[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 767 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 767

   To permit individuals to choose to opt out of the requirement to 
     maintain health insurance minimum essential coverage if such 
  individuals also opt out of specified insurance reform protections.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2011

 Mr. DeFazio introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
   Ways and Means and the Judiciary, 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 permit individuals to choose to opt out of the requirement to 
     maintain health insurance minimum essential coverage if such 
  individuals also opt out of specified insurance reform protections.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Personal Responsibility in Health 
Care Insurance Act''.

SEC. 2. OPT OUT OF REQUIREMENT FOR INDIVIDUALS TO MAINTAIN HEALTH 
              INSURANCE MINIMUM ESSENTIAL COVERAGE AND CERTAIN HEALTH 
              INSURANCE PROTECTIONS.

    (a) Ability To Opt Out of Minimum Essential Coverage Requirement.--
            (1) IRC.--Section 5000A(d) of the Internal Revenue Code of 
        1986 is amended--
                    (A) by striking ``or (4)'' and inserting ``(4), or 
                (5)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Individuals who have chosen to opt out.--Such term 
        shall not include any individual, or a dependent of such 
        individual, for any month during a taxable year if such 
        individual, or dependent, has in effect an exemption under 
        section 1311(d)(4)(H) of the Patient Protection and Affordable 
        Care Act which certifies that there is in effect for such 
        month, with respect to such individual, or such dependent, an 
        affidavit of personal responsibility described in section 
        1411(j) of such Act.''.
            (2) PPACA.--Section 1411 of the Patient Protection and 
        Affordable Care Act is amended by adding at the end the 
        following new subsection:
    ``(j) Exclusion Based on Opt Out Selection.--
            ``(1) In general.--For purposes of section 5000A(d)(5) of 
        the Internal Revenue Code of 1986, section 1311, and this 
        section, an affidavit of personal responsibility described in 
        this subsection, with respect to an individual or any dependent 
        of such individual, is a statement, that indicates each of the 
        following:
                    ``(A) Such individual chooses for such individual 
                or such dependent, respectively, to opt out of the 
                application of subsections (a) and (b)(1) of section 
                5000A of the Internal Revenue Code of 1986 for the 
                period described in paragraph (2).
                    ``(B) Such individual acknowledges that such choice 
                results in such individual or dependent, respectively, 
                waiving each of the following during such period:
                            ``(i) Eligibility to enroll in a qualified 
                        health plan through an Exchange established 
                        pursuant to section 1311.
                            ``(ii) The application of section 2704 of 
                        the Public Health Service Act (relating to 
                        prohibition of preexisting condition exclusions 
                        or other discrimination based on health 
                        status), including as applied under section 
                        1255(2) of the Patient Protection and 
                        Affordable Care Act (relating to individuals 
                        who are under 19 years of age).
                    ``(C) Such individual acknowledges that any health 
                care related debts assumed by the individual or 
                dependent, respectively, while the individual or 
                dependent, respectively, has in effect such affidavit, 
                will not be discharged under chapter 7 of title 11 of 
                the United States Code.
            ``(2) Opt out selection period.--
                    ``(A) In general.--An affidavit of personal 
                responsibility described in paragraph (1), with respect 
                to an individual or, if applicable, a dependent of such 
                individual, shall be in effect for each month during 
                the 3-year period beginning with the first month after 
                the applicable certification under section 
                1311(d)(4)(H) has been made.
                    ``(B) Renewability.--An individual may file an 
                affidavit of personal responsibility, with respect to 
                the individual or any dependent of the individual, 
                under this subsection, and be certified under section 
                1311(d)(4)(H) with respect to such affidavit, for more 
                than one period described in subparagraph (A).
            ``(3) Eligibility.--
                    ``(A) In general.--An individual may file an 
                affidavit of personal responsibility under this 
                section, with respect to such individual, only if, as 
                of the date of submission of such affidavit, the 
                individual--
                            ``(i) is not eligible for any exemption 
                        described in such subsection other than by 
                        application of this subsection; and
                            ``(ii) is not enrolled in any program 
                        described in section 5000A(f) of the Internal 
                        Revenue Code of 1986.
                    ``(B) Treatment of dependents.--An individual may 
                specify a dependent of such individual within the 
                affidavit of personal responsibility of such individual 
                (or may file a separate affidavit of personal 
                responsibility on behalf of such a dependent) for 
                purposes of this subsection, but only if such dependent 
                meets the criteria specified in clauses (i) and (ii) of 
                subparagraph (A).''.
            (3) Conforming amendments.--
                    (A) Section 1311(d)(4) of the Patient Protection 
                and Affordable Care Act is amended--
                            (i) in subparagraph (H)(ii), by inserting 
                        before the period at the end the following: ``, 
                        including with respect to an affidavit of 
                        personal responsibility described in section 
                        1411(j)'';
                            (ii) in subparagraph (J), by striking at 
                        the end ``and'';
                            (iii) in subparagraph (K), by striking the 
                        period and inserting ``; and''; and
                            (iv) by adding at the end the following new 
                        subparagraph:
                    ``(L) in the case of an individual (or dependent of 
                an individual) with respect to whom there is filed an 
                affidavit of personal responsibility described in 
                section 1411(j) and who is eligible for any program 
                described in section 5000A(f)(1)(A) of the Internal 
                Revenue Code of 1986, provide notification to such 
                individual of such eligibility, including information 
                necessary for the individual (or dependent) to enroll 
                in such program.''.
                    (B) Section 1411(b)(5) of such Act is amended by 
                adding at the end the following new subparagraph:
                    ``(C) In the case of an individual (or dependent of 
                such individual) seeking exemption based on the 
                individual (or dependent) having in effect an affidavit 
                of personal responsibility described in subsection (j), 
                such information as the Secretary, in consultation with 
                the Secretary of the Treasury, shall prescribe, which 
                shall include sufficient information to verify the 
                individual (or dependent) meets the criteria specified 
                in clauses (i) and (ii) of subsection (j)(3)(A).''.
    (b) Individuals Opting Out of Minimum Essential Coverage 
Requirement Excluded From Certain Health-Related Programs.--
            (1) Eligibility to participate in exchanges.--Section 
        1312(f)(1)(A) of the Patient Protection and Affordable Care Act 
        is amended--
                    (A) in clause (i), by striking at the end ``and'';
                    (B) in clause (ii), by striking at the end the 
                period and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) is not an individual (or dependent 
                        of such individual) who has in effect an 
                        exemption under section 1311(d)(4)(H) which 
                        certifies that there is in effect, with respect 
                        to such individual (or dependent), an affidavit 
                        of personal responsibility described in section 
                        1411(j).''.
            (2) Preexisting condition exclusion.--Section 2704 of the 
        Public Health Service Act, as inserted by section 1201 of the 
        Patient Protection and Affordable Care Act, is amended by 
        inserting before the period at the end the following: ``, 
        except that this section shall not apply to an individual (or 
        dependent of such individual) with respect to whom there is in 
        effect an exemption under section 1311(d)(4)(H) of the Patient 
        Protection and Affordable Care Act which certifies that there 
        is in effect, with respect to such individual (or dependent), 
        an affidavit of personal responsibility described in section 
        1411(j) of such Act''.
            (3) Health related debts nondischargeable under chapter 7 
        in cases of individuals who opt out of minimum essential 
        coverage requirement.--Notwithstanding any provision of title 
        11 of the United States Code, a discharge in a case under 
        chapter 7 of such title does not discharge an individual (or 
        dependent of such individual) from a health care related debt 
        if such debt was assumed while such individual (or dependent) 
        has in effect an exemption under section 1311(d)(4)(H) of the 
        Patient Protection and Affordable Care Act which certifies that 
        there is in effect, with respect to such individual (or 
        dependent), an affidavit of personal responsibility described 
        in section 1411(j) of such Act.
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