HR 429 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 429CommentsClose CommentsPermalink

To repeal the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010 and to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 25, 2011CommentsClose CommentsPermalink

Mr. ISSA introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Oversight and Government Reform, Education and the Workforce, Natural Resources, the Judiciary, Rules, House Administration, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To repeal the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010 and to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS OF HCERA.

(a) PPACA- Effective as of the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.CommentsClose CommentsPermalink





(b) Health Care-Related Provisions of HCERA-CommentsClose CommentsPermalink





(1) IN GENERAL- Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), the health care-related provisions of such Act are repealed, and the provisions of law amended or repealed by such health care-related provisions are restored or revived as if such provisions had not been enacted.CommentsClose CommentsPermalink





(2) HEALTH CARE-RELATED PROVISIONS DEFINED- In paragraph (1), the term ‘health care-related provisions’ means, with respect to the Health Care and Education Reconciliation Act of 2010, title I and subtitle B of title II of such Act.CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE.

(a) In General- Subpart G of part III of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; andCommentsClose CommentsPermalink





(2) by inserting after chapter 89 the following:CommentsClose CommentsPermalink

‘CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES

‘SEC. 8921. DEFINITIONS.

‘In this chapter--CommentsClose CommentsPermalink





‘(1) the terms defined under section 8901 shall have the meanings given such terms under that section; andCommentsClose CommentsPermalink





‘(2) the term ‘Office’ means the Office of Personnel Management.CommentsClose CommentsPermalink

‘SEC. 8922. HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES.

‘(a) The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter.CommentsClose CommentsPermalink





‘(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter.CommentsClose CommentsPermalink

‘SEC. 8923. CONTRACT REQUIREMENT.

‘(a) For each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter.CommentsClose CommentsPermalink





‘(b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902.CommentsClose CommentsPermalink

‘SEC. 8924. ELIGIBILITY OF NON-FEDERAL EMPLOYEES.

‘(a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section.CommentsClose CommentsPermalink





‘(b) An individual may not enroll in a health benefits plan under this chapter if the individual--CommentsClose CommentsPermalink





‘(1) is enrolled or eligible to enroll for coverage under a public health insurance program, including--CommentsClose CommentsPermalink





‘(A) title XVIII of the Social Security Act;CommentsClose CommentsPermalink





‘(B) a State plan under title XIX of the Social Security Act;CommentsClose CommentsPermalink





‘(C) a State plan under title XX of the Social Security Act; orCommentsClose CommentsPermalink





‘(D) any other program determined by the Office;CommentsClose CommentsPermalink





‘(2) is enrolled or eligible to enroll in a plan under chapter 89; orCommentsClose CommentsPermalink





‘(3) is a member of the uniformed services as defined under section 101(a)(5) of title 10.CommentsClose CommentsPermalink

‘SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS PLANS.

‘(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions.CommentsClose CommentsPermalink





‘(b) No Government contribution shall be made for any individual under this chapter.CommentsClose CommentsPermalink





‘(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) CONTRACT REQUIREMENT UNDER CHAPTER 89- Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following:CommentsClose CommentsPermalink





‘(p) Any contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.’.CommentsClose CommentsPermalink





(2) TABLE OF CHAPTERS- The table of chapters for part III of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(A) by redesignating the items relating to chapters 89A and 89B as chapters 89B and 89C, respectively; andCommentsClose CommentsPermalink





(B) by inserting after the item relating to chapter 89 the following:CommentsClose CommentsPermalink

8921’.CommentsClose CommentsPermalink

SEC. 3. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON-EMPLOYEE ENROLLEES.

(a) In General- Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:CommentsClose CommentsPermalink

‘SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE.

‘(a) In General- In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid as premiums during the taxable year for coverage for the taxpayer, his spouse, and dependents under health insurance provided pursuant to chapter 89A of title 5, United States Code.CommentsClose CommentsPermalink





‘(b) Special Rules-CommentsClose CommentsPermalink





‘(1) COORDINATION WITH MEDICAL DEDUCTION, ETC- Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section.CommentsClose CommentsPermalink





‘(2) DEDUCTION NOT ALLOWED FOR SELF-EMPLOYMENT TAX PURPOSES- The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.’.CommentsClose CommentsPermalink





(b) Deduction Allowed in Computing Adjusted Gross Income- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph:CommentsClose CommentsPermalink





‘(22) PREMIUMS PAID FOR FEHBP COVERAGE- The deduction allowed by section 224.’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item:CommentsClose CommentsPermalink





‘Sec. 224. Premiums paid for FEHBP coverage.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM.

Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that--CommentsClose CommentsPermalink





(1) provides for the orderly implementation of the amendments made by this Act; andCommentsClose CommentsPermalink





(2) includes a schedule of actions to be taken to provide for that implementation.CommentsClose CommentsPermalink