HR 6088 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6088CommentsClose CommentsPermalink

To repeal certain tax increases enacted as part of health care reform.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

July 9, 2012CommentsClose CommentsPermalink

Mr. SCHWEIKERT introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 certain tax increases enacted as part of health care reform.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. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Total Repeal of the Unfair Taxes on Healthcare Act of 2012’ or as the ‘TRUTH Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Repeal of excise tax on comprehensive health plans.CommentsClose CommentsPermalink





Sec. 3. Repeal of surtax on investment income.CommentsClose CommentsPermalink





Sec. 4. Repeal of disqualification of expenses for over-the-counter drugs under health flexible spending arrangements and health savings accounts.CommentsClose CommentsPermalink





Sec. 5. Repeal of increase in tax on nonqualified distributions from health savings accounts.CommentsClose CommentsPermalink





Sec. 6. Repeal of limitation on health flexible spending arrangements under cafeteria plans.CommentsClose CommentsPermalink





Sec. 7. Repeal of increased threshold for itemized deduction for medical expenses.CommentsClose CommentsPermalink





Sec. 8. Repeal of excise tax on indoor tanning services.CommentsClose CommentsPermalink





Sec. 9. Repeal of individual health insurance mandate.CommentsClose CommentsPermalink





Sec. 10. Repeal of employer health insurance mandate.CommentsClose CommentsPermalink





Sec. 11. Repeal of excise tax on medical devices.CommentsClose CommentsPermalink





Sec. 12. Repeal of annual fee on branded prescription drug manufacturers.CommentsClose CommentsPermalink





Sec. 13. Repeal of annual fee on health insurance providers.CommentsClose CommentsPermalink





Sec. 14. Repeal of study and report on repealed provisions.CommentsClose CommentsPermalink

SEC. 2. REPEAL OF EXCISE TAX ON COMPREHENSIVE HEALTH PLANS.

Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I (and by striking the item relating to such section in the table of sections for such chapter).CommentsClose CommentsPermalink

SEC. 3. REPEAL OF SURTAX ON INVESTMENT INCOME.

(a) In General- Subtitle A of the Internal Revenue Code of 1986 is amended by striking chapter 2A and by striking the item relating to chapter 2A from the table of chapters for such subtitle.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 6654 of such Code is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘the tax under chapter 2, and the tax under chapter 2A’ and inserting ‘and the tax under chapter 2’, andCommentsClose CommentsPermalink





(2) in subsection (f)--CommentsClose CommentsPermalink





(A) by striking ‘plus’ at the end of paragraph (2) and inserting ‘minus’, andCommentsClose CommentsPermalink





(B) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2012.CommentsClose CommentsPermalink

SEC. 4. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER DRUGS UNDER HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH SAVINGS ACCOUNTS.

(a) Health Flexible Spending Arrangements and Health Reimbursement Arrangements- Section 106 of the Internal Revenue Code of 1986 is amended by striking subsection (f).CommentsClose CommentsPermalink





(b) HSAs- Subparagraph (A) of section 223(d)(2) of such Code is amended by striking the last sentence.CommentsClose CommentsPermalink





(c) Archer MSAs- Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence.CommentsClose CommentsPermalink





(d) Effective Dates-CommentsClose CommentsPermalink





(1) REIMBURSEMENTS- The amendment made by subsection (a) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2010.CommentsClose CommentsPermalink





(2) DISTRIBUTIONS FROM SAVINGS ACCOUNTS- The amendments made by subsections (b) and (c) shall apply to amounts paid with respect to taxable years beginning after December 31, 2010.CommentsClose CommentsPermalink

SEC. 5. REPEAL OF INCREASE IN TAX ON NONQUALIFIED DISTRIBUTIONS FROM HEALTH SAVINGS ACCOUNTS.

(a) HSAs- Section 223(f)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ‘20 percent’ and inserting ‘10 percent’.CommentsClose CommentsPermalink





(b) Archer MSAs- Section 220(f)(4)(A) of such Code is amended by striking ‘20 percent’ and inserting ‘15 percent’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to distributions made after December 31, 2010.CommentsClose CommentsPermalink

SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS UNDER CAFETERIA PLANS.

(a) In General- Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i).CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after December 31, 2012.CommentsClose CommentsPermalink

SEC. 7. REPEAL OF INCREASED THRESHOLD FOR ITEMIZED DEDUCTION FOR MEDICAL EXPENSES.

(a) In General- Subsection (a) of section 213 of the Internal Revenue Code of 1986 is amended by striking ‘10 percent’ and inserting ‘7.5 percent’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 56(b)(1)(B) of such Code is amended by striking ‘without regard to subsection (f) of such section’ and inserting ‘by substituting ‘10 percent’ for ‘7.5 percent’.CommentsClose CommentsPermalink





(2) Section 213 of such Code is amended by striking subsection (f).CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2012.CommentsClose CommentsPermalink

SEC. 8. REPEAL OF EXCISE TAX ON INDOOR TANNING SERVICES.

(a) In General- Subtitle D of the Internal Revenue Code of 1986 is amended by striking chapter 49 (and by striking the item relating to such chapter in the table of chapters for such subtitle).CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to services performed after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 9. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.

Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Termination- This section shall not apply with respect to any month beginning after the date of the enactment of this subsection.’.CommentsClose CommentsPermalink

SEC. 10. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE.

(a) In General- Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H.CommentsClose CommentsPermalink





(b) Repeal of Related Reporting Requirements- Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting ‘or’ at the end of clause (xxiii), by striking ‘and’ at the end of clause (xxiv) and inserting ‘or’, and by striking clause (xxv).CommentsClose CommentsPermalink





(2) Paragraph (2) of section 6724(d) of such Code is amended by inserting ‘or’ at the end of subparagraph (FF), by striking ‘, or’ at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH).CommentsClose CommentsPermalink





(3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H.CommentsClose CommentsPermalink





(4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056.CommentsClose CommentsPermalink





(5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c).CommentsClose CommentsPermalink





(d) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013.CommentsClose CommentsPermalink





(2) REPEAL OF STUDY AND REPORT- The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 11. REPEAL OF EXCISE TAX ON MEDICAL DEVICES.

(a) In General- Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E (and by striking the item relating to such subchapter in the table of subchapters of such chapter).CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 4221(a) of such Code is amended by striking the last sentence.CommentsClose CommentsPermalink





(2) Section 6416(b)(2) of such Code is amended by striking the last sentence.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to sales after December 31, 2012.CommentsClose CommentsPermalink

SEC. 12. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION DRUG MANUFACTURERS.

(a) In General- The Patient Protection and Affordable Care Act is amended by striking section 9008.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1841(a) of the Social Security Act is amended by striking ‘or section 9008(c) of the Patient Protection and Affordable Care Act of 2009’.CommentsClose CommentsPermalink





(c) Effective Date- The amendment made by this section shall apply to calendar years beginning after December 31, 2011.CommentsClose CommentsPermalink

SEC. 13. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.

(a) In General- The Patient Protection and Affordable Care Act is amended by striking section 9010.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to calendar years beginning after December 31, 2013.CommentsClose CommentsPermalink

SEC. 14. REPEAL OF STUDY AND REPORT ON REPEALED PROVISIONS.

The Patient Protection and Affordable Care Act is amended by striking section 9011.CommentsClose CommentsPermalink