[Congressional Record Volume 161, Number 140 (Monday, September 28, 2015)]
[House]
[Pages H6275-H6276]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EQUITABLE ACCESS TO CARE AND HEALTH ACT
Mr. RYAN of Wisconsin. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2061) to amend section 5000A of the Internal
Revenue Code of 1986 to provide an additional religious exemption from
the individual health coverage mandate, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2061
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 ``Equitable Access to Care and
Health Act'' or the ``EACH Act''.
SEC. 2. ADDITIONAL RELIGIOUS EXEMPTION FROM HEALTH COVERAGE
RESPONSIBILITY REQUIREMENT.
(a) In General.--Section 5000A(d)(2)(A) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(A) Religious conscience exemptions.--
``(i) In general.--Such term shall not include any
individual for any month if such individual has in effect an
exemption under section 1311(d)(4)(H) of the Patient
Protection and Affordable Care Act which certifies that--
``(I) such individual is a member of a recognized religious
sect or division thereof which is described in section
1402(g)(1), and is adherent of established tenets or
teachings of such sect or division as described in such
section, or
``(II) such individual is a member of a religious sect or
division thereof which is not described in section
1402(g)(1), who relies solely on a religious method of
healing, and for whom the acceptance of medical health
services would be inconsistent with the religious beliefs of
the individual.
``(ii) Special rules.--
``(I) Medical health services defined.--For purposes of
this subparagraph, the term `medical health services' does
not include routine dental, vision, and hearing services,
midwifery services, vaccinations, necessary medical services
provided to children, services required by law or by a third
party, and such other services as the Secretary of Health and
Human Services may provide in implementing section
1311(d)(4)(H) of the Patient Protection and Affordable Care
Act.
``(II) Attestation required.--Clause (i)(II) shall apply to
an individual for months in a taxable year only if the
information provided by the individual under section
1411(b)(5)(A) of such Act includes an attestation that the
individual has not received medical health services during
the preceding taxable year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2013.
(c) Construction.--Nothing in the amendment made by
subsection (a) shall preempt any State law requiring the
provision of medical treatment for children, especially those
who are seriously ill.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Ryan) and the gentleman from Michigan (Mr. Levin) each
will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. RYAN of Wisconsin. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 2061 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. RYAN of Wisconsin. Mr. Speaker, I yield myself such time as I may
consume.
I rise to speak in favor of the EACH Act. This bill would expand the
religious liberty exemption to the individual mandate. Right now the
exemption is minuscule. To qualify, you have to believe as a matter of
faith in giving up any private or public insurance, including Social
Security. That includes the Amish, the Order of Mennonites, and that is
about it. That is way too strict.
Let's remember the reason for this mandate in the first place. The
other side said that, if you get sick and you don't have insurance, the
rest of us will have to pay for your health care. Well, we are talking
about people who do not use health care. So why should they have to be
forced to buy insurance for health care that they don't use?
I don't think we should force anybody to buy health insurance against
their will, for that matter, but I think it is especially wrong to
force people to buy insurance against their faith. This bill simply
says: If you, as a matter of faith, don't use health care, then you are
exempt from the individual mandate.
I am glad we are working on this long overdue change today. I would
note that this came out of committee on a voice vote. I encourage
Members to support it.
[[Page H6276]]
Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
The current religious exemption from ACA mirrors other religious
exemptions used in the Internal Revenue Code. The EACH Act provides
that anyone who ``is a member of a religious sect that relies solely on
religious methods of healing and for whom medical care is inconsistent
with religious beliefs'' can claim a religious exemption from the
individual mandate requirement.
As a step to maintain a narrowly defined religious exemption and meet
concerns, this legislation is written more precisely than the previous
bill that passed unanimously in this House.
Mr. Speaker, I reserve the balance of my time.
Mr. RYAN of Wisconsin. Mr. Speaker, I yield 5 minutes to the
gentleman from Illinois (Mr. Rodney Davis), the author of the EACH Act.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I thank Chairman Ryan for
his leadership on this issue. I really appreciate the Committee on Ways
and Means allowing me, a noncommittee member, to be able to take this
important piece of legislation to the floor today.
Today this Congress has an opportunity to work in a bipartisan way to
promote religious liberty and, frankly, Mr. Speaker, fairness. H.R.
2061, the EACH Act, does this by modestly expanding the religious
conscience exemption under the Affordable Care Act to include
individuals like Christian Scientists, who rely solely on religious
methods of healing.
The existing religious conscience exemption under the Affordable Care
Act exclusively applies, as Chairman Ryan said, to a few certain sects
of faith. As a result, many Americans--as I mentioned before, the
Christian Scientists--are required to purchase medical health insurance
that does not cover the health care of their religious practice or
choice. Alternatively, they are forced to pay tax penalties for not
purchasing such insurance.
A similar version of the EACH Act passed this House unanimously under
the suspension of the rules during the last Congress. In order to
improve the bill, as Mr. Levin, my colleague stated, modest changes to
this bill's language were made, with input from the Department of
Treasury, the Department of Health and Human Services, and other key
stakeholders.
Under this bill's new language, applicants must annually attest to
the exchange that they are a member of a religious group, that they
rely solely on a religious method of healing, and that they have not
received medical health services during the preceding taxable year.
Additionally, with the help of input from the American Academy of
Pediatrics, the bill now makes it clear that the legislation does not
preempt any State laws requiring the provision of medical treatment for
children. Further, if a parent needs to provide necessary medical
services to a child, doing so would not invalidate the individual's
exemption.
The EACH Act is truly an example of bipartisan legislation with input
from stakeholders to make it better. As of today, it has more than 100
Republican and more than 60 Democratic cosponsors.
I am particularly proud to have worked with my friend and colleague,
Mr. Keating, on moving this legislation forward. He knows this issue
well. His home State of Massachusetts established a similar religious
conscience exemption in State law, and it is working just as planned.
Mr. Speaker, I also represent Principia College in Elsah, Illinois.
It is a college for Christian Scientists. I am proud to stand up and
promote their religious liberty and that of many others in this great
Nation.
I urge a ``yes'' vote.
{time} 1615
Mr. LEVIN. Mr. Speaker, I yield back the balance of my time.
Mr. RYAN of Wisconsin. Mr. Speaker, I think Mr. Davis captured it
quite well.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Ryan) that the House suspend the rules
and pass the bill, H.R. 2061, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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