[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3080 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 3080 To ensure health care fairness and affordability for all Americans through universal access to equitable health insurance tax credits, reformed health savings accounts, and strengthened consumer protections, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 29, 2025 Mr. Sessions introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Workforce, 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 ensure health care fairness and affordability for all Americans through universal access to equitable health insurance tax credits, reformed health savings accounts, and strengthened consumer protections, 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; PURPOSES; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Care Fairness for All Act''. (b) Purposes.--The purposes of this Act are as follows: (1) Elimination of individual and employer mandates.--To eliminate mandates on individuals and employers, and other tax requirements, imposed under Public Law 111-148. (2) Providing states with alternative, affordable coverage options.--To provide greater flexibility in providing States with options in making affordable health insurance coverage available by eliminating certain mandates under Public Law 111- 148, while retaining essential consumer protections, by promoting health savings accounts to pay for such coverage and long-term care coverage, while permitting States to continue coverage as provided under such public law. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; purposes; table of contents. Sec. 2. Definitions. TITLE I--REVISION OF FEDERAL HEALTH LAW Subtitle A--Elimination of Employer and Individual Mandates Sec. 101. Repeal of individual health insurance mandate. Sec. 102. Repeal of employer health insurance mandate. Sec. 103. Clarifying employer's ability to reimburse employee premiums for purchase of individual health insurance coverage. Subtitle B--Limitation on Application of Federal Health Plan Requirements Sec. 121. Limiting application of requirements to consumer protections. Sec. 122. Offering of basic health insurance; protection of assets from liability or attachment or seizure. Sec. 123. Ensuring access to short-term limited duration insurance. Sec. 124. Making telehealth flexibilities permanent. Subtitle C--Health Insurance Tax Benefit Sec. 131. Health insurance tax benefit. Sec. 132. Application of portion of unused tax credits by States for indigent health care. Sec. 133. Medicaid option of enrollment under private plan and contribution to an HSA. Sec. 134. Repeal of reporting requirements relating to employee health insurance premiums and health plan benefits. Sec. 135. Report. Subtitle D--Medicare Reforms Sec. 141. Physician-owned hospitals. Sec. 142. Prohibiting the use of an inpatient-only list in designating hospital outpatient services under the Medicare program. Sec. 143. Promoting Medicare site-neutral payments. Sec. 144. Medicare Advantage contributions to Roth HSAs for chronically ill enrollees. Sec. 145. Extending acute hospital care at home waiver flexibilities. TITLE II--IMPROVING HEALTH SAVINGS ACCOUNTS TO PROMOTE ACCOUNTABILITY Sec. 201. Transition to non-deductible HSAs. Sec. 202. Elimination of medical expense deduction. Sec. 203. Treatment of HSA after death of account beneficiary. Sec. 204. Treatment of direct patient care arrangements. TITLE III--STATE FLEXIBILITY IN REGULATION OF HEALTH INSURANCE COVERAGE Sec. 301. State flexibility in regulation of health insurance coverage. TITLE IV--MEDICAID PAYMENT REFORM Sec. 401. Medicaid payment reform to ensure equitable access to care. TITLE V--PRICE TRANSPARENCY Sec. 501. Promoting transparent hospital prices for consumers. SEC. 2. DEFINITIONS. Except as otherwise provided, in this Act: (1) Basic health insurance.--The term ``basic health insurance'' is defined in section 122(a). (2) Default health insurance coverage.--The term ``default health insurance coverage'' is defined in section 121(b)(4)(B). (3) Exchange.--The term ``Exchange'' means an Exchange established under title I of Public Law 111-148. (4) Health insurance coverage; group health plan, etc.--The terms defined in section 2791 of the Public Health Service Act, including ``health insurance coverage'', ``group health plan'' ``individual market'', shall apply. (5) Limited benefit insurance.--The term ``limited benefit insurance'' is defined in section 122(b). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) State.--The term ``State'' includes the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. TITLE I--REVISION OF FEDERAL HEALTH LAW Subtitle A--Elimination of Employer and Individual Mandates SEC. 101. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE. Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply to months beginning after December 31, 2024.''. SEC. 102. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended-- (1) by striking section 4980H, and (2) by striking the item relating to section 4980H from the table of sections for such chapter. (b) Repeal of Related Reporting Requirements.--Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056 and by striking the item relating to section 6056 in the table of sections for such subpart. (c) Conforming Amendments.-- (1) Section 6724(d)(1)(B) of such Code is amended by striking clause (xxv). (2) Section 6724(d)(2) of such Code is amended by striking subparagraph (HH). (3) Section 1513 of Public Law 111-148 is amended by striking subsection (c). (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning more than 30 days after the date of the enactment of this Act. (2) Repeal of study and report.--The amendment made by subsection (c)(3) shall take effect on the date of the enactment of this Act. SEC. 103. CLARIFYING EMPLOYER'S ABILITY TO REIMBURSE EMPLOYEE PREMIUMS FOR PURCHASE OF INDIVIDUAL HEALTH INSURANCE COVERAGE. An employer health care arrangement, such as a health or medical reimbursement arrangement (HRA) or other employment plans, under which an employer reimburses an employee for the premiums for the purchase of individual health insurance coverage does not constitute a group health plan for any purposes, including for purposes of applying any of the following: (1) The Public Health Service Act (including sections 2711 and 2714 of such Act, 42 U.S.C. 300gg-11, 300gg-14). (2) Public Law 111-148. (3) The Internal Revenue Code of 1986 (other than for purposes of section 36B of such Code). (4) The Employee Retirement Income Security Act of 1974. (5) The HIPAA privacy regulations (as defined in section 1180(b)(3) of the Social Security Act, 42 U.S.C. 1320d- 9(b)(3)). (6) The Health Insurance Portability and Accountability Act of 1996. (7) COBRA continuation coverage under title XXII of the Public Health Service Act (42 U.S.C. 300bb-1 et seq.), section 4980B of the Internal Revenue Code of 1986, or title VI of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.). Subtitle B--Limitation on Application of Federal Health Plan Requirements SEC. 121. LIMITING APPLICATION OF REQUIREMENTS TO CONSUMER PROTECTIONS. (a) Removal of Public Law 111-148 Plan Requirements, Other Than Certain Consumer Protections.-- (1) In general.--Notwithstanding any other provision of law, with respect to group health plans and health insurance coverage whether or not offered through an Exchange, except as provided in paragraphs (2) and (3), the provisions of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) as in effect on the day before the date of the enactment of Public Law 111-148 shall apply instead of the provisions of such title as in effect after such date. (2) Public law 111-148 consumer protections continuing to be applied.--The following sections of the Public Health Service Act, that were added or amended by subtitles A and C of title I of Public Law 111-148, shall continue to apply to group health plans and to health insurance coverage offered in the individual and group market: (A) No lifetime or annual limits.--Section 2711 (42 U.S.C. 300gg-11; relating to no lifetime or annual limits), except in the case of limited benefit insurance (as defined in section 122(b)). (B) Dependent coverage through age 26.--Section 2714 (42 U.S.C. 300bb-14; relating to extension of dependent coverage). (C) Modified guaranteed availability.--Section 2702 (42 U.S.C. 300gg-1; relating to guaranteed availability of coverage), subject to paragraph (3) and subsection (c). (D) Guaranteed renewability.--Section 2703 (42 U.S.C. 300gg-2; relating to guaranteed renewability of coverage). (E) Prohibiting pre-existing condition exclusions.--Section 2704 (42 U.S.C. 300gg-3; relating to prohibition on preexisting conditions). (F) Prohibiting discrimination based on health status.--Section 2705 (42 U.S.C. 300gg-4; relating to prohibiting discrimination against individual participants and beneficiaries based on health status), subject to subsection (c). (G) Non-discrimination in health care.--Section 2706 (42 U.S.C. 300gg-5; relating to non-discrimination in health care). (3) Application of a late enrollment penalty for those without continuous coverage.-- (A) In general.--In the case of an individual who seeks to enroll in health insurance coverage and who, as of the effective date of such enrollment, does not have a continuous period of at least 12 months of creditable coverage, there shall be imposed a late enrollment penalty in the form of an increase in the monthly premiums for coverage of under the plan of 20 percent of the monthly premium otherwise determined for each consecutive full 12-month period (ending before such effective date) in which the individual was not enrolled in creditable coverage. Such increase shall apply during a period, to be specified under regulations of the Secretary but in no case longer than 3 times the length of the most recent period in which the individual did not have continuous coverage. (B) State waiver.--A State may apply to the Secretary for a waiver of the provisions of subparagraph (A) and the application of alternative provisions providing incentives for State residents to enroll in creditable coverage and maintain continuous creditable coverage. The Secretary shall approve such waiver if the Secretary determines that the alternative provisions provide similar or greater incentives for such enrollment than the incentives otherwise applicable. (4) Coordinating implementation of pre-public law 111-148 phsa provisions with public law 111-148 consumer protections.-- (A) In general.--In applying this subsection, the provisions described in paragraph (2) shall be treated as if they were included in title XXVII of the Public Health Service Act, as in effect before the date of enactment of Public Law 111-148, and, with respect to group health plans and health insurance coverage offered in connection with such plans, in part 7 of subtitle B of title I of the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1181 et seq.), and, with respect to group health plans, in chapter 100 of the Internal Revenue Code of 1986 as follows: (i) Lifetime limits; dependent coverage.-- The provisions described in paragraphs (2)(A) and (2)(B) shall be treated as included-- (I) with respect to group health plans (and health insurance coverage offered with respect to such plans), under subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) and subpart B of part 7 of subtitle B of title I of the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1181 et seq.); (II) also with respect to group health plans, under subchapter B of chapter 100 of the Internal Revenue Code of 1986; and (III) with respect to individual health insurance coverage, under subpart 2 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-15 et seq.). (ii) Remaining provisions.--The provision described in paragraph (2) (other than in subparagraph (A) or (B) of such paragraph) shall be treated as included-- (I) with respect to group health plans (and health insurance coverage offered with respect to such plans), under subpart 1 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) and subpart A of part 7 of subtitle B of title I of the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1181 et seq.); (II) also with respect to group health plans, under subchapter A of chapter 100 of the Internal Revenue Code of 1986; and (III) with respect to individual health insurance coverage, under subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.). (B) Conflicting provisions.--In the case described in paragraph (1) where there is a conflict between a provision described in paragraph (2) and a provision of law described in paragraph (1), the provision described in paragraph (2) shall control and the Secretary, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall establish such rules as may be necessary to carry out this subparagraph. (5) Conforming amendments.-- (A) ERISA.--Section 715 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185d) is amended-- (i) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and (ii) by adding at the end the following new subsection: ``(c) Additional Exception.--Pursuant to section 121 of the Health Care Fairness for All Act, the provisions of part A of title XXVII of the Public Health Service Act referred to in subsection (a), other than those provisions specified in section 121(a)(2) of the Health Care Fairness for All Act, shall not apply to plans and coverage described in subsection (a), whether or not the plans or coverage are offered through an Exchange established by Public Law 111-148.''. (B) IRC.--Section 9815 of the Internal Revenue Code of 1986 is amended-- (i) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and (ii) by adding at the end the following new subsection: ``(c) Additional Exception.--Pursuant to section 121 of the Health Care Fairness for All Act, the provisions