[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