Protecting Americans with Pre-Existing Conditions Act of 2021
This bill nullifies specified guidance and final rule provisions pertaining to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers) issued by the Department of the Treasury and the Department of Health and Human Services. The provisions allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria.
The provisions, which supersede earlier guidance from 2015, alter agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the provisions (1) redefine acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allow the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allow the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2149 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2149
To provide that certain rules and guidance related to waivers for State
innovation under the Patient Protection and Affordable Care Act shall
have no force or effect.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2021
Ms. Kuster (for herself, Mr. Beyer, and Mr. Courtney) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, 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 provide that certain rules and guidance related to waivers for State
innovation under the Patient Protection and Affordable Care Act shall
have no force or effect.
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 ``Protecting Americans with Pre-
existing Conditions Act of 2021''.
SEC. 2. PROVIDING THAT CERTAIN RULES AND GUIDANCE RELATED TO WAIVERS
FOR STATE INNOVATION UNDER THE PATIENT PROTECTION AND
AFFORDABLE CARE ACT SHALL HAVE NO FORCE OR EFFECT.
(a) In General.--The Secretary of Health and Human Services and the
Secretary of the Treasury may not take any action to implement,
enforce, or otherwise give effect to the rules and guidance described
in subsection (b), and no such rules and guidance shall have any force
or effect.
(b) Rules and Guidance.--The rules and guidance described in this
subsection are the following:
(1) The provisions in the final rule issued by the
Secretary of Health and Human Services and the Secretary of the
Treasury on January 19, 2021, relating to ``Updates to State
Innovation Waiver (Section 1332 Waiver) Implementing
Regulations'' (86 Fed. Reg. 6138).
(2) The guidance issued by such Secretaries entitled
``State Relief and Empowerment Waivers'' (83 Fed. Reg. 53575
(October 24, 2018)), or any other rule promulgated to give
effect to such guidance.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Health.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 Energy and Commerce, and in addition to the Committee on Ways and Means, 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 Health.
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