HR 105

112th CONGRESS
1st Session

H. R. 105

To repeal the Patient Protection and Affordable Care Act and related health-care provisions and to enact in its place incentives to encourage health insurance coverage, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 5, 2011

Mr. BURTON of Indiana introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Budget, Education and the Workforce, Natural Resources, House Administration, Ways and Means, the Judiciary, Rules, Appropriations, and Oversight and Government Reform, 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 repeal the Patient Protection and Affordable Care Act and related health-care provisions and to enact in its place incentives to encourage health insurance coverage, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--TAX INCENTIVES FOR MAINTAINING HEALTH INSURANCE COVERAGE

TITLE II--HEALTH INSURANCE POOLING MECHANISMS FOR INDIVIDUALS

Subtitle A--Safety Net for Individuals With Pre-Existing Conditions

Subtitle B--Federal Block Grants for State Insurance Expenditures

Subtitle C--Health Care Access and Availability

Subtitle D--Small Business Health Fairness

TITLE III--INTERSTATE MARKET FOR HEALTH INSURANCE

TITLE IV--SAFETY NET REFORMS

TITLE V--MEDICAL LIABILITY AND UNCOMPENSATED CARE REFORMS

TITLE VI--WELLNESS AND PREVENTION

TITLE VII--TRANSPARENCY AND INSURANCE REFORM MEASURES

TITLE VIII--QUALITY

TITLE IX--STATE TRANSPARENCY PLAN PORTAL

TITLE X--PHYSICIAN PAYMENT REFORM

TITLE XI--INCENTIVES TO REDUCE PHYSICIAN SHORTAGES

Subtitle A--Federally Supported Student Loan Funds for Medical Students

Subtitle B--Loan Forgiveness for Primary Care Providers

TITLE XII--OFFSETS

Subtitle A--Enforcing Discretionary Spending Limits

Subtitle B--Repeal of Unused Stimulus Funds

Subtitle C--Savings From Health Care Efficiencies

Subtitle D--Fraud, Waste, and Abuse

SEC. 2. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) AND HEALTH CARE-RELATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.

TITLE I--TAX INCENTIVES FOR MAINTAINING HEALTH INSURANCE COVERAGE

SEC. 101. REFUNDABLE TAX CREDIT FOR HEALTH INSURANCE COSTS OF LOW-INCOME INDIVIDUALS.

`SEC. 36D. HEALTH INSURANCE COSTS OF LOW-INCOME INDIVIDUALS.

SEC. 102. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR QUALIFIED HEALTH INSURANCE.

`SEC. 7529. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR QUALIFIED HEALTH INSURANCE.

`SEC. 6050X. RETURNS RELATING TO CREDIT FOR HEALTH INSURANCE COSTS OF LOW-INCOME INDIVIDUALS.

SEC. 103. ELECTION OF TAX CREDIT INSTEAD OF ALTERNATIVE GOVERNMENT OR GROUP PLAN BENEFITS.

SEC. 104. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF INDIVIDUALS.

`SEC. 224. COSTS OF QUALIFIED HEALTH INSURANCE.

SEC. 105. LIMITATION ON ABORTION FUNDING.

SEC. 106. NON-DISCRIMINATION ON ABORTION AND RESPECT FOR RIGHTS OF CONSCIENCE.

SEC. 107. EQUAL EMPLOYER CONTRIBUTION RULE TO PROMOTE CHOICE.

SEC. 108. LIMITATIONS ON STATE RESTRICTIONS ON EMPLOYER AUTO-ENROLLMENT.

SEC. 109. CREDIT FOR SMALL EMPLOYERS ADOPTING AUTO-ENROLLMENT AND DEFINED CONTRIBUTION OPTIONS.

`SEC. 45S. AUTO-ENROLLMENT AND DEFINED CONTRIBUTION OPTION FOR HEALTH BENEFITS PLANS OF SMALL EMPLOYERS.

SEC. 110. REQUIRE EMPLOYERS TO DISCLOSE AMOUNTS PAID FOR EMPLOYER-PROVIDED HEALTH PLAN COVERAGE.

SEC. 111. HSA MODIFICATIONS AND CLARIFICATIONS.

TITLE II--HEALTH INSURANCE POOLING MECHANISMS FOR INDIVIDUALS

Subtitle A--Safety Net for Individuals With Pre-Existing Conditions

SEC. 201. REQUIRING OPERATION OF HIGH-RISK POOL OR OTHER MECHANISM AS CONDITION FOR AVAILABILITY OF TAX CREDIT.

Subtitle B--Federal Block Grants for State Insurance Expenditures

SEC. 211. FEDERAL BLOCK GRANTS FOR STATE INSURANCE EXPENDITURES.

Subtitle C--Health Care Access and Availability

SEC. 221. EXPANSION OF ACCESS AND CHOICE THROUGH INDIVIDUAL MEMBERSHIP ASSOCIATIONS (IMAS).

`TITLE XXXI--INDIVIDUAL MEMBERSHIP ASSOCIATIONS

`SEC. 3101. DEFINITION OF INDIVIDUAL MEMBERSHIP ASSOCIATION (IMA).

`SEC. 3102. APPLICATION OF CERTAIN LAWS AND REQUIREMENTS.

`SEC. 3103. ADMINISTRATION.

`SEC. 3104. DEFINITIONS.

Subtitle D--Small Business Health Fairness

SEC. 231. SHORT TITLE.

SEC. 232. RULES GOVERNING ASSOCIATION HEALTH PLANS.

`PART 8--RULES GOVERNING ASSOCIATION HEALTH PLANS

`SEC. 801. ASSOCIATION HEALTH PLANS.

`SEC. 802. CERTIFICATION OF ASSOCIATION HEALTH PLANS.

`SEC. 803. REQUIREMENTS RELATING TO SPONSORS AND BOARDS OF TRUSTEES.

`SEC. 804. PARTICIPATION AND COVERAGE REQUIREMENTS.

`SEC. 805. OTHER REQUIREMENTS RELATING TO PLAN DOCUMENTS, CONTRIBUTION RATES, AND BENEFIT OPTIONS.

`SEC. 806. MAINTENANCE OF RESERVES AND PROVISIONS FOR SOLVENCY FOR PLANS PROVIDING HEALTH BENEFITS IN ADDITION TO HEALTH INSURANCE COVERAGE.

`SEC. 807. REQUIREMENTS FOR APPLICATION AND RELATED REQUIREMENTS.

`SEC. 808. NOTICE REQUIREMENTS FOR VOLUNTARY TERMINATION.

`SEC. 809. CORRECTIVE ACTIONS AND MANDATORY TERMINATION.

`SEC. 810. TRUSTEESHIP BY THE SECRETARY OF INSOLVENT ASSOCIATION HEALTH PLANS PROVIDING HEALTH BENEFITS IN ADDITION TO HEALTH INSURANCE COVERAGE.

`SEC. 811. STATE ASSESSMENT AUTHORITY.

`SEC. 812. DEFINITIONS AND RULES OF CONSTRUCTION.

`Part 8--Rules Governing Association Health Plans

SEC. 233. CLARIFICATION OF TREATMENT OF SINGLE EMPLOYER ARRANGEMENTS.

SEC. 234. ENFORCEMENT PROVISIONS RELATING TO ASSOCIATION HEALTH PLANS.

SEC. 235. COOPERATION BETWEEN FEDERAL AND STATE AUTHORITIES.

SEC. 236. EFFECTIVE DATE AND TRANSITIONAL AND OTHER RULES.

TITLE III--INTERSTATE MARKET FOR HEALTH INSURANCE

SEC. 301. COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE.

`PART D--COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE

`SEC. 2795. DEFINITIONS.

`SEC. 2796. APPLICATION OF LAW.

`SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR BEFORE ISSUER MAY SELL INTO SECONDARY STATES.

`SEC. 2798. LIMITATION ON INDIVIDUAL PURCHASE IN SECONDARY STATE.

`SEC. 2799. INDEPENDENT EXTERNAL APPEALS PROCEDURES.

`SEC. 2800. ENFORCEMENT.

TITLE IV--SAFETY NET REFORMS

SEC. 401. REQUIRING OUTREACH AND COVERAGE BEFORE EXPANSION OF ELIGIBILITY.

SEC. 402. EASING ADMINISTRATIVE BARRIERS TO STATE COOPERATION WITH EMPLOYER-SPONSORED INSURANCE COVERAGE.

SEC. 403. IMPROVING BENEFICIARY CHOICE IN SCHIP.

SEC. 404. LIABILITY PROTECTIONS FOR HEALTH CENTER VOLUNTEER PRACTITIONERS.

SEC. 405. LIABILITY PROTECTIONS FOR HEALTH CENTER PRACTITIONERS PROVIDING SERVICES IN EMERGENCY AREAS.

TITLE V--MEDICAL LIABILITY AND UNCOMPENSATED CARE REFORMS

SEC. 501. SHORT TITLE.

SEC. 502. FINDINGS AND PURPOSE.

SEC. 503. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

SEC. 504. COMPENSATING PATIENT INJURY.

SEC. 505. MAXIMIZING PATIENT RECOVERY.

SEC. 506. ADDITIONAL HEALTH BENEFITS.

SEC. 507. PUNITIVE DAMAGES.

SEC. 508. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN HEALTH CARE LAWSUITS.

SEC. 509. DEFINITIONS.

SEC. 510. EFFECT ON OTHER LAWS.

SEC. 511. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

SEC. 512. APPLICABILITY; EFFECTIVE DATE.

SEC. 513. SENSE OF CONGRESS.

SEC. 514. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

`SEC. 399U. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

SEC. 515. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE GUIDELINES.

SEC. 516. BAD DEBT DEDUCTION FOR DOCTORS TO PARTIALLY OFFSET THE COST OF PROVIDING UNCOMPENSATED CARE REQUIRED TO BE PROVIDED UNDER AMENDMENTS MADE BY THE EMERGENCY MEDICAL TREATMENT AND LABOR ACT.

TITLE VI--WELLNESS AND PREVENTION

SEC. 601. PROVIDING FINANCIAL INCENTIVES FOR TREATMENT COMPLIANCE.

TITLE VII--TRANSPARENCY AND INSURANCE REFORM MEASURES

SEC. 701. RECEIPT AND RESPONSE TO REQUESTS FOR CLAIM INFORMATION.

`SEC. 2714. RECEIPT AND RESPONSE TO REQUESTS FOR CLAIM INFORMATION.

TITLE VIII--QUALITY

SEC. 801. PROHIBITION ON CERTAIN USES OF DATA OBTAINED FROM COMPARATIVE EFFECTIVENESS RESEARCH; ACCOUNTING FOR PERSONALIZED MEDICINE AND DIFFERENCES IN PATIENT TREATMENT RESPONSE.

SEC. 802. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

TITLE IX--STATE TRANSPARENCY PLAN PORTAL

SEC. 901. PROVIDING INFORMATION ON HEALTH COVERAGE OPTIONS AND HEALTH CARE PROVIDERS.

TITLE X--PHYSICIAN PAYMENT REFORM

SEC. 1001. SUSTAINABLE GROWTH RATE REFORM.

TITLE XI--INCENTIVES TO REDUCE PHYSICIAN SHORTAGES

Subtitle A--Federally Supported Student Loan Funds for Medical Students

SEC. 1101. FEDERALLY SUPPORTED STUDENT LOAN FUNDS FOR MEDICAL STUDENTS.

`Subpart III--Federally Supported Student Loan Funds for Certain Medical Students

`SEC. 730. SCHOOL LOAN FUNDS FOR CERTAIN MEDICAL STUDENTS.

Subtitle B--Loan Forgiveness for Primary Care Providers

SEC. 1111. LOAN FORGIVENESS FOR PRIMARY CARE PROVIDERS.

TITLE XII--OFFSETS

Subtitle A--Enforcing Discretionary Spending Limits

SEC. 1201. ENFORCING DISCRETIONARY SPENDING LIMITS.

Subtitle B--Repeal of Unused Stimulus Funds

SEC. 1211. RESCISSION AND REPEAL IN ARRA.

Subtitle C--Savings From Health Care Efficiencies

SEC. 1221. MEDICARE DSH REPORT AND PAYMENT ADJUSTMENTS IN RESPONSE TO COVERAGE EXPANSION.

SEC. 1222. REDUCTION IN MEDICAID DSH.

Subtitle D--Fraud, Waste, and Abuse

SEC. 1231. PROVIDE ADEQUATE FUNDING TO HHS OIG AND HCFAC.

SEC. 1232. IMPROVED ENFORCEMENT OF THE MEDICARE SECONDARY PAYOR PROVISIONS.

SEC. 1233. STRENGTHEN MEDICARE PROVIDER ENROLLMENT STANDARDS AND SAFEGUARDS.

SEC. 1234. TRACKING BANNED PROVIDERS ACROSS STATE LINES.

SEC. 1235. REINSTATE THE MEDICARE TRIGGER.

END