referred to the Subcommittee on the Constitution and Civil Justice.
2013-09-23	House	Referred to the Subcommittee Indian and Alaska Native Affairs.
2013-09-20	House	Referred to the Subcommittee on Health.
2013-09-18	House	Referred to House Rules
2013-09-18	House	Referred to House Appropriations
2013-09-18	House	Referred to House House Administration
2013-09-18	House	Referred to House Natural Resources
2013-09-18	House	Referred to House Judiciary
2013-09-18	House	Referred to House Education and the Workforce
2013-09-18	House	Referred to House Ways and Means
2013-09-18	House	Referred to House Energy and Commerce
2013-09-18	House	Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Appropriations, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Same As/Similar To

HB99 (Related) 2013-01-25 - Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
HB132 (Related) 2013-04-23 - Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
HB207 (Related) 2013-01-04 - Referred to the House Committee on Ways and Means.
HB344 (Related) 2013-02-28 - Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
HB743 (Related) 2013-04-08 - Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
HB762 (Related) 2013-04-23 - Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
HB2194 (Related) 2013-06-19 - Referred to the Subcommittee on Health.
HB2843 (Related) 2013-07-26 - Referred to the Subcommittee on Health.
HB3622 (Related) 2014-01-27 - Referred to the Subcommittee on the Constitution and Civil Justice.
SB1031 (Related) 2013-05-23 - Read twice and referred to the Committee on Finance.
SB1180 (Related) 2013-06-18 - Read twice and referred to the Committee on Finance.
SB1851 (Related) 2013-12-18 - Read twice and referred to the Committee on Finance.
SB1860 (Related) 2013-12-19 - Read twice and referred to the Committee on Finance.
HB4177 (Related) 2014-03-06 - Referred to the House Committee on Ways and Means.
HB4600 (Related) 2014-05-07 - Referred to the House Committee on Ways and Means.