[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1408 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1408

To repeal the Patient Protection and Affordable Care Act and the health 
care-related provisions in the Health Care and Education Reconciliation 
Act of 2010 and to amend title 5, United States Code, to offer Federal 
   employee health benefits plans to individuals who are not Federal 
                   employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2017

   Mr. Issa introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  Ways and Means, Oversight and Government Reform, Education and the 
  Workforce, Natural Resources, the Judiciary, Appropriations, House 
 Administration, and Rules, 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 the Patient Protection and Affordable Care Act and the health 
care-related provisions in the Health Care and Education Reconciliation 
Act of 2010 and to amend title 5, United States Code, to offer Federal 
   employee health benefits plans to individuals who are not Federal 
                   employees, 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 ``Access to Insurance for All 
Americans Act''.

SEC. 2. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS OF HCERA.

    (a) PPACA.--Effective beginning with the first calendar year 
beginning 2 years after the date of the enactment of this Act, the 
Patient Protection and Affordable Care Act (Public Law 111-148) is 
repealed and the provisions of law amended or repealed by such Act are 
restored or revived as if such Act had not been enacted.
    (b) Health Care-Related Provisions of HCERA.--
            (1) In general.--Effective beginning with the first 
        calendar year beginning 2 years after the date of the enactment 
        of this Act, the health care-related provisions of the Health 
        Care and Education Reconciliation Act of 2010 (Public Law 111-
        152) are repealed and the provisions of law amended or repealed 
        by such health care-related provisions are restored or revived 
        as if such provisions had not been enacted.
            (2) Health care-related provisions defined.--In paragraph 
        (1), the term ``health care-related provisions'' means, with 
        respect to the Health Care and Education Reconciliation Act of 
        2010, title I and subtitle B of title II of such Act.

SEC. 3. EXTENSION AND MODIFICATION OF FEDERAL EMPLOYEE HEALTH 
              INSURANCE.

    (a) FEHBP.--
            (1) In general.--Chapter 89 of title 5, United States Code, 
        is amended by adding at the end the following:
``Sec. 8915. Health insurance for individuals who are not Federal 
              employees
    ``(a) Except as provided in this section, any individual may enroll 
in a health benefits plan provided under this chapter and receive 
health benefits, to the greatest extent practicable, in the same manner 
as an employee.
    ``(b) An individual may not enroll in a health benefits plan under 
this section 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 XXI of the Social 
                Security Act; or
                    ``(D) any other program determined by the Office;
            ``(2) is a member of the uniformed services as defined 
        under section 101(a)(5) of title 10; or
            ``(3) is not a citizen or national of the United States or 
        an alien lawfully present in the United States.
    ``(c)(1) No Government contribution may be made for any individual 
enrolled in a health benefits plan pursuant to this section.
    ``(2) Pursuant to regulations that the Office of Personnel 
Management may prescribe, an employer of an individual enrolled in such 
a plan may make a contribution on behalf of the individual.
    ``(d) In carrying out this section, the Office shall ensure that 
individuals enrolled in a health benefits plan under this section shall 
be in the same risk pool maintained for employees covered by this 
chapter.
    ``(e) The Office shall issue regulations as are necessary to carry 
out this section.
``Sec. 8916. No lifetime or annual limits
    ``(a) A carrier offering a health benefits plan under this chapter 
may not establish--
            ``(1) lifetime limits on the dollar value of benefits for 
        any individual enrolled in such plan; or
            ``(2) unreasonable annual limits (within the meaning of 
        section 223 of the Internal Revenue Code of 1986) on the dollar 
        value of benefits for any such individual.
    ``(b) Subsection (a) shall not be construed to prevent a health 
benefits plan under this chapter from placing annual or lifetime per 
beneficiary limits on specific covered benefits to the extent that such 
limits are otherwise permitted under Federal or State law.
``Sec. 8917. Non-discrimination in health care
    ``A carrier offering a health benefits plan under this chapter may 
not discriminate with respect to participation under the plan or 
coverage against any health care provider who is acting within the 
scope of that provider's license or certification under applicable 
State law. This section shall not require that a health benefits plan 
or carrier contract with any health care provider willing to abide by 
the terms and conditions for participation established by the plan or 
issuer. Nothing in this section shall be construed as preventing a 
health benefits plan, a carrier, or the Director of the Office of 
Personnel Management from establishing varying reimbursement rates 
based on quality or performance measures.''.
            (2) Child under the age of 26.--Section 8901(5) of title 5, 
        United States Code, is amended by striking ``22'' in each 
        instance it appears and inserting ``26''.
            (3) Application.--Sections 8916 and 8917 of such title (as 
        added by paragraph (1)) shall begin to apply to any contract 
        for health benefits plans entered into by the Office of 
        Personnel Management under chapter 89 of such title after the 
        date of enactment of this Act.
            (4) Clerical amendment.--The table of sections of chapter 
        89 of title 5, United States Code, is amended by inserting 
        after the item relating to section 8914 the following new 
        items:

``8915. Health insurance for individuals who are not Federal employees.
``8616. No lifetime or annual limits.
``8917. Non-discrimination in health care.''.
    (b) Dental and Vision Benefits.--
            (1) Dental.--Section 8952 of title 5, United States Code, 
        is amended by adding at the end the following:
    ``(d) The Office shall issue regulations necessary to enroll 
individuals described in section 8915 in dental benefits plan offered 
under this chapter, consistent with the requirements of such 
section.''.
            (2) Vision.--Section 8982 of title 5, United States Code, 
        is amended by adding at the end the following:
    ``(d) The Office shall issue regulations necessary to enroll 
individuals described in section 8915 in vision benefits plan offered 
under this chapter, consistent with the requirements of such 
section.''.
    (c) Special Enrollment Period for Federal Employees and Uninsured 
Individuals.--The Director of the Office of Personnel Management shall 
issue regulations to provide for a special enrollment period, to begin 
on the date of enactment of this Act and ending on the date that is 180 
after such date of enactment or the last day of the calendar year in 
which such date of enactment occurs, whichever is later, under which 
the following individuals may enroll in a health benefits plan under 
chapter 89, 89A, or 89B of title 5, United States Code:
            (1) Any employee (as that term is defined in section 
        8901(1) of such title) who is not enrolled in a health benefits 
        plan under any such chapter but who is otherwise eligible to 
        enroll in such a plan, including any employee excluded by 
        section 1312(d)(3)(D) of the Patient Protection and Affordable 
        Care Act (Public Law 111-148).
            (2) Any individual not covered by paragraph (1) and who is 
        not covered by any health insurance, as determined by the 
        Director of the Office of Personnel Management.
    (d) Enrollment of Insured Individuals Who Are Not Federal 
Employees.--For plan years beginning in the year immediately following 
the year in which this subsection is enacted, the Director of the 
Office of Personnel Management shall issue regulations to provide for 
the enrollment of individuals (as described under section 8915 of title 
5, United States Code, as added by subsection (a)) in health benefits 
plans under chapter 89, 89A, or 89B of such title.

SEC. 4. 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--
            (1) by redesignating section 224 as section 225; and
            (2) by inserting after section 223 the following new 
        section:

``SEC. 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, the spouse of 
the taxpayer, and dependents under health insurance provided pursuant 
to section 8915 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--
            (1) redesignating the item relating to section 224 as an 
        item relating to section 225; and
            (2) 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 enactment of this Act.

SEC. 5. 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.
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