[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.

                          ____________________