[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[House]
[Pages 536-537]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1173

                  Offered By: Ms. Jackson Lee of Texas

       Amendment No. 1: At the end of the bill, add the following:

     SEC. 3. ENSURING MARKET PENETRATION FOR PRIVATE LONG-TERM 
                   CARE INSURANCE.

       (a) In General.--Section 2 shall not take effect until such 
     date as the Secretary of Health and Human Services certifies 
     to the Congress that at least 60 percent of individuals in 
     the United States who are 25 years of age or older have 
     private long-term care insurance.
       (b) Exception.--Notwithstanding subsection (a), section 
     2(b)(3)(B) shall take effect upon the enactment of this Act.

                               H.R. 1173

                  Offered By: Ms. Jackson Lee of Texas

       Amendment No. 2: Page 5, after line 19, add the following:

     SEC. 3. STUDY ON THE IMPACT OF NOT HAVING LONG-TERM CARE 
                   INSURANCE ON THE FEDERAL, STATE, AND LOCAL 
                   GOVERNMENTS.

       (a) Studies.--Section 2 shall not take effect until--
       (1) the Director of the Congressional Budget Office 
     completes a macroeconomic study and submits a report to the 
     Congress on the impact on the Federal, State, and local 
     governments of not having long-term care insurance; and
       (2) the Secretary of Health and Human Services completes a 
     study and submits a report to the Congress on the best 
     practices necessary to have a viable, financially secure, and 
     solvent long-term care insurance program.
       (b) Exception.--Notwithstanding subsection (a), section 
     2(b)(3)(B) shall take effect upon the enactment of this Act.

                               H.R. 1173

                      Offered By: Mrs. Christensen

       Amendment No. 3: At the end of the bill, add the following:

     SEC. 3. ENSURING AVAILABILITY OF AN AFFORDABLE NATIONAL LONG-
                   TERM CARE PROGRAM IN PLACE OF CLASS PROGRAM.

       (a) In General.--Section 2 shall not take effect until such 
     date as the Secretary of Health and Human Services certifies 
     that an affordable national long-term care program for 
     community living assistance services and supports (other than 
     the CLASS Program under title XXXII of the Public Health 
     Service Act (42 U.S.C. 300ll et seq.)) is in effect.
       (b) Exception.--Notwithstanding subsection (a), section 
     2(b)(3)(B) shall take effect upon the enactment of this Act.

                               H.R. 1173

                         Offered By: Mr. Deutch

       Amendment No. 4: At the end of the bill, add the following 
     new section:

     SEC. 3. PREVENTING AN INCREASE IN MEDICAID SPENDING.

       Section 2 (other than subsection (b)(3)(B) of such section) 
     shall not take effect until 90 days after the date on which 
     the Comptroller

[[Page 537]]

     General of the United States certifies to Congress that 
     failure to implement the CLASS program established under 
     title XXXII of the Public Health Service Act will not 
     increase State and Federal spending for long-term care under 
     the Medicaid program under title XIX of the Social Security 
     Act.

                               H.R. 1173

                         Offered By: Mr. Deutch

       Amendment No. 5: At the end of the bill, add the following 
     new section:

     SEC. 3. CLASS PROGRAM FLEXIBILITY.

       (a) In General.--Subject to subsection (b), section 2 
     (other than subsection (b)(3)(B) of such section) shall not 
     take effect until such date on which each of the following 
     has been satisfied:
       (1) The Secretary of Health and Human Services submits to 
     Congress a report including a determination made by the 
     Secretary on whether or not the Secretary has the authority 
     to implement the CLASS program under title XXXII of the 
     Public Health Service Act and develop and implement the 
     benefit plans described in subsection (c).
       (2) In the case the Secretary determines the Secretary does 
     not have the authority described in paragraph (1), the 
     Secretary includes in the report described in such paragraph 
     recommendations for statutory changes needed, and a 
     recommended list of statutory provisions that would need to 
     be waived, to provide the Secretary with such authority.
       (3) In the case the Secretary determines the Secretary does 
     not have the authority described in paragraph (1), not later 
     than 90 days after the submission of such report and 
     recommendations, Congress has considered and rejected such 
     recommendations.
       (b) Exceptions.--
       (1) Section 2 (other than subsection (b)(3)(B) of such 
     section) shall not take effect if the Secretary of Health and 
     Human Services determines under subsection (a)(1) that the 
     Secretary has the authority described in such subsection and 
     the Secretary develops the 3 benefit plans described in 
     subsection (c).
       (2) In the case the Secretary determines under subsection 
     (a)(1) that the Secretary does not have the authority 
     described in such subsection and Congress has not considered 
     and rejected the recommendations described in subsection 
     (a)(2) by the deadline described in subsection (a)(3), 
     section 2 (other than subsection (b)(3)(B) of such section) 
     shall not take effect and the Secretary shall have the 
     authority to waive the provisions recommended by the 
     Secretary to be waived under the report described in 
     subsection (a)(2).
       (c) Actuarially Sound Benefit Plans.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Health and Human Services shall develop 3 
     actuarially sound benefit plans as alternatives for 
     consideration for designation as the CLASS Independence 
     Benefit Plan described in section 3203 of the Public Health 
     Service Act that address adverse selection and have market 
     appeal, regardless of whether such plans satisfy the 
     requirements described in subsection (a)(1) of such section.