HR 397

112th CONGRESS
1st Session

H. R. 397

To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 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 24, 2011

Mr. HERGER (for himself, Mr. SAM JOHNSON of Texas, Mr. TIBERI, Mr. REICHERT, Mr. GERLACH, Mr. BACHUS, Mrs. BLACKBURN, Mr. DENT, Mr. HARPER, Mr. MCCAUL, Mrs. MCMORRIS RODGERS, Mr. GARY G. MILLER of California, and 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, Education and the Workforce, the Judiciary, House Administration, Natural Resources, Appropriations, and Rules, 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 the Health Care and Education Reconciliation Act of 2010 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--MAKING HEALTH CARE COVERAGE AFFORDABLE FOR EVERY AMERICAN

TITLE I--ENSURING COVERAGE FOR INDIVIDUALS WITH PREEXISTING CONDITIONS AND MULTIPLE HEALTH CARE NEEDS

TITLE II--REDUCING HEALTH CARE PREMIUMS AND THE NUMBER OF UNINSURED AMERICANS

DIVISION B--IMPROVING ACCESS TO HEALTH CARE

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

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

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

DIVISION G--PATHWAY FOR BIOSIMILAR BIOLOGICAL PRODUCTS

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

DIVISION A--MAKING HEALTH CARE COVERAGE AFFORDABLE FOR EVERY AMERICAN

TITLE I--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. ELIMINATION OF CERTAIN REQUIREMENTS FOR GUARANTEED AVAILABILITY IN INDIVIDUAL MARKET.

SEC. 103. NO ANNUAL OR LIFETIME SPENDING CAPS.

SEC. 104. PREVENTING UNJUST CANCELLATION OF INSURANCE COVERAGE.

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

TITLE II--REDUCING HEALTH CARE PREMIUMS AND THE NUMBER OF UNINSURED AMERICANS

SEC. 111. STATE INNOVATION PROGRAMS.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The bonus premium percentage for a State is-- For year 3 if the premium performance level of the State is-- For year 6 if the premium performance level of the State is-- For year 9 if the premium performance level of the State is-- 
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  100 percent                                                 at least 8.5%                                                  at least 11%                                                at least 13.5% 
                                   50 percent                            at least 6.38%, but less than 8.5%                            at least 10.38%, but less than 11%                          at least 12.88%, but less than 13.5% 
                                   25 percent                           at least 4.25%, but less than 6.38%                          at least 9.75%, but less than 10.38%                         at least 12.25%, but less than 12.88% 
                                    0 percent                                               less than 4.25%                                               less than 9.75%                                             less than 12.25%. 
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The bonus uninsured percentage for a State is-- For year 5 if the uninsured performance level of the State is-- For year 7 if the uninsured performance level of the State is-- For year 9 if the uninsured  performance level of the State is-- 
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    100 percent                                                    at least 10%                                                    at least 15%                                                     at least 20% 
                                     50 percent                                at least 7.5%, but less than 10%                              at least 13.75%, but less than 15%                               at least 18.75%, but less than 20% 
                                     25 percent                                 at least 5%, but less than 7.5%                            at least 12.5%, but less than 13.75%                             at least 17.5%, but less than 18.75% 
                                      0 percent                                                    less than 5%                                                 less than 12.5%                                                 less than 17.5%. 
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

SEC. 112. HEALTH PLAN FINDERS.

SEC. 113. ADMINISTRATIVE SIMPLIFICATION.

DIVISION B--IMPROVING ACCESS TO HEALTH CARE

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

SEC. 201. 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. 202. CLARIFICATION OF TREATMENT OF SINGLE EMPLOYER ARRANGEMENTS.

SEC. 203. ENFORCEMENT PROVISIONS RELATING TO ASSOCIATION HEALTH PLANS.

SEC. 204. COOPERATION BETWEEN FEDERAL AND STATE AUTHORITIES.

SEC. 205. EFFECTIVE DATE AND TRANSITIONAL AND OTHER RULES.

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. ALLOWING AUTO-ENROLLMENT FOR EMPLOYER SPONSORED COVERAGE.

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. SAVER'S CREDIT FOR CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.

SEC. 232. HSA FUNDS FOR PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.

SEC. 233. REQUIRING GREATER COORDINATION BETWEEN HDHP ADMINISTRATORS AND HSA ACCOUNT ADMINISTRATORS SO THAT ENROLLEES CAN ENROLL IN BOTH AT THE SAME TIME.

SEC. 234. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT.

DIVISION C--ENACTING REAL MEDICAL LIABILITY REFORM

SEC. 301. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

SEC. 302. COMPENSATING PATIENT INJURY.

SEC. 303. MAXIMIZING PATIENT RECOVERY.

SEC. 304. ADDITIONAL HEALTH BENEFITS.

SEC. 305. PUNITIVE DAMAGES.

SEC. 306. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN HEALTH CARE LAWSUITS.

SEC. 307. DEFINITIONS.

SEC. 308. EFFECT ON OTHER LAWS.

SEC. 309. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

SEC. 310. APPLICABILITY; EFFECTIVE DATE.

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. PROVIDE FULL FUNDING TO HHS OIG AND HCFAC.

SEC. 602. PROHIBITING TAXPAYER FUNDED ABORTIONS AND CONSCIENCE PROTECTIONS.

`CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND 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. 603. IMPROVED ENFORCEMENT OF THE MEDICARE AND MEDICAID SECONDARY PAYER PROVISIONS.

SEC. 604. STRENGTHEN MEDICARE PROVIDER ENROLLMENT STANDARDS AND SAFEGUARDS.

SEC. 605. TRACKING BANNED PROVIDERS ACROSS STATE LINES.

DIVISION G--PATHWAY FOR BIOSIMILAR BIOLOGICAL PRODUCTS

SEC. 701. LICENSURE PATHWAY FOR BIOSIMILAR BIOLOGICAL PRODUCTS.

`(aa) analytical studies that demonstrate that the biological product is highly similar to the reference product notwithstanding minor differences in clinically inactive components;

`(bb) animal studies (including the assessment of toxicity); and

`(cc) a clinical study or studies (including the assessment of immunogenicity and pharmacokinetics or pharmacodynamics) that are sufficient to demonstrate safety, purity, and potency in 1 or more appropriate conditions of use for which the reference product is licensed and intended to be used and for which licensure is sought for the biological product;

SEC. 702. FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS.

SEC. 703. AMENDMENTS TO CERTAIN PATENT PROVISIONS.

END