Expatriate Health Coverage Clarification Act of 2014 - Exempts expatriate health plans, employers acting as sponsors of such plans, and health insurance issuers providing coverage under such plans from the health care coverage requirements of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010.
Deems expatriate health coverage to be minimum essential coverage for purposes of meeting the individual responsibility requirements of the Internal Revenue Code.
Declares that a qualified expatriate (and any dependent) enrolled in an expatriate health plan shall not be considered a U.S. health risk for purposes of assessing the annual fee on health insurance providers that provide health coverage to any U.S. health risk for any year after 2014.
Establishes a special rule for calculating the amount of this fee for calendar 2014.
Defines a "qualified expatriate" as: (1) a participant in a group health plan who is an alien residing outside the United States, a U.S. national, a lawful permanent resident, or a nonimmigrant about whom there is a good faith expectation of being abroad, in connection with his or her employment, for at least 180 days in a 12-month period; or (2) an individual who is abroad as a member of a group determined appropriate by the Secretary of Health and Human Services (HHS).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4414 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4414
To clarify the treatment under the Patient Protection and Affordable
Care Act of health plans in which expatriates are the primary
enrollees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2014
Mr. Carney (for himself, Mr. Nunes, Mr. Meehan, Mr. Renacci, Mr. Dent,
Mr. Larson of Connecticut, Mr. Fattah, Mr. Costa, Mr. Gerlach, Mr.
Tiberi, Mr. Kind, Mr. Fitzpatrick, Ms. Esty, Mr. Matheson, Mrs.
Kirkpatrick, Mr. Murphy of Florida, Mr. Valadao, Mr. McCarthy of
California, Mr. Barrow of Georgia, Mr. Barber, and Ms. Hanabusa)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on Energy and
Commerce, Education and the Workforce, the Judiciary, Natural
Resources, and House Administration, 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
_______________________________________________________________________
A BILL
To clarify the treatment under the Patient Protection and Affordable
Care Act of health plans in which expatriates are the primary
enrollees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expatriate Health Coverage
Clarification Act of 2014''.
SEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.
(a) In General.--Subject to subsection (b), the provisions of
(including any amendment made by) the Patient Protection and Affordable
Care Act (Public Law 111-148) and of title I and subtitle B of title II
of the Health Care and Education Reconciliation Act of 2011 (Public Law
111-152) shall not apply with respect to--
(1) expatriate health plans;
(2) employers with respect to any such plans for which such
employers are acting as plan sponsors; or
(3) expatriate health insurance issuers with respect to
coverage offered by such issuers under such plans.
(b) Minimum Essential Coverage and Eligible Employer-Sponsored
Plan.--For purposes of section 5000A(f) of the Internal Revenue Code of
1986, and any other section of the Internal Revenue Code of 1986 that
incorporates the definition of minimum essential coverage provided
under such section 5000A(f) by reference, coverage under an expatriate
health plan shall be deemed to be minimum essential coverage under an
eligible employer-sponsored plan as defined in paragraph (2) of such
section.
(c) Qualified Expatriates and Dependents Not United States Health
Risk.--
(1) In general.--For purposes of section 9010 of the
Patient Protection and Affordable Care Act (26 U.S.C. 4001 note
prec.), for calendar years after 2014, a qualified expatriate
(and any dependent of such individual) enrolled in an
expatriate health plan shall not be considered a United States
health risk.
(2) Special rule for 2014.--The fee under section 9010 of
such Act for calendar year 2014 with respect to any expatriate
health insurance issuer shall be the amount which bears the
same ratio to the fee amount determined by the Secretary of the
Treasury with respect to such issuer under such section for
such year (determined without regard to this paragraph) as--
(A) the amount of premiums taken into account under
such section with respect to such issuer for such year,
less the amount of premiums for expatriate health plans
taken into account under such section with respect to
such issuer for such year, bears to
(B) the amount of premiums taken into account under
such section with respect to such issuer for such year.
(d) Definitions.--In this section:
(1) Expatriate health insurance issuer.--The term
``expatriate health insurance issuer'' means a health insurance
issuer that issues expatriate health plans.
(2) Expatriate health plan.--The term ``expatriate health
plan'' means a group health plan, health insurance coverage
offered in connection with a group health plan, or health
insurance coverage offered to a group of individuals described
in paragraph (3)(B) (which may include dependents of such
individuals) that meets each of the following standards:
(A) Substantially all of the primary enrollees in
such plan or coverage are qualified expatriates, with
respect to such plan or coverage. In applying the
previous sentence, an individual shall not be taken
into account as a primary enrollee if the individual is
not a national of the United States and resides in the
country of which the individual is a citizen.
(B) Substantially all of the benefits provided
under the plan or coverage are not excepted benefits
described in section 9832(c) of the Internal Revenue
Code of 1986.
(C) The plan or coverage provides benefits for
items and services, in excess of emergency care,
furnished by health care providers--
(i) in the case of individuals described in
paragraph (3)(A), in the country or countries
in which the individual is present in
connection with the individual's employment,
and such other country or countries as the
Secretary of Health and Human Services, in
consultation with the Secretary of the Treasury
and the Secretary of Labor, may designate; or
(ii) in the case of individuals described
in paragraph (3)(B), in the country or
countries as the Secretary of Health and Human
Services, in consultation with the Secretary of
the Treasury and the Secretary of Labor, may
designate.
(D) In the case of an expatriate health plan that
is a group health plan offered by a plan sponsor that
also offers a domestic group health plan, the plan
sponsor reasonably believes that the benefits provided
by the expatriate health plan are actuarially similar
to, or better than, the benefits provided under a
domestic group health plan offered by that plan
sponsor.
(E) If the plan or coverage provides dependent
coverage of children, the plan or coverage makes such
dependent coverage available for adult children until
the adult child turns 26 years of age, unless such
individual is the child of a child receiving dependent
coverage.
(F) The plan or coverage is issued by an expatriate
health plan issuer, or administered by an
administrator, that maintains, with respect to such
plan or coverage--
(i) network provider agreements with health
care providers that are outside of the United
States; and
(ii) call centers in more than one country
and accepts calls from customers in multiple
languages.
(3) Qualified expatriate.--The term ``qualified
expatriate'' means any of the following individuals:
(A) Workers.--An individual who is a participant in
a group health plan, who is a national of the United
States, lawful permanent resident, or nonimmigrant for
whom there is a good faith expectation by the plan
sponsor of the plan that, in connection with the
individual's employment, the individual is abroad for a
total of not less than 90 days during any period of 12
consecutive months of enrollment in the group health
plan, or travels abroad on not less than 15 occasions
during such a 12-month period.
(B) Other individuals abroad.--An individual, such
as a student or religious missionary, who is abroad,
and who is a member of a group determined appropriate
by the Secretary of Health and Human Services, in
consultation with the Secretary of the Treasury and the
Secretary of Labor.
(4) Domestic group health plan.--The term ``domestic group
health plan'' means a group health plan that is offered in the
United States and in which substantially all of the primary
enrollees are not qualified expatriates, with respect to such
plan, and substantially all of the benefits provided under the
plan are not excepted benefits described in section 9832(c) of
the Internal Revenue Code of 1986.
(5) Abroad.--
(A) United states nationals.--
(i) In general.--Except as provided in
clause (ii), for purposes of applying paragraph
(3) to a national of the United States, the
term ``abroad'' means outside the 50 States,
the District of Columbia, and Puerto Rico.
(ii) Special rule.--For purposes of
applying paragraph (3) to a national of the
United States who resides in the United States
Virgin Islands, the Commonwealth of the
Northern Mariana Islands, American Samoa, or
Guam, the term ``abroad'' means outside of the
50 States, the District of Columbia, Puerto
Rico, and such territory or possession.
(B) Foreign citizens.--For purposes of applying
paragraph (3) to an individual who is not a national of
the United States, the term ``abroad'' means outside of
the country of which that individual is a citizen.
(6) United states.--The term ``United States'' means the 50
States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, the Commonwealth of the Northern Mariana
Islands, American Samoa, and Guam.
(7) Miscellaneous terms.--
(A) Group health plan; health insurance coverage;
health insurance issuer; plan sponsor.--The terms
``group health plan'', ``health insurance coverage'',
``health insurance issuer'', and ``plan sponsor'' have
the meanings given those terms in section 2791 of the
Public Health Service Act (42 U.S.C. 300gg-91), except
that in applying such terms under this section the term
``health insurance issuer'' includes a foreign
corporation which is predominantly engaged in an
insurance business and which would be subject to tax
under subchapter L of chapter 1 of the Internal Revenue
Code of 1986 if it were a domestic corporation.
(B) Foreign state; national of the united states;
nonimmigrant; reside; lawful permanent resident.--The
terms ``national of the United States'', and
``nonimmigrant'' have the meaning given such terms in
section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)), the term ``reside'' means having a
residence (within the meaning of such term in such
section), and the term ``lawful permanent resident''
means an alien lawfully admitted for permanent
residence (as defined in such section).
<all>
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and the Workforce, the Judiciary, Natural Resources, and House Administration, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and the Workforce, the Judiciary, Natural Resources, and House Administration, 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.
Referred to the Subcommittee on Immigration and Border Security.
Mr. Nunes moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H3067-3072; text of measure as introduced: CR H3067)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4414.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3123-3124)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 257 - 159 (Roll no. 174).
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On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 257 - 159 (Roll no. 174).
Roll Call #174 (House)Rules Committee Resolution H. Res. 555 Reported to House. Rule provides for consideration of H.R. 4414 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that the amendment printed in Report No. 113-422 shall be considered as adopted.
Rule H. Res. 555 passed House.
Considered under the provisions of rule H. Res. 555. (consideration: CR H3266-3275)
Rule provides for consideration of H.R. 4414 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that the amendment printed in Report No. 113-422 shall be considered as adopted.
DEBATE - The House proceeded with one hour of debate on H.R. 4414.
The previous question was ordered pursuant to the rule. (consideration: CR H3274)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 268 - 150 (Roll no. 182).(text: CR H3266-3267)
Roll Call #182 (House)On passage Passed by the Yeas and Nays: 268 - 150 (Roll no. 182). (text: CR H3266-3267)
Roll Call #182 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.