Another Round of Health Care Legislation Hammers Congress

United_States_Capitol_dome_daylight.jpgThe pace of new healthcare-reform related bills introduction has not slowed. While it is unclear if any particular bill will advance, the sheer volume of legislation makes it more likely that at least one health-reform related bill will make its way through the House or Senate this term. The following briefly summarizes the latest round of new bills, many of which are duplicative in substance to bills introduced in early January:

Repeal Legislation

Sen. Jim DeMint (R-SC) introduced the Repealing the Job-Killing Health Care Law Act (S. 192), adding to the many health care repeal bills that have been introduced so far this year. Sen. David Vitter (R-LA) similarly introduced a straight-up repeal bill, the Patient Choice Restoration Act (S. 16).  Meanwhile, on February 1, 2011 Sen. Mitch McConnell (R-KY) introduced an amendment (S. AMDT. 13) to the FAA Air Transportation Modernization and Safety Improvement Act (S. 223) that would also repeal the Affordable Care Act in its entirety.

Rep. Walter Herger (R-CA) reintroduced the Reform Americans Can Afford Act of 2011 (H.R. 397). In addition to repealing the current health care law, this bill would, among other things, fund state high-risk pools and reinsurance programs; permit the purchase of insurance across state lines; allow small businesses to pool together in Association Health Plans; reform medical liability law; prohibit health insurance plans from imposing annual or lifetime spending caps; allow dependent coverage until age 25; permit users of Health Savings Accounts (HSAs) to use pre-tax dollars to pay for their health insurance premiums; permit employers and insurers to offer substantial discounts on premiums to promote healthy behavior, use of preventive services, and participation in wellness programs; and restrict the use of federal funds to pay for abortions.

Another repeal bill (H.R. 429) introduced by Rep. Darrell Issa (R-CA) would, in addition to repealing the Affordable Care Act, establish a national health program administered by the Office of Personnel Management that offers federal employee health benefits plans to individuals who are not federal employees.

Partial Repeal Bills

Other bills seek to amend or repeal portions of the health care bill. Sen. Mike Johanns (R-NE) introduced yet another bill, the Small Business Paperwork Mandate Elimination Act (S. 18), that calls for the repeal of the much-maligned expanded 1099 information reporting requirements included in the Affordable Care Act. Sen. Max Baucus (D-MT) reintroduced a similar measure (S. 72) calling for the provision’s repeal.

With respect to the individual and employer mandates to purchase insurance or face a penalty, Sen. Orrin Hatch (R-UT) introduced the American Liberty Restoration Act (S. 19) and the American Job Protection Act (S. 20) to repeal those provisions, respectively.

A measure (H.R. 450) introduced by Rep. Dave Reichert (R-WA) would repeal the limitations imposed by the Affordable Care Act on health-related tax benefits under the tax code and treat high deductible health plans as qualified health plans under the Act.

The Job Creation Act of 2011 (S. 12) introduced by Sen. Robert Portman (R-OH) would – in addition to extending a temporary employer payroll tax cut – repeal the individual mandate and extended 1099 reporting requirements, and overhaul medical liability reform.

A bill (H.R. 452) introduced by Rep. David Roe (R-TN) would repeal the provisions of the Affordable Care Act that create the Independent Payment Advisory Board.

On February 1, Senators John Barrasso (R-WY) and Lindsey Graham (R-SC) introduced the State Health Care Choice Act (S. 244), a bill that would allow states to opt out of certain provisions of the Affordable Care Act, including the individual and employer mandates to purchase insurance or pay a penalty, Medicaid expansion, minimum essential benefit requirements, as well as other restrictions on providers of health insurance.

Another bill (S. 196) would amend the Act to require the President, Vice President, Members of Congress, political appointees, and congressional staff to participate in the health insurance exchanges that are set to be in place in 2014.

Sen. Ensign also introduced two bills (S. 197, 218) that seek “to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.”

Sen. Orrin Hatch (R-UT) introduced the Medical Device Access and Innovation Protection Act (S. 17) that would repeal the provisions in the Affordable Care Act that impose a tax on certain medical devices.

On the pro-healthcare law side, Rep. Peter Welch (D-VT) and Sen. Bernard Sanders (I-VT) introduced bills that would provide for an earlier start date for state health care coverage innovation waivers under the Affordable Care Act. Under the State Leadership in Healthcare Act (H.R. 439, S. 73), states would be able to seek waivers from the U.S. Health and Human Services Department three years sooner than allowed under the health care law. As explained in a fact sheet (pdf), states could qualify for waivers only for plans that are at least as comprehensive and affordable as the federal model and cover at least as many people, and would not be allowed to offer lower quality or less affordable coverage. Sen. Ron Wyden (D-OR) introduced similar legislation (S. 248) on February 1.

Limit Funding/Manpower

Another means of limiting the Affordable Care Act’s effectiveness is to choke off its funding. Rep. Cathy McMorris Rodgers (R-WA) introduced legislation (HR. 434) that would prevent the Secretary of the Treasury from hiring new employees to enforce the Act’s individual health mandate.

See blog entries dated Jan. 25 and Jan. 7 for information on prior healthcare-related bills introduced this term.

This entry was written by Ilyse Schuman.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.