Health Access and Flexibility Act of 2003
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Introduced in House
May 15, 2003
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 concerned.
May 15, 2003
Floor Debate
4 membersWhat members said about H.R. 2114 on the floor




Floor Debate
4 membersWhat members said about H.R. 2114 on the floor
Mr. Speaker, I rise tonight to talk about one of my favorite subjects, health care, and in particular to talk about the Medicare Prescription Drug and Modernization Act of 2003. I am surely thankful…
Mr. Speaker, I thank the gentleman for yielding; and I would add to what the gentleman has just said, he is quite right, we do have a good class on both sides of the aisle and certainly a lot of…
Mr. Speaker, I thank the gentleman from Georgia for yielding time. Mr. Speaker, I rise today to voice my support for the Medicare prescription drug bill that will be considered by the House later…
Mr. Speaker, I would just like to correct the previous speaker. I was the President pro tem of the Florida Senate, not the Assembly or the House. It was the Florida Senate. When I was a Florida…
Mr. Speaker, according to a poll taken just this month in June 2003 by the Winston Group, nearly 50 percent of Americans believe that the uninsured and the high cost of health insurance are one of…
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Mr. Speaker, I rise today to talk about H.R. 2114, the Health Access and Flexibility Act. This bill, Mr. Speaker, will increase access to consumer-based health coverage for all Americans, regardless…
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2114 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2114
To amend the Internal Revenue Code of 1986 to expand medical savings
accounts and to amend title XIX of the Social Security Act to provide
for medical freedom accounts under the Medicaid and State children's
health insurance programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2003
Mr. Burgess (for himself and Mr. Scott of Georgia) 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 concerned
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to expand medical savings
accounts and to amend title XIX of the Social Security Act to provide
for medical freedom accounts under the Medicaid and State children's
health insurance programs.
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 ``Health Access and Flexibility Act of
2003''.
SEC. 2. EXPANSION OF MEDICAL SAVINGS ACCOUNTS.
(a) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
(1) In general.--Subparagraph (A) of section 220(c)(1) of
the Internal Revenue Code of 1986 (relating to eligible
individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means, with respect to any month, any individual if--
``(i) such individual is covered under a
high deductible health plan as of the 1st day
of such month, and
``(ii) such individual is not, while
covered under a high deductible health plan,
covered under any health plan--
``(I) which is not a high
deductible health plan, and
``(II) which provides coverage for
any benefit which is covered under the
high deductible health plan.''.
(2) Repeal of Limitations on Number of Medical Savings
Accounts.--
(A) In general.--Subsections (i) and (j) of section
220 are hereby repealed.
(B) Conforming amendments.--
(i) Paragraph (1) of section 220(c) of such
Code is amended by striking subparagraph (D).
(ii) Section 138 of such Code is amended by
striking subsection (f).
(3) Conforming amendments.--
(A) Section 220(c)(1) of such Code is amended by
striking subparagraph (C).
(B) Section 220(c) of such Code is amended by
striking paragraph (4) (defining small employer) and by
redesignating paragraph (5) as paragraph (4).
(C) Section 220(b) of such Code is amended by
striking paragraph (4) (relating to deduction limited
by compensation) and by redesignating paragraphs (5),
(6), and (7) as paragraphs (4), (5), and (6),
respectively.
(b) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
(1) In general.--Subparagraph (A) of section 220(c)(2) of
such Code (defining high deductible health plan) is amended--
(A) in clause (i) by striking ``$1,500'' and
inserting ``$1,000'', and
(B) in clause (ii) by striking ``$3,000'' and
inserting ``$2,000''.
(2) Cost of living adjustment.--Subsection (g) of section
220 of such Code is amended by striking ``each dollar amount in
subsection (c)(2) shall be increased'' and inserting ``the
$2,250, $4,500, $3,000, and $5,500 amounts in subsection
(c)(2)(A) shall each be increased''.
(c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
(1) In general.--Paragraph (2) of section 220(b) of such
Code is amended to read as follows:
``(2) Monthly limitation.--The monthly limitation for any
month is the amount equal to \1/12\ of the annual deductible
under the type of coverage such individual has for such
month.''
(2) Conforming amendment.--Clause (ii) of section
220(d)(1)(A) of such Code is amended by striking ``75 percent
of''.
(d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
``(4) Coordination with exclusion for employer
contributions.--The limitation which would (but for this
paragraph) apply under this subsection to the taxpayer for any
taxable year shall be reduced (but not below zero) by the
amount which would (but for section 106(b)) be includible in
the taxpayer's gross income for such taxable year.''.
(e) Rollovers to Archer MSAs From Health Flexible Spending
Arrangements..--
(1) In general.--Subsection (d) of section 220 of the
Internal Revenue Code of 1986 (defining Archer MSA) is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Special rule for rollovers from health flexible
spending accounts.--A rollover contribution described in this
paragraph is a transfer from a flexible spending account (as
defined in section 125(h)) to the extent the amount received is
paid into an Archer MSA for the benefit of such holder not
later than the 60th day after the day on which the holder
receives the payment or distribution.''.
(2) Rollover of unused health benefits in cafeteria plans
and flexible spending arrangements.--
(A) In general.--Section 125 of such Code (relating
to cafeteria plans) is amended by redesignating
subsections (h) and (i) as subsections (i) and (j),
respectively, and by inserting after subsection (g) the
following:
``(h) Rollover to Archer Medical Savings Accounts of Certain Unused
Health Benefits.--
``(1) In general.--For purposes of this title, a plan or
other arrangement shall not fail to be treated as a cafeteria
plan solely because qualified benefits under such plan include
a health flexible spending arrangement under which, with
respect to any plan year, health benefits which are unused at
the end of such year may be transferred to an Archer MSA of the
employee.
``(2) Tax treatment of unused health benefits.--Amounts
transferred under paragraph (1) to an Archer MSA shall not be
includible in gross income for such taxable year and shall not
be treated as a contribution for purposes of section 220(a).
``(3) Health flexible spending arrangement.--For purposes
of this subsection, the term `health flexible spending
arrangement' means a flexible spending arrangement (as defined
in section 106(c)) that is a qualified benefit and only permits
reimbursement for expenses for medical care (as defined in
section 213(d)(1) (without regard to subparagraphs (C) and (D)
thereof).
``(4) Unused health benefits.--For purposes of this
subsection, the term `unused health benefits' means the excess
of--
``(A) the maximum amount of reimbursement allowable
for a plan year under a health flexible spending
arrangement, over
``(B) the actual amount of reimbursement for such
year under such arrangement.''.
(B) Conforming amendment.--Section 220(d)(1)(A) of
such Code is amended by inserting ``described in
paragraph (4) or'' after ``contribution''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. MEDICAL FREEDOM ACCOUNTS UNDER THE MEDICAID PROGRAM AND UNDER
THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP).
(a) In General.--Title XIX of the Social Security Act is amended--
(1) by redesignating section 1935 as section 1936; and
(2) by inserting after section 1934 the following new
section:
``medical freedom accounts
``Sec. 1935. (a) Authority.--
``(1) In general.--Notwithstanding any other provision of
this title, a State may amend its State plan under this title
(including in a Statewide waiver under section 1115 relating to
this title) to provide in accordance with this section for the
provision of alternative benefits consistent with subsection
(c) for eligible population groups in one or more geographic
areas of the State specified by the State. An amendment under
the previous sentence is referred to in this section as a
`State plan amendment'.
``(2) Approval.--The Secretary shall not approve a State
plan amendment under paragraph (1) unless the amendment
incorporates the following:
``(A) Creating patient awareness of the high cost
of medical care.
``(B) Providing incentives to patients to seek
preventive care services.
``(C) Reduction in inappropriate use of health care
services.
``(D) Enabling patients to take responsibility for
health outcomes.
``(b) Eligible Populations Groups.--The State plan amendment under
this section shall specify the eligible population groups.
``(c) Alternative Benefits.--
``(1) In general.--The alternative benefits provided under
this section shall consist of at least--
``(A) coverage for medical expenses in a year after
a catastrophic deductible has been met; and
``(B) contribution into a medical freedom account.
``(2) Overriding existing benefits.--The provisions of this
title relating to mandated benefits or cost-sharing or
comparability of benefits (including sections 1902(a)(10) and
1916) shall not apply to an individual or family being provided
alternative benefits under this section.
``(3) Treatment as medical assistance.--Payments for
alternative benefits under this section (including
contributions into a medical freedom account) shall be treated
as medical assistance for purposes of section 1903(a).
``(d) Medical Freedom Account.--
``(1) In general.--For purposes of this section, the term
`medical freedom account' means an account that meets the
requirements of this subsection.
``(2) Contributions.--
``(A) In general.--No contribution may be made into
a medical freedom account except--
``(i) contributions by the State under this
title; and
``(ii) contributions by an employer, which
may not exceed, in the case of an individual
otherwise eligible for benefits under this
title, $1,000 per account per year.
``(B) Limitation.--In no case may a contribution be
made into a medical freedom account if the balance in
such account exceeds $3,500, in the case of an account
for an individual, or $5,500, in the case of an account
for a family.
``(3) Use.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, amounts in a medical
freedom account may be used only for the payment of
medical care (as defined by section 213(d) of the
Internal Revenue Code of 1986), and may only be used
for expenses in the year in which the contribution was
made. The State plan amendment shall provide for a
method whereby withdrawals may be made from the account
for such purposes using an electronic benefits transfer
(EBT) system.
``(B) Rollover permitted.--
``(i) In general.--Subject to clause (ii),
amounts in a medical freedom account at the end
of a year may be rolled over and used in the
following year.
``(ii) Preventive care may be required for
rollover for medicaid beneficiaries.--In the
case of an account holder who is eligible for
benefits under this title in December of a
year, amounts in the medical freedom account at
the end of the year may be rolled over and used
in the following year only apply if the account
holder meets such preventive care requirements
as is provided under the State plan amendment.
``(C) Maintenance of medical freedom account after
becoming ineligible for public benefit.--
Notwithstanding any other provision of law, if an
account holder of a medical freedom account becomes
ineligible for benefits under this title because of an
increase in income or assets, no additional
contribution shall be made into the account under
paragraph (2)(A)(i) but the account shall remain
available to the account holder for withdrawals under
the same terms and conditions as if the account holder
remained eligible for such benefits, except that the
amounts in the account shall be available for the
purchase of health insurance coverage. An account
holder of a medical freedom account, after becoming so
ineligible, is not required to purchase high-deductible
or other insurance as a condition of maintaining or
using the account.
``(4) Administration.--A State shall coordinate
administration of medical freedom accounts through the use of a
third party administrator.
``(5) Treatment.--Amounts in a medical freedom account
shall not be counted as income or assets for purposes of
determining eligibility for benefits under this title.
``(6) Unauthorized withdrawals.--A State may establish
procedures--
``(A) to penalize or remove an individual from the
medical freedom account program based on nonqualified
withdrawals by the individual from such an account; and
``(B) to recoup costs that derive from such
nonqualified withdrawals.''.
(b) Application Under the State Children's Health Insurance Program
(SCHIP).--Section 2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Section 1935 (relating to medical freedom
accounts).''.
(c) Exclusion From Gross Income for Employer Contributions to
Medical Freedom Accounts.--Section 106 of the Internal Revenue Code of
1986 (relating to contributions by employer to accident and health
plans) is amended by adding at the end the following new subsection:
``(d) Contributions to Medical Freedom Accounts.--
``(1) In general.--In the case of an employee who is an
eligible individual, amounts contributed by such employee's
employer to any medical freedom account of such employee shall
be treated as employer-provided coverage for medical expenses
under an accident or health plan to the extent such amounts do
not exceed the limitation under section 1935(d)(2) of the
Social Security Act which is applicable to such employee for
such taxable year.
``(2) No constructive receipt.--No amount shall be included
in the gross income of any employee solely because the employee
may choose between the contributions referred to in paragraph
(1) and employer contributions to another health plan of the
employer.
``(3) Employer medical freedom account contribution
required to be shown on return.--Every individual required to
file a return under section 6012 for the taxable year shall
include on such return the aggregate amount contributed by
employers to the medical freedom accounts of such individual or
such individual's spouse for such taxable year.
``(4) Contributions not part of cobra coverage.--Paragraph
(1) shall not apply for purposes of section 4980B.
``(5) Definitions.--For purposes of this subsection--
``(A) Eligible individual.--The term `eligible
individual' means an individual for whose benefit a
medical freedom account is established under section
1935 of the Social Security Act.
``(B) Medical freedom account.--The term `medical
freedom account' has the meaning given to such term by
section 1935 of the Social Security Act.''.
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