HR 364

112th CONGRESS
1st Session

H. R. 364

To repeal the Patient Protection and Affordable Care Act and to take meaningful steps to lower health care costs and increase access to health insurance coverage without raising taxes, cutting Medicare benefits for seniors, adding to the national deficit, intervening in the doctor-patient relationship, or instituting a government takeover of health care.

IN THE HOUSE OF REPRESENTATIVES

January 20, 2011

Mr. LATHAM introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, Ways and Means, the Judiciary, House Administration, Natural Resources, Rules, and Appropriations, 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 to take meaningful steps to lower health care costs and increase access to health insurance coverage without raising taxes, cutting Medicare benefits for seniors, adding to the national deficit, intervening in the doctor-patient relationship, or instituting a government takeover of health care.

SECTION 1. SHORT TITLE; PURPOSE; TABLE OF CONTENTS.

DIVISION A--ENSURING COVERAGE FOR INDIVIDUALS WITH PREEXISTING CONDITIONS AND MULTIPLE HEALTH CARE NEEDS

DIVISION B--REDUCING HEALTH CARE PREMIUMS AND THE NUMBER OF UNINSURED AMERICANS

TITLE I--EXPANDING ACCESS AND LOWERING COSTS FOR SMALL BUSINESSES

Subtitle A--Enhanced Marketplace Pools

Subtitle B--Market Relief

TITLE II--TARGETED EFFORTS TO EXPAND ACCESS

TITLE III--EXPANDING CHOICES BY ALLOWING AMERICANS TO BUY HEALTH CARE COVERAGE ACROSS STATE LINES

TITLE IV--IMPROVING HEALTH SAVINGS ACCOUNTS

TITLE V--TAX-RELATED HEALTH INCENTIVES

DIVISION C--ENACTING REAL MEDICAL LIABILITY REFORM

DIVISION D--PROTECTING THE DOCTOR-PATIENT RELATIONSHIP

DIVISION E--INCENTIVIZING WELLNESS AND QUALITY IMPROVEMENTS

DIVISION F--PROTECTING TAXPAYERS

SEC. 2. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.

DIVISION A--ENSURING COVERAGE FOR INDIVIDUALS WITH PREEXISTING CONDITIONS AND MULTIPLE HEALTH CARE NEEDS

SEC. 101. ESTABLISH UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK POOLS AND REINSURANCE MARKETS.

SEC. 102. NO ANNUAL OR LIFETIME SPENDING CAPS.

SEC. 103. PREVENTING UNJUST CANCELLATION OF INSURANCE COVERAGE.

`SEC. 2746. OPPORTUNITY FOR INDEPENDENT, EXTERNAL THIRD PARTY REVIEW IN CERTAIN CASES.

DIVISION B--REDUCING HEALTH CARE PREMIUMS AND THE NUMBER OF UNINSURED AMERICANS

TITLE I--EXPANDING ACCESS AND LOWERING COSTS FOR SMALL BUSINESSES

Subtitle A--Enhanced Marketplace Pools

SEC. 201. RULES GOVERNING ENHANCED MARKETPLACE POOLS.

`PART 8--RULES GOVERNING ENHANCED MARKETPLACE POOLS

`SEC. 801. SMALL BUSINESS HEALTH PLANS.

`SEC. 802. ALTERNATIVE MARKET POOLING ORGANIZATIONS.

`SEC. 803. CERTIFICATION OF SMALL BUSINESS HEALTH PLANS.

`SEC. 804. REQUIREMENTS RELATING TO SPONSORS AND BOARDS OF TRUSTEES.

`SEC. 805. PARTICIPATION AND COVERAGE REQUIREMENTS.

`SEC. 806. OTHER REQUIREMENTS RELATING TO PLAN DOCUMENTS, CONTRIBUTION RATES, AND BENEFIT OPTIONS.

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

`SEC. 808. NOTICE REQUIREMENTS FOR VOLUNTARY TERMINATION.

`SEC. 809. IMPLEMENTATION AND APPLICATION AUTHORITY BY SECRETARY.

`SEC. 810. DEFINITIONS AND RULES OF CONSTRUCTION.

`Part 8--Rules Governing Small Business Health Plans

SEC. 202. COOPERATION BETWEEN FEDERAL AND STATE AUTHORITIES.

SEC. 203. EFFECTIVE DATE AND TRANSITIONAL AND OTHER RULES.

Subtitle B--Market Relief

SEC. 204. MARKET RELIEF.

`TITLE XXXI--HEALTH CARE INSURANCE MARKETPLACE MODERNIZATION

`SEC. 3101. GENERAL INSURANCE DEFINITIONS.

`SEC. 3102. IMPLEMENTATION AND APPLICATION AUTHORITY BY SECRETARY.

`Subtitle A--Market Relief

`PART I--RATING REQUIREMENTS

`SEC. 3111. DEFINITIONS.

`SEC. 3112. RATING RULES.

`SEC. 3113. APPLICATION AND PREEMPTION.

`SEC. 3114. CIVIL ACTIONS AND JURISDICTION.

`SEC. 3115. ONGOING REVIEW.

`PART II--AFFORDABLE PLANS

`SEC. 3121. DEFINITIONS.

`SEC. 3122. OFFERING AFFORDABLE PLANS.

`SEC. 3123. APPLICATION AND PREEMPTION.

`SEC. 3124. CIVIL ACTIONS AND JURISDICTION.

`SEC. 3125. RULES OF CONSTRUCTION.

TITLE II--TARGETED EFFORTS TO EXPAND ACCESS

SEC. 211. EXTENDING COVERAGE OF DEPENDENTS.

`SEC. 715. EXTENDING COVERAGE OF DEPENDENTS.

`SEC. 2708. EXTENDING COVERAGE OF DEPENDENTS.

`SEC. 9814. EXTENDING COVERAGE OF DEPENDENTS.

SEC. 212. PROHIBITING PREEXISTING CONDITION EXCLUSIONS FOR ENROLLEES UNDER AGE 19.

SEC. 213. HEALTH PLAN FINDERS.

TITLE III--EXPANDING CHOICES BY ALLOWING AMERICANS TO BUY HEALTH CARE COVERAGE ACROSS STATE LINES

SEC. 221. INTERSTATE PURCHASING OF HEALTH INSURANCE.

`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. INDEPENDENT EXTERNAL APPEALS PROCEDURES.

`SEC. 2799. ENFORCEMENT.

TITLE IV--IMPROVING HEALTH SAVINGS ACCOUNTS

SEC. 231. HSA FUNDS FOR PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.

SEC. 232. REQUIRING GREATER COORDINATION BETWEEN HDHP ADMINISTRATORS AND HSA ACCOUNT ADMINISTRATORS SO THAT ENROLLEES CAN ENROLL IN BOTH AT THE SAME TIME.

SEC. 233. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT.

TITLE V--TAX-RELATED HEALTH INCENTIVES

SEC. 241. SECA TAX DEDUCTION FOR HEALTH INSURANCE COSTS.

SEC. 242. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF INDIVIDUALS.

`SEC. 224. COSTS OF QUALIFIED HEALTH INSURANCE.

DIVISION C--ENACTING REAL MEDICAL LIABILITY REFORM

SEC. 301. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE PRACTITIONERS.

SEC. 302. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE INSTITUTIONS.

SEC. 303. CAP, IN WRONGFUL DEATH CASES, ON TOTAL DAMAGES AGAINST ANY SINGLE HEALTH CARE PRACTITIONER.

SEC. 304. LIMITATION OF INSURER LIABILITY WHEN INSURER REJECTS CERTAIN SETTLEMENT OFFERS.

SEC. 305. MANDATORY JURY INSTRUCTION ON CAP ON DAMAGES.

SEC. 306. DETERMINATION OF NEGLIGENCE; MANDATORY JURY INSTRUCTION.

SEC. 307. EXPERT REPORTS REQUIRED TO BE SERVED IN CIVIL ACTIONS.

SEC. 308. EXPERT OPINIONS RELATING TO PHYSICIANS MAY BE PROVIDED ONLY BY ACTIVELY PRACTICING PHYSICIANS.

SEC. 309. PAYMENT OF FUTURE DAMAGES ON PERIODIC OR ACCRUAL BASIS.

SEC. 310. UNANIMOUS JURY REQUIRED FOR PUNITIVE OR EXEMPLARY DAMAGES.

SEC. 311. PROPORTIONATE LIABILITY.

SEC. 312. DEFENSE-INITIATED SETTLEMENT PROCESS.

SEC. 313. STATUTE OF LIMITATIONS; STATUTE OF REPOSE.

SEC. 314. LIMITATION ON LIABILITY FOR GOOD SAMARITANS PROVIDING EMERGENCY HEALTH CARE.

SEC. 315. DEFINITIONS.

DIVISION D--PROTECTING THE DOCTOR-PATIENT RELATIONSHIP

SEC. 401. RULE OF CONSTRUCTION.

SEC. 402. REPEAL OF FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS RESEARCH.

DIVISION E--INCENTIVIZING WELLNESS AND QUALITY IMPROVEMENTS

SEC. 501. INCENTIVES FOR PREVENTION AND WELLNESS PROGRAMS.

DIVISION F--PROTECTING TAXPAYERS

SEC. 601. PERMANENTLY PROHIBITING TAXPAYER FUNDED ABORTIONS AND ENSURING CONSCIENCE PROTECTIONS.

`CHAPTER 4--PERMANENTLY PROHIBITING TAXPAYER FUNDED ABORTIONS AND ENSURING CONSCIENCE PROTECTIONS

`SEC. 301. PROHIBITION ON FUNDING FOR ABORTIONS.

`SEC. 302. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER ABORTION.

`SEC. 303. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING THE LIFE OF THE MOTHER.

`SEC. 304. CONSTRUCTION RELATING TO SUPPLEMENTAL COVERAGE.

`SEC. 305. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR HEALTH COVERAGE.

`SEC. 306. NO GOVERNMENT DISCRIMINATION AGAINST CERTAIN HEALTH CARE ENTITIES.

SEC. 602. IMPROVED ENFORCEMENT OF THE MEDICARE AND MEDICAID SECONDARY PAYER PROVISIONS.

SEC. 603. STRENGTHEN MEDICARE PROVIDER ENROLLMENT STANDARDS AND SAFEGUARDS.

SEC. 604. TRACKING BANNED PROVIDERS ACROSS STATE LINES.

END