I 112th CONGRESS 1st Session H. R. 450 IN THE HOUSE OF REPRESENTATIVES January 26, 2011 Mr. Reichert (for himself and Mrs. Myrick) 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 limitations imposed by the Patient Protection and Affordable Care Act on health-related tax benefits under the Internal Revenue Code of 1986 and to treat high deductible health plans as qualified health plans under such Act.

1.

Short title

This Act may be cited as the Restoring Assistance for Families’ and Seniors’ Health Expenses Act of 2011.

2.

Repeal of PPACA limitation on itemized deduction for medical expenses

Section 9013 of the Patient Protection and Affordable Care Act, and the amendments made by such section, are hereby repealed. The Internal Revenue Code of 1986 shall be applied and administered as if such section and amendments had never been enacted.

3.

Repeal of PPACA limitations on certain medical and health-related accounts

(a)

Repeal of limitation on distributions from certain medical and health-Related accounts for medicine other than prescribed drugs or insulin

Section 9003 of the Patient Protection and Affordable Care Act, and the amendments made by such section, are hereby repealed. The Internal Revenue Code of 1986 shall be applied and administered as if such section and amendments had never been enacted. (b)

Repeal of increase in additional tax on distributions from HSAs and Archer MSAs not used for qualified medical expenses

Section 9004 of the Patient Protection and Affordable Care Act, and the amendments made by such section, are hereby repealed. The Internal Revenue Code of 1986 shall be applied and administered as if such section and amendments had never been enacted. (c)

Repeal of limitation on health flexible spending arrangements under cafeteria plans

Sections 9005 and 10902 of the Patient Protection and Affordable Care Act, and section 1403 of the Health Care and Education Reconciliation Act of 2010, and the amendments made by such sections, are hereby repealed. The Internal Revenue Code of 1986 shall be applied and administered as if such sections and amendments had never been enacted. (d)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act.

4.

Treatment of high deductible health plan as qualified health plan under PPACA

(a)

In general

Subsection (a) of section 1301 of the Patient Protection and Affordable Care Act is amended by adding at the end the following new paragraph: (5)

Inclusion of HSA high deductible health plans

Any reference in this title to a qualified health plan shall be deemed to include a high deductible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986). . (b)

Effective date

The amendment made by subsection (a) shall take effect as if included in the provisions of section 1301 of the Patient Protection and Affordable Care Act.