I 111th CONGRESS 2d Session H. R. 5126 IN THE HOUSE OF REPRESENTATIVES April 22, 2010 Mr. Fleming introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 provisions of the Patient Protection and Affordable Care Act relating to health savings accounts, and for other purposes.

1.

Short title

This Act may be cited as the Helping Save Americans’ Health Care Choices Act of 2010.

2.

Repeal of additional tax from distributions from HSAs and MSAs

Section 9004 of the Patient Protection and Affordable Care Act is hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such section are amended to read as such provisions would read if such section had never been enacted.

3.

Repeal of limitation on deductions making non-prescription drugs non-qualifying distributions from tax-preferred accounts

Section 9003 of the Patient Protection and Affordable Care Act is hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such section are amended to read as such provisions would read if such section had never been enacted.

4.

Treatment of high deductible health plans as qualified health plan under the Patient Protection and Affordable Care Act

Subparagraph (B) of section 1301(a)(1) of the Patient Protection and Affordable Care Act is amended by inserting or meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 after section 1302(a).

5.

Repeal of limitation on health flexible spending arrangements under cafeteria plans

Sections 9005 and 10902 of the Patient Protection and Affordable Care Act are hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such sections are amended to read as such provisions would read if such sections had never been enacted.