S 1049
112th CONGRESS
1st Session
S. 1049
To lower health premiums and increase choice for small businesses.
IN THE SENATE OF THE UNITED STATES
May 23, 2011
Mr. KYL (for himself, Mr. BARRASSO, Mr. BURR, Mr. COBURN, and Mr. ROBERTS)
introduced the following bill; which was read twice and referred to
the Committee on Finance
A BILL
To lower health premiums and increase choice for small businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Small Business Health
Relief Act of 2011'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES
Sec. 101. Protecting American jobs and wages.
Sec. 102. Increasing flexibility for small businesses.
Sec. 103. Increasing choices for Americans.
Sec. 104. Protecting patients from higher premiums.
Sec. 105. Ensuring affordable coverage.
TITLE II--INCREASING CONSUMER CONTROL
Sec. 201. Repeal of the restriction on over-the-counter medicines.
Sec. 202. Repeal of the annual cap.
TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE
Sec. 301. Allowing individuals to keep the coverage they have if they
like it.
TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES
SEC. 101. PROTECTING AMERICAN JOBS AND WAGES.
Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (Public Law
111-148) and the amendments made by such sections and subsections are
repealed and the Internal Revenue Code of 1986 shall be applied and
administered as if such provisions and amendments had never been enacted.
SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.
Section 1302(c)(2) of the Patient Protection and Affordable Care Act
(Public Law 111-148) is repealed.
SEC. 103. INCREASING CHOICES FOR AMERICANS.
(a) Qualified Health Plan Coverage Satisfied by High Deductible Health
Plan With Health Savings Account- Section 1302(e) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18022(e)) is amended to read as follows:
`(e) High Deductible Health Plan With Health Savings Account- A health
plan not providing a bronze, silver, gold, or platinum level of coverage
shall be treated as meeting the requirements of subsection (d) with
respect to any plan year for any enrollee if the plan meets the requirements
for a high deductible health plan under section 223(c)(2) of the Internal
Revenue Code of 1986 and such enrollee has established a health savings
account (as defined in section 223(d)(1) of such Code) in relation to
such plan.'.
(b) Conforming Amendments-
(1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking
`, except' and all that follows through `1302(e)(2)'.
(2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue
Code of 1986, as added by section 1401(a) of the Patient Protection
and Affordable Care Act (Public Law 111-148) is amended by striking
`, except' and all that follows through `such Act'.
(3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking
`and catastrophic coverage'.
SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.
Section 9010 of the Patient Protection and Affordable Care Act (Public
Law 111-148), as amended by section 10905 of such Act, is repealed.
SEC. 105. ENSURING AFFORDABLE COVERAGE.
Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C.
300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection
and Affordable Care Act (Public Law 111-148), is amended by striking
`, except' and all that follows through `2707(c))'.
TITLE II--INCREASING CONSUMER CONTROL
SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES.
Section 9003 of the Patient Protection and Affordable Care Act (Public
Law 111-148) and the amendments made by such section are repealed; and
the Internal Revenue Code of 1986 shall be applied as if such section,
and amendments, had never been enacted.
SEC. 202. REPEAL OF THE ANNUAL CAP.
Sections 9005 and 10902 of the Patient Protection and Affordable Care
Act (Public Law 111-148) and section 1403 of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152) and the amendments made
by such sections are repealed.
TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE
SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY
LIKE IT.
(a) In General- Section 1251(a)(2) of the Patient Protection and Affordable
Care Act (42 U.S.C. 18011) is amended--
(1) by striking `Except as provided in paragraph (3),' and inserting
the following:
`(A) IN GENERAL- Except as provided in paragraphs (3) and (4),';
and
(2) by adding at the end the following:
`(B) PROTECTING EMPLOYERS AND CONSUMERS WITH GRANDFATHERED COVERAGE-
`(i) IN GENERAL- A group health plan or health insurance coverage
in which an individual is enrolled on or after March 23, 2010,
but before any plan year beginning not later than 1 year after
the date of the enactment of this subparagraph, and which is deemed
to be a grandfathered health plan under this section, shall continue
to be considered a grandfathered health plan with respect to such
individual regardless of any modification to the cost-sharing
levels, employer contribution rates, or covered benefits under
such plan or coverage as otherwise permitted under this Act (and
the amendments made by this Act).
`(ii) REGULATIONS- The Secretary shall promulgate regulations
to clarify the application of clause (i) to a plan or coverage
that continues to be a grandfathered health plan pursuant to such
clause.'.
(b) Effective Date; Previously Promulgated Regulations Voided-
(1) EFFECTIVE DATE- The amendments made by this section shall take
effect as if included in the enactment of the Patient Protection and
Affordable Care Act.
(2) PREVIOUSLY PROMULGATED REGULATIONS VOIDED- Any regulations relating
to section 1251(a)(2) of such Act promulgated before the date of the
enactment of this Act shall have no force or effect.
END
