TITLE I--HEALTH, EDUCATION, LABOR, AND PENSIONS
(Sec. 101) This bill amends the Patient Protection and Affordable Care Act (PPACA) to terminate the Prevention and Public Health Fund, which provides for investment in prevention and public health programs to improve health and restrain the rate of growth in health care costs. Unobligated funds are rescinded.
(Sec. 102) Funding for community health centers is increased.
(Sec. 103) Certain funding for U.S. territories that establish health insurance exchanges is no longer available after 2017.
(Sec. 104) The Department of Health and Human Services (HHS) may not collect fees or make payments under the transitional reinsurance program.
(Sec. 105) This bill makes appropriations for FY2016 and FY2017 for HHS to award grants to states to address substance abuse or to respond to urgent mental health needs.
TITLE II--FINANCE
(Sec. 201) This bill amends the Internal Revenue Code to require individuals to pay back the full amount of advance payments in excess of their premium assistance tax credit. (Currently, there is a limit on the amount of excess an individual must pay back.)
(Sec. 202) Provisions relating to the premium assistance tax credit, reduced cost-sharing, and eligibility determinations for these subsidies are repealed on December 31, 2017.
(Sec. 203) The small employer health insurance tax credit does not apply after 2017. (This credit is for certain employers who make contributions toward employee health coverage purchased through a health insurance exchange.)
(Sec. 204) The penalty for individuals who do not maintain minimum essential health care coverage is eliminated.
(Sec. 205) Large employers are no longer required to make shared responsibility payments.
(Sec. 206) For one year, this bill restricts the availability of federal funding to a state for payments to an entity (e.g., Planned Parenthood Federation of America) that:
(Sec. 207) This bill amends part A (General Provisions) of title XI of the Social Security Act (SSAct) to require the additional payments to U.S. territories for Medicaid under the Health Care and Education Reconciliation Act of 2010 to be made by the end of FY2017 instead of the end of FY2019.
This bill amends title XIX (Medicaid) of the SSAct to end the expansion of Medicaid under PPACA on December 31, 2017.
After 2017, hospitals may no longer elect to provide Medicaid services to individuals during a presumptive eligibility period.
States must maintain Medicaid eligibility standards for individuals under 19 years old through FY2017 instead of through FY2019.
The federal medical assistance percentage (FMAP, the federal matching rate for Medicaid expenditures) for U.S. territories is 50% after 2017 (currently, the FMAP is 55%).
The increased FMAP for childless adults and home and community-based attendant services under PPACA ends December 31, 2017.
After 2017, states may no longer elect to provide certain individuals with a presumptive eligibility period for Medicaid.
Medicaid benchmark plans are no longer required to provide minimum essential health benefits after 2017.
After 2017, states are no longer required to operate a website for Medicaid enrollment that is linked to the state's health benefit exchange and Children's Health Insurance program (CHIP).
(Sec. 208) Medicaid allotments for disproportionate share hospitals are increased.
(Sec. 209) The excise tax on high cost employer-sponsored health coverage (popularly known as the "Cadillac tax") does not apply after 2017.
(Sec. 210) Health savings accounts (HSAs), Archer medical savings accounts (MSAs), health flexible spending arrangements (HFSAs), and health reimbursement arrangements may be used to pay for over-the-counter medications.
(Sec. 211) This bill lowers the tax on distributions from HSAs and Archer MSAs that are not used for medical expenses.
(Sec. 212) Salary reduction contributions to an HFSA under a cafeteria plan are no longer limited.
(Sec. 213) The annual fee on manufacturers and importers of brand name prescription drugs is eliminated.
(Sec. 214) The excise tax on medical devices is eliminated.
(Sec. 215) The annual fee on health insurers is eliminated.
(Sec. 216) Medical costs are allowed as a tax deduction regardless of whether the costs are taken into account when determining the amount of the subsidy for an employer-sponsored retiree prescription drug plan under Medicare part D (Voluntary Prescription Drug Benefit Program).
(Sec. 217) A tax deduction is allowed for medical expenses in excess of 7.5% (currently, 10%) of adjusted gross income.
(Sec. 218) The additional Medicare tax on income above a certain threshold is eliminated.
(Sec. 219) The indoor tanning services tax is eliminated.
(Sec. 220) The net investment income tax is eliminated.
(Sec. 221) A health insurer is allowed a tax deduction for the full amount of an employee's compensation. (Currently, there is a limit on the amount of an employee's compensation that a health insurer may deduct.)
(Sec. 222) Provisions relating to the economic substance doctrine are repealed. (The economic substance doctrine treats a transaction as having economic substance if it has a purpose other than reducing income taxes. Currently, there are penalties for claiming tax benefits for transactions without economic substance.)
(Sec. 223) Funds are transferred from the Department of the Treasury to the Federal Hospital Insurance Trust Fund.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3762 Reported in House (RH)]
<DOC>
Union Calendar No. 222
114th CONGRESS
1st Session
H. R. 3762
[Report No. 114-293]
To provide for reconciliation pursuant to section 2002 of the
concurrent resolution on the budget for fiscal year 2016.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2015
Mr. Price of Georgia reported the following bill; which was committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
_______________________________________________________________________
A BILL
To provide for reconciliation pursuant to section 2002 of the
concurrent resolution on the budget for fiscal year 2016.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring
Americans' Healthcare Freedom Reconciliation Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMITTEE ON EDUCATION AND THE WORKFORCE
Sec. 101. Repeal of automatic enrollment requirement.
TITLE II--COMMITTEE ON ENERGY AND COMMERCE
Sec. 201. Repeal of the Prevention and Public Health Fund.
Sec. 202. Federal payment to States.
Sec. 203. Funding for community health center program.
TITLE III--COMMITTEE ON WAYS AND MEANS
Subtitle A--Revenue Provisions
Sec. 301. Repeal of individual mandate.
Sec. 302. Repeal of employer mandate.
Sec. 303. Repeal of medical device excise tax.
Sec. 304. Repeal of the tax on employee health insurance premiums and
health plan benefits and related reporting
requirements.
Subtitle B--Repeal of Independent Payment Advisory Board
Sec. 311. Repeal of Independent Payment Advisory Board.
TITLE I--COMMITTEE ON EDUCATION AND THE WORKFORCE
SEC. 101. REPEAL OF AUTOMATIC ENROLLMENT REQUIREMENT.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by repealing section 18A (as added by section 1511 of the
Patient Protection and Affordable Care Act (Public Law 111-148)).
TITLE II--COMMITTEE ON ENERGY AND COMMERCE
SEC. 201. REPEAL OF THE PREVENTION AND PUBLIC HEALTH FUND.
(a) In General.--Section 4002 of the Patient Protection and
Affordable Care Act (42 U.S.C. 300u-11) is repealed.
(b) Rescission of Unobligated Funds.--Of the funds made available
by such section 4002, the unobligated balance is rescinded.
SEC. 202. FEDERAL PAYMENT TO STATES.
(a) In General.--Notwithstanding sections 504(a), 1902(a)(23),
2002, 2005(a)(4), 2102(a)(7), or 2105(a)(1) of the Social Security Act
(42 U.S.C. 704(a), 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2),
1397ee(a)(1)), or the terms of any Medicaid waiver in effect on the
date of enactment of this Act that is approved under section 1115 or
1915 of the Social Security Act (42 U.S.C. 1315, 1396n), for the one-
year period beginning on the date of the enactment of this Act no
Federal funds may be made available to a State for payments to a
prohibited entity.
(b) Definition of Prohibited Entity.--In this section, the term
``prohibited entity'' means an entity, including its affiliates,
subsidiaries, successors, and clinics--
(1) that, as of the date of enactment of this Act--
(A) is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code;
(B) is an essential community provider described in
section 156.235 of title 45, Code of Federal
Regulations, that is primarily engaged in family
planning services, reproductive health, and related
medical care; and
(C) provides for elective abortions; and
(2) for which the total amount of Federal and State
expenditures under the Medicaid program under title XIX of the
Social Security Act in fiscal year 2014 made directly to the
entity and to any affiliates, subsidiaries, successors, or
clinics of the entity, or made to the entity and to any
affiliates, subsidiaries, successors, or clinics of the entity
as part of a nationwide health care provider network, exceeded
$350,000,000.
SEC. 203. FUNDING FOR COMMUNITY HEALTH CENTER PROGRAM.
Effective as if included in the enactment of the Medicare Access
and CHIP Reauthorization Act of 2015 (Public Law 114-10, 129 Stat. 87),
paragraph (1) of section 221(a) of such Act is amended by inserting
after ``Section 10503(b)(1)(E) of the Patient Protection and Affordable
Care Act (42 U.S.C. 254b-2(b)(1)(E)) is amended'' the following: ``by
striking `$3,600,000,000' and inserting `$3,835,000,000' and''.
TITLE III--COMMITTEE ON WAYS AND MEANS
Subtitle A--Revenue Provisions
SEC. 301. REPEAL OF INDIVIDUAL MANDATE.
(a) In General.--Section 5000A of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(h) Termination.--This section shall not apply with respect to
any month beginning after December 31, 2014.''.
(b) Conforming Amendments.--
(1) Section 5000A(c) of such Code is amended--
(A) in paragraph (2)(B) by striking clauses (ii)
and (iii),
(B) in paragraph (3)(B) by striking ``2014'' and
all that follows and inserting ``2014.'', and
(C) in paragraph (3) by striking subparagraph (D).
(2) Section 5000A(e)(1) of such Code is amended by striking
subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2014.
SEC. 302. REPEAL OF EMPLOYER MANDATE.
(a) In General.--Section 4980H of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(e) Termination.--This section shall not apply with respect to
any month beginning after December 31, 2014.''.
(b) Conforming Amendment.--Section 4980H(c) of such Code is amended
by striking paragraph (5).
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2014.
SEC. 303. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by striking the item relating to subchapter E.
(d) Effective Date.--The amendments made by this section shall
apply to sales in calendar quarters beginning after the date of the
enactment of this Act.
SEC. 304. REPEAL OF THE TAX ON EMPLOYEE HEALTH INSURANCE PREMIUMS AND
HEALTH PLAN BENEFITS AND RELATED REPORTING REQUIREMENTS.
(a) Excise Tax.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980I.
(b) Reporting Requirement.--Section 6051(a) of such Code is amended
by inserting ``and'' at the end of paragraph (12), by striking ``,
and'' at the end of paragraph (13) and inserting a period, and by
striking paragraph (14).
(c) Clerical Amendment.--The table of sections for chapter 43 of
such Code is amended by striking the item relating to section 4980I.
(d) Effective Dates.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2017.
(2) Reporting requirement.--The amendment made by
subsection (b) shall apply to calendar years beginning after
December 31, 2014.
Subtitle B--Repeal of Independent Payment Advisory Board
SEC. 311. REPEAL OF INDEPENDENT PAYMENT ADVISORY BOARD.
Effective as of the enactment of the Patient Protection and
Affordable Care Act (Public Law 111-148), sections 3403 and 10320 of
such Act (including the amendments made by such sections) are repealed,
and any provision of law amended by such sections is hereby restored as
if such sections had not been enacted into law.
Union Calendar No. 222
114th CONGRESS
1st Session
H. R. 3762
[Report No. 114-293]
_______________________________________________________________________
A BILL
To provide for reconciliation pursuant to section 2002 of the
concurrent resolution on the budget for fiscal year 2016.
_______________________________________________________________________
October 16, 2015
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Vetoed by President.(text of veto message: CR H210-211)
Vetoed by President. (text of veto message: CR H210-211)
The Chair laid before the House the veto message from the President. (consideration: CR H210-211)
The Chair announced that the objections of the President to H.R. 3762 would be spread at large upon the Journal and the veto message would be printed as a House document (114-91). (consideration: CR H211)
Mr. Scalise moved to postpone consideration of the veto message until Jan. 26. (consideration: CR H211)
Floor summary: DEBATE - The House proceeded with one hour of debate on the Scalise motion to postpone consideration of the veto message.
The previous question on the motion to postpone consideration of the veto message was ordered without objection. (consideration: CR H211)
On motion to postpone consideration of the veto message until Jan. 26. Agreed to by voice vote.
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Notwithstanding the order of the House on January 8, 2016, the Chair announced that further consideration of the veto message on H.R. 3762 shall be postponed until Tuesday, February 2, 2016. Agreed to without objection.
Pursuant to the order of the House of January 25, 2016, the Chair announced that the unfinished business was the further consideration of the veto message of the President on H.R. 3762.
DEBATE - The House proceeded with one hour of debate on the question of passage of H.R. 3762, the objections of the President to the contrary, notwithstanding.
POSTPONED PROCEEDINGS - Pursuant to rule 8, clause 20, the Chair postponed further proceedings on the question of passage of H.R. 3762, the objections of the President to the contrary notwithstanding, until later in the legislative day.
The Chair announced the unfinished business to be the consideration of the veto.
Considered as unfinished business. (consideration: CR H482)
Failed of passage in House over veto: On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 241 - 186 (Roll no. 53).(consideration: CR H482)
Roll Call #53 (House)The Chair announced that the bill and accompanying veto message were referred to the Committee on the Budget. The Chair directed the Clerk to notify the Senate of the action to the House.
On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 241 - 186 (Roll no. 53). (consideration: CR H482)
Roll Call #53 (House)