[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3851 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3851

    To repeal sections 1341 and 1342 of the Patient Protection and 
              Affordable Care Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2014

  Mr. Lance introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To repeal sections 1341 and 1342 of the Patient Protection and 
              Affordable Care Act, and for other purposes.

    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 ``No Bailouts for Insurance Industry 
Act of 2014''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) According to the most recent United States Census, 
        employer-based health insurance is the largest source of health 
        insurance coverage in the United States. Of those employed, 70 
        percent receive employment-based health insurance. Of 
        unemployed Americans, 30 percent receive employer-sponsored 
        health insurance.
            (2) Despite the large percentages of coverage, as health 
        care costs climb, the percentage of Americans who receive 
        health insurance through employers has fallen significantly 
        over the last decade--from 70 percent nationwide in 2000 to 60 
        percent in 2011, according to a report by the Robert Wood 
        Johnson Foundation.
            (3) According to recent surveys done by the National 
        Business Group on Health and the Kaiser Family Foundation, most 
        companies continue to provide health insurance for employees 
        and wish to continue doing so into the future.
            (4) Employers that offer insurance will not contribute 
        additional risk to the Health Insurance Exchanges established 
        in the Patient Protection and Affordable Care Act (in this Act 
        referred to as ``PPACA'').
            (5) The transitional reinsurance program, established in 
        section 1341 of PPACA, is intended to stabilize risk in the 
        individual health insurance market during the first three years 
        of the Health Insurance Exchanges, as established by that Act.
            (6) PPACA also requires that the Treasury collect a fee for 
        each employer-sponsored covered life in order to pay for the 
        transitional reinsurance program.
            (7) This fee is a disincentive for employers to continue 
        offering coverage to all employees, and does not give employers 
        any benefits of the transitional reinsurance program.
    (b) Purpose.--It is the purpose of this Act to remove the current 
funding mechanism for the transitional reinsurance program in order 
that employer-sponsored insurance is supported so that Americans can 
sustain quality health coverage.

SEC. 3. REPEAL OF SECTIONS 1341 AND 1342 OF PPACA.

    (a) Repeal of Section 1341.--
            (1) In general.--Section 1341 of PPACA (42 U.S.C. 18061) is 
        repealed.
            (2) Effective date.--The repeal of such section shall apply 
        to plan years beginning after the date of the enactment of this 
        Act.
            (3) Application.--In applying such section before the 
        effective date of such repeal--
                    (A) any reference in such section to ``the 3-year 
                period beginning January 1, 2014'' or to ``the 36-month 
                period beginning January 1, 2014'' is deemed a 
                reference to the period beginning January 1, 2014, and 
                ending on the date of the enactment of this Act;
                    (B) with respect to the amounts specified in 
                clauses (iii) and (iv) of subsection (b)(3)(B) of such 
                section, the amounts for 2014 shall be reduced in a 
                pro-rata manner to reflect only the portion of 2014 
                occurring before the date of the enactment of this Act 
                and no amounts shall be provided for periods after such 
                date;
                    (C) in applying subsection (b)(4)(A) of such 
                section, amounts collected may only be used for 2014 
                and, notwithstanding subsection (b)(4)(B) of such 
                section, amounts remaining unexpended as of December 
                2014 shall be returned, in a pro rata manner, to health 
                insurance issuers making contributions under such 
                section; and
                    (D) the reference in subsection (c)(1)(A) of such 
                section to the first 3 years of operation shall be 
                deemed a reference to the period of operation ending 
                not later than December 31, 2014.
            (4) Construction.--Nothing in this subsection shall be 
        construed as affecting the authority of a State, without regard 
        to section 1341 of PPACA, to implement reinsurance programs 
        with respect to health insurance coverage offered in the State.
    (b) Repeal of Section 1342.--
            (1) In general.--Section 1342 of PPACA (42 U.S.C. 18062) is 
        repealed.
            (2) Effective date.--The repeal made by paragraph (1) shall 
        apply to calendar years beginning after the date of the 
        enactment of this Act.
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