[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[House]
[Pages H4027-H4028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN HEALTH SAVINGS IMPROVEMENT ACT
Mr. SMITH of Nebraska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5452) to amend the Internal Revenue Code of 1986 to
permit individuals eligible for Indian Health Service assistance to
qualify for health savings accounts, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5452
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 ``Native American Health
Savings Improvement Act''.
SEC. 2. INDIVIDUALS ELIGIBLE FOR INDIAN HEALTH SERVICE
ASSISTANCE NOT DISQUALIFIED FROM HEALTH SAVINGS
ACCOUNTS.
(a) In General.--Section 223(c)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(D) Special rule for individuals eligible for assistance
under indian health service programs.--For purposes of
subparagraph (A)(ii), an individual shall not be treated as
covered under a health plan described in such subparagraph
merely because the individual receives hospital care or
medical services under a medical care program of the Indian
Health Service or of a tribal organization.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2016.
The SPEAKER pro tempore (Mr. Rouzer). Pursuant to the rule, the
gentleman from Nebraska (Mr. Smith) and the gentleman from Michigan
(Mr. Levin) each will control 20 minutes.
The Chair recognizes the gentleman from Nebraska.
General Leave
Mr. SMITH of Nebraska. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and to include extraneous material on H.R. 5452,
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nebraska?
There was no objection.
Mr. SMITH of Nebraska. Mr. Speaker, I yield myself such time as I may
consume.
I am happy to stand before you today as we consider H.R. 5452, the
Native American Health Savings Improvement Act, a bipartisan bill that
makes a commonsense improvement to current rules surrounding health
savings accounts and those who get care at Indian Health Services.
Generally, anyone covered solely by a high-deductible plan is allowed
to make deductible contributions to a health savings account; but under
IRS guidance, an individual who has received medical services at an
Indian Health Service facility at any time during the previous 3 months
is made ineligible from making contributions to an HSA. This practice
could discourage those who rely on care that is delivered at an Indian
Health Service facility from participating in an HSA. That is something
that must be remedied.
High-deductible health plans and HSAs are critical components of
consumer-driven health care. Together, they empower individuals and
families to shop around, unleashing the powers of choice and
competition to lower costs and improve quality. We want to lower
barriers to these types of accounts and encourage individuals who are
otherwise eligible to not forgo treatment at an Indian Health Service
facility simply because of confusion over when they might be able to
resume contributing to their HSAs.
I urge my colleagues to join me in supporting this bipartisan,
commonsense measure.
Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
Currently, contributions to a health savings account may only be made
when an account owner is enrolled in a high-deductible health plan.
Additionally, the account owner may not be eligible for other health
coverage that is not a high-deductible health plan.
This bill would make sure that receiving benefits under an Indian
Health Service or a tribal medical care program does not disqualify a
taxpayer from HSA eligibility. Furthermore, under this bill, the
taxpayer would still have to be covered by a high-deductible health
plan to be able to receive or to make HSA contributions.
It is unclear how big of a problem this currently is across the
country, particularly in Indian country. I have made it clear that HSAs
and high-deductible plans move our country in the wrong direction--away
from affordable
[[Page H4028]]
and comprehensive health coverage--but I don't think individuals who
are covered through IHS or tribal medical care programs should be
forced to forgo one insurance or the other.
Mr. Speaker, I reserve the balance of my time.
{time} 1915
Mr. SMITH of Nebraska. Mr. Speaker, I yield 2 minutes to the
gentleman from Michigan (Mr. Moolenaar), a member of the Science,
Space, and Technology Committee, the Budget Committee, and the
Agriculture Committee.
Mr. MOOLENAAR. Mr. Speaker, I thank Chairman Brady of the House
Committee on Ways and Means, Congressman Paulsen, Congresswoman Noem,
and Congressman Blumenauer for cosponsoring this bipartisan
legislation. I also thank the gentleman from Michigan (Mr. Levin) for
his comments.
This legislation today before the House, H.R. 5452, will improve
access to health savings accounts for Native Americans who choose to
receive care at Indian Health Service facilities by ending an
unnecessary penalty against them.
Currently, Native Americans are not allowed to contribute to their
own health savings accounts for 3 months after receiving care at an
Indian Health Service facility. These accounts can be a useful tool for
families to cover the cost of deductibles, copayments, and coinsurance.
However, current policy prevents this ability for Native Americans, and
the 3-month waiting period limits their access to services that can
help with treating high-risk health conditions.
This commonsense legislation eliminates the waiting period so Native
Americans don't have to wait to save their hard-earned money to make
their own healthcare choices and to receive treatment from Indian
Health Service doctors. Today's legislation advances a bipartisan,
patient-centered solution to an unfortunate, government-created
problem. It will benefit all Native Americans who use HSAs, and I am
glad that we can eliminate this unfair Federal penalty against them.
I thank my colleagues for their support of this legislation.
Mr. LEVIN. Mr. Speaker, let me just mention that Mr. Blumenauer
wanted to be here but, because of the weather, he has just been unable
to arrive. I think the majority may have the same problem.
I yield back the balance of my time.
Mr. SMITH of Nebraska. Mr. Speaker, I yield myself such time as I may
consume.
I would add that Representative Noem faced a similar situation with
air travel and the weather.
Mr. Speaker, about 20 million Americans are covered by a high
deductible health plan with an HSA. These options are an increasingly
popular option, and it is a popular option that many Native Americans
would like to take advantage of. So let's come together and make sure
that any current law practices that could dissuade tribal members from
participation in an HSA-eligible plan would be reversed.
I urge my colleague to join me and support H.R. 5452.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nebraska (Mr. Smith) that the House suspend the rules
and pass the bill, H.R. 5452, 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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