I 111th CONGRESS 1st Session H. R. 3438 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Mr. Issa introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, 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 amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.

1.

Short title

This Act may be cited as the Access to Insurance for all Americans Act.

2.

Extension of Federal employee health insurance

(a)

In general

Subpart G of part III of title 5, United States Code, is amended— (1)by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; and (2)by inserting after chapter 89 the following: 89A

Health insurance for non-Federal employees

8921.

Definitions

In this chapter— (1)the terms defined under section 8901 shall have the meanings given such terms under that section; and (2)the term Office means the Office of Personnel Management.

8922.

Health insurance for non-Federal employees

(a)The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter. (b)Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter.

8923.

Contract requirement

(a)For each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. (b)In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902.

8924.

Eligibility of non-Federal employees

(a)Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section. (b)An individual may not enroll in a health benefits plan under this chapter if the individual— (1)is enrolled or eligible to enroll for coverage under a public health insurance program, including— (A)title XVIII of the Social Security Act; (B)a State plan under title XIX of the Social Security Act; (C)a State plan under title XX of the Social Security Act; or (D)any other program determined by the Office; (2)is enrolled or eligible to enroll in a plan under chapter 89; or (3)is a member of the uniformed services as defined under section 101(a)(5) of title 10.

8925.

Alternative conditions to Federal employee health benefits plans

(a)Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. (b)No Government contribution shall be made for any individual under this chapter. (c)In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.

. (b)

Technical and conforming amendments

(1)

Contract requirement under chapter 89

Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: (p)Any contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A. . (2)

Table of chapters

The table of chapters for part III of title 5, United States Code, is amended— (A)by redesignating the items relating to chapters 89A and 89B as chapters 89B and 89C, respectively; and (B)by inserting after the item relating to chapter 89 the following: 89A.Health Insurance for Non-Federal Employees8921 .

3.

Deduction for premiums paid by FEHBP non-employee enrollees

(a)

In general

Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:

224.

Premiums paid for FEHBP coverage

(a)

In general

In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid as premiums during the taxable year for coverage for the taxpayer, his spouse, and dependents under health insurance provided pursuant to chapter 89A of title 5, United States Code. (b)

Special rules

(1)

Coordination with medical deduction, etc

Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section. (2)

Deduction not allowed for self-employment tax purposes

The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.

. (b)

Deduction allowed in computing adjusted gross income

Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22)

Premiums paid for FEHBP coverage

The deduction allowed by section 224. . (c)

Clerical amendment

The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: Sec. 224. Premiums paid for FEHBP coverage. . (d)

Effective date

The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

4.

Plan for extension of Federal employee health benefits program

Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that— (1)provides for the orderly implementation of the amendments made by this Act; and (2)includes a schedule of actions to be taken to provide for that implementation.