118 HR 3129 IH: Health Care Fairness for All Act U.S. House of Representatives 2023-05-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 3129 IN THE HOUSE OF REPRESENTATIVES May 9, 2023 Mr. Sessions 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 Education and the Workforce, 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 ensure health care fairness and affordability for all Americans through universal access to equitable health insurance tax credits, reformed health savings accounts, and strengthened consumer protections, and for other purposes.

1.

Short title; purposes; table of contents

(a)

Short title

This Act may be cited as the Health Care Fairness for All Act. (b)

Purposes

The purposes of this Act are as follows: (1)

Elimination of individual and employer mandates

To eliminate mandates on individuals and employers, and other tax requirements, imposed under Public Law 111–148. (2)

Providing States with alternative, affordable coverage options

To provide greater flexibility in providing States with options in making affordable health insurance coverage available by eliminating certain mandates under Public Law 111–148, while retaining essential consumer protections, by promoting health savings accounts to pay for such coverage and long-term care coverage, while permitting States to continue coverage as provided under such public law. (c)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; purposes; table of contents. Sec. 2. Definitions. Title I—Revision of Federal Health Law Subtitle A—Elimination of Employer and Individual Mandates Sec. 101. Repeal of individual health insurance mandate. Sec. 102. Repeal of employer health insurance mandate. Sec. 103. Clarifying employer’s ability to reimburse employee premiums for purchase of individual health insurance coverage. Subtitle B—Limitation on Application of Federal Health Plan Requirements Sec. 121. Limiting application of requirements to consumer protections. Sec. 122. Offering of basic health insurance; protection of assets from liability or attachment or seizure. Sec. 123. Ensuring access to short-term limited duration insurance. Sec. 124. Making telehealth flexibilities permanent. Subtitle C—Health Insurance Tax Benefit Sec. 131. Health insurance tax benefit. Sec. 132. Application of portion of unused tax credits by States for indigent health care. Sec. 133. Medicaid option of enrollment under private plan and contribution to an HSA. Sec. 134. Repeal of reporting requirements relating to employee health insurance premiums and health plan benefits. Sec. 135. Report. Subtitle D—Medicare reforms Sec. 141. Physician-owned hospitals. Sec. 142. Prohibiting the use of an inpatient-only list in designating hospital outpatient services under the Medicare program. Sec. 143. Promoting Medicare site-neutral payments. Sec. 144. Medicare Advantage contributions to Roth HSAs for chronically ill enrollees. Sec. 145. Extending acute hospital care at home waiver flexibilities. Title II—Improving Health Savings Accounts to Promote Accountability Sec. 201. Transition to non-deductible HSAs. Sec. 202. Elimination of medical expense deduction. Sec. 203. Treatment of HSA after death of account beneficiary. Sec. 204. Treatment of direct patient care arrangements. Title III—State flexibility in regulation of health insurance coverage Sec. 301. State flexibility in regulation of health insurance coverage. Title IV—Medicaid Payment Reform Sec. 401. Medicaid payment reform to ensure equitable access to care. Title V—Price Transparency Sec. 501. Promoting transparent hospital prices for consumers.

2.

Definitions

Except as otherwise provided, in this Act: (1)

Basic health insurance

The term basic health insurance is defined in section 122(a). (2)

Default health insurance coverage

The term default health insurance coverage is defined in section 121(b)(4)(B). (3)

Exchange

The term Exchange means an Exchange established under title I of Public Law 111–148. (4)

Health insurance coverage; group health plan, etc

The terms defined in section 2791 of the Public Health Service Act, including health insurance coverage, group health planindividual market, shall apply. (5)

Limited benefit insurance

The term limited benefit insurance is defined in section 122(b). (6)

Secretary

The term Secretary means the Secretary of Health and Human Services. (7)

State

The term State includes the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.