[Congressional Record Volume 157, Number 71 (Monday, May 23, 2011)]
[Senate]
[Pages S3228-S3229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself, Mr. Barrasso, Mr. Burr, Mr. Coburn, and 
        Mr. Roberts):
  S. 1049. A bill to lower health premiums and increase choice for 
small business; to the Committee on Finance.
  Mr. KYL. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1049

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Small 
     Business Health Relief Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

        TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES

Sec. 101. Protecting American jobs and wages.
Sec. 102. Increasing flexibility for small businesses.
Sec. 103. Increasing choices for Americans.
Sec. 104. Protecting patients from higher premiums.
Sec. 105. Ensuring affordable coverage.

                 TITLE II--INCREASING CONSUMER CONTROL

Sec. 201. Repeal of the restriction on over-the-counter medicines.
Sec. 202. Repeal of the annual cap.

       TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE

Sec. 301. Allowing individuals to keep the coverage they have if they 
              like it.

        TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES

     SEC. 101. PROTECTING AMERICAN JOBS AND WAGES.

       Sections 1513 and 1514 and subsections (e), (f), and (g) of 
     section 10106 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and the amendments made by such 
     sections and subsections are repealed and the Internal 
     Revenue Code of 1986 shall be applied and administered as if 
     such provisions and amendments had never been enacted.

     SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.

       Section 1302(c)(2) of the Patient Protection and Affordable 
     Care Act (Public Law 111-148) is repealed.

     SEC. 103. INCREASING CHOICES FOR AMERICANS.

       (a) Qualified Health Plan Coverage Satisfied by High 
     Deductible Health Plan With Health Savings Account.--Section 
     1302(e) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18022(e)) is amended to read as follows:
       ``(e) High Deductible Health Plan With Health Savings 
     Account.--A health plan not providing a bronze, silver, gold, 
     or platinum level of coverage shall be treated as meeting the 
     requirements of subsection (d) with respect to any plan year 
     for any enrollee if the plan meets the requirements for a 
     high deductible health plan under section 223(c)(2) of the 
     Internal Revenue Code of 1986 and such enrollee has 
     established a health savings account (as defined in section 
     223(d)(1) of such Code) in relation to such plan.''.
       (b) Conforming Amendments.--
       (1) Subparagraph (C) of section 1312(d)(3) of the Patient 
     Protection and Affordable Care

[[Page S3229]]

     Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, 
     except'' and all that follows through ``1302(e)(2)''.
       (2) Subparagraph (A) of section 36B(c)(3) of the Internal 
     Revenue Code of 1986, as added by section 1401(a) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148) is amended by striking ``, except'' and all that follows 
     through ``such Act''.
       (3) Subparagraph (B) of section 1334(c)(1) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is 
     amended by striking ``and catastrophic coverage''.

     SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.

       Section 9010 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), as amended by section 10905 of such 
     Act, is repealed.

     SEC. 105. ENSURING AFFORDABLE COVERAGE.

       Section 2701(a)(1)(A)(iii) of the Public Health Service Act 
     (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148), is amended by striking ``, except'' and all that 
     follows through ``2707(c))''.

                 TITLE II--INCREASING CONSUMER CONTROL

     SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER 
                   MEDICINES.

       Section 9003 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and the amendments made by such 
     section are repealed; and the Internal Revenue Code of 1986 
     shall be applied as if such section, and amendments, had 
     never been enacted.

     SEC. 202. REPEAL OF THE ANNUAL CAP.

       Sections 9005 and 10902 of the Patient Protection and 
     Affordable Care Act (Public Law 111-148) and section 1403 of 
     the Health Care and Education Reconciliation Act of 2010 
     (Public Law 111-152) and the amendments made by such sections 
     are repealed.

       TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE

     SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE 
                   IF THEY LIKE IT.

       (a) In General.--Section 1251(a)(2) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18011) is 
     amended--
       (1) by striking ``Except as provided in paragraph (3),'' 
     and inserting the following:
       ``(A) In general.--Except as provided in paragraphs (3) and 
     (4),''; and
       (2) by adding at the end the following:
       ``(B) Protecting employers and consumers with grandfathered 
     coverage.--
       ``(i) In general.--A group health plan or health insurance 
     coverage in which an individual is enrolled on or after March 
     23, 2010, but before any plan year beginning not later than 1 
     year after the date of the enactment of this subparagraph, 
     and which is deemed to be a grandfathered health plan under 
     this section, shall continue to be considered a grandfathered 
     health plan with respect to such individual regardless of any 
     modification to the cost-sharing levels, employer 
     contribution rates, or covered benefits under such plan or 
     coverage as otherwise permitted under this Act (and the 
     amendments made by this Act).
       ``(ii) Regulations.--The Secretary shall promulgate 
     regulations to clarify the application of clause (i) to a 
     plan or coverage that continues to be a grandfathered health 
     plan pursuant to such clause.''.
       (b) Effective Date; Previously Promulgated Regulations 
     Voided.--
       (1) Effective date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Patient Protection and Affordable Care Act.
       (2) Previously promulgated regulations voided.--Any 
     regulations relating to section 1251(a)(2) of such Act 
     promulgated before the date of the enactment of this Act 
     shall have no force or effect.

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