S. 906Senate108th Congress (2003-2005)In Committee

Health Care Access for Small Businesses Act of 2003

Introduced April 11, 2003

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S5361-5363)

April 11, 2003

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SenateIntro Referral

Introduced in Senate

April 11, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5120-5121)

April 11, 2003

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S5361-5363)

April 11, 2003

Floor Debate

23 members

What members said about S. 906 on the floor

8 Republicans15 Democrats
Arlen Specter
Sen. Arlen SpecterR-PA · Apr 11, 2003

Madam President, I rise to speak about the subject of taxation from a little different perspective, a legislative proposal which, if adopted, would add very considerably to productivity in America,…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Apr 11, 2003

Madam President, I rise today to introduce legislation that will provide State and local governments the flexibility they need for preparedness activities associated with the planning, procurement…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Apr 11, 2003

Mr. President, I rise today in support of The Unemployment Benefits Extension Act of which I am a proud cosponsor. The purpose of this bill is to extend the Temporary Extended Unemployment…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Apr 11, 2003

Mr. President, article I, section 8, clauses 12 and 13 are the source of Congress' power regarding the Army and the Navy. Interestingly, while clause 12 of the Constitution gives Congress the power…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Apr 11, 2003

Mr. President, today, my colleagues and I are introducing legislation to recognize the enormous contributions of immigrants in the military. The Naturalization and Family Protection for Military…

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Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Apr 11, 2003

Madam President, I rise today to introduce the Terrorist Victim Citizenship Relief Act, a bill that would provide citizenship relief to many families adversely affected by the attacks of September…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Apr 11, 2003

Madam President, today I am pleased to join my colleague, Senator Collins, in introducing legislation that would create the United States Consensus Council. This council would be a nonprofit,…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Apr 11, 2003

Mr. President, I rise today to introduce the Broadband Internet Access Act of 2003. Last year, this bill had broad bipartisan support with 65 cosponsors. Its companion legislation in the House of…

Judd Gregg
Sen. Judd GreggR-NH · Apr 11, 2003

Mr. President, today I rise to introduce legislation reauthorizing the Museum and Library Services Act. I am joined in this effort by Senator Reed, Senator Frist, Senator Kennedy, Senator Enzi, and…

Patty Murray
Sen. Patty MurrayD-WA · Apr 11, 2003

Mr. President, I am pleased today to introduce the Supporting Success for High Need Students Act, and I thank Senator Collins and Senator Kennedy for joining me in offering this legislation. In…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Apr 11, 2003

Mr. President, I rise to introduce the ``State and Local Reservist First Responders Assistance Act of 2003.'' My bill would reimburse State and local governments for the additional costs they incur…

John F. Kerry
Sen. John F. KerryD-MA · Apr 11, 2003

Madam President, I am extremely pleased to join with my colleague Senator Santorum today to introduce the Workplace Religious Freedom Act of 2003. Senators Ensign, Mikulski, Smith, Murray, Hatch,…

Rick Santorum
Sen. Rick SantorumR-PA · Apr 11, 2003

Mr. President, today I am pleased to join concerned colleagues, both Republicans and Democrats, as well as concerned citizens, including Christians, Jews, Muslims, and Sikhs among many other faiths.…

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Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Apr 11, 2003

Mr. President, the tragic events of September 11, 2001, and the ongoing military action in Iraq have changed the way that our country thinks about defense policy, including about how we protect our…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Apr 11, 2003

Madam President, today I rise to introduce the Health Care Access for Small Businesses Act of 2003. Last month, thousands of Americans participated in a week-long discussion about covering the…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Apr 11, 2003

Madam President, today I rise to introduce the Health Care Access for Small Businesses Act of 2003. Last month, thousands of Americans participated in a week-long discussion about covering the…

Sam Brownback
Sen. Sam BrownbackR-KS · Apr 11, 2003

Mr. President, I am pleased to join Senator Kennedy today in introducing legislation to honor the contributions of immigrants who have shown their dedication both to this country and to creating a…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Apr 11, 2003

Madam President, I rise to introduce a bill with great significance for snowmachine and snowmobile advocates both in Alaska and nationwide. As many of my colleagues know, the use of snowmobiles is…

Carl Levin
Sen. Carl LevinD-MI · Apr 11, 2003

Madam President, today I am pleased to introduce, with Senators Alexander, Bingaman and Warner, legislation that would authorize increased funding for the Department of Energy's, DoE, Office of…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 11, 2003

Mr. President, the American people are united in support of our service members, many of whom are serving today in Iraq, Afghanistan, and elsewhere abroad. We have the finest Armed Forces in the…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Apr 11, 2003

Madam President, I rise today to introduce legislation to preserve important non-homeland security missions in the Department of Homeland Security. I am pleased to be joined by the Senator from…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Apr 11, 2003

Madam President, I rise today to introduce the ``National Mormon Pioneer Heritage Area Act of 2003.'' The story behind and about the Mormon pioneers' 1400 mile trek from Illinois to the Great Salt…

Conrad R. Burns
Sen. Conrad R. BurnsR-MT · Apr 11, 2003

Mr. President, I rise today to introduce a piece of legislation that helps a large number of family farmers on the border of Montana and North Dakota. The Lower Yellowstone Irrigation Projects Title…

Harry Reid
Sen. Harry ReidD-NV · Apr 11, 2003

Mr. President, I rise today for myself, Senator Kennedy, Senator Durbin, Senator Brownback, Senator Coleman, Senator McCain, Senator Schumer, Senator Boxer, Senator Leahy, and Senator Hagel to…

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 11, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 906 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 906

To provide for the certification of programs to provide uninsured
employees of small businesses access to health coverage, and for other
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 11, 2003

Ms. Stabenow introduced the following bill; which was read twice and
referred to the Committee on Finance

_______________________________________________________________________

A BILL

To provide for the certification of programs to provide uninsured
employees of small businesses access to health coverage, and for other
purposes.

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 Care Access for Small
Businesses Act of 2003''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) For most of the past 16 years, the number of Americans
without health insurance has been on the rise, reaching more
than 41,000,000 in 2002.
(2) People without health insurance are less likely to get
preventive care and often delay or forgo needed care. They are
therefore more likely than those with health insurance to be
hospitalized for conditions that could have been avoided.
(3) Not only are the health and financial circumstances of
uninsured Americans adversely affected by the lack of health
insurance, their care is ultimately being paid for in the least
efficient manner: after they get sick.
(4) People who were uninsured during any part of 2001
received $99,000,000,000 in care, of which $34,500,000,000 was
not paid for either out of pocket or by a private or public
insurance source. Federal, State, and local governments covered
85 percent of such uncompensated care, amounting to
$30,000,000,000.
(5) Private health insurance enrollees also help pay for
uncompensated care through higher premiums.
(6) Covering more Americans will not only contribute to
better overall health, it will lower the amount of health care
costs assumed by taxpayers, businesses, and consumers.
(7) Helping small businesses gain access to affordable
health care benefits is essential to insuring more Americans.
(8) Eighty-two percent of uninsured people are part of
working families.
(9) More than \1/2\ of small businesses with less than 50
employees do not offer their employees health insurance.
(10) Innovative community-based solutions have developed
and should serve as a model for insuring more Americans.

SEC. 3. THREE-SHARE PROGRAMS.

The Social Security Act (42 U.S.C. 301 et seq.) is amended by
adding at the end the following:

``TITLE XXII--PROVIDING FOR THE UNINSURED

``SEC. 2201. THREE-SHARE PROGRAMS.

``(a) Certification.--
``(1) In general.--The Secretary, acting through the
Administrator, shall promulgate regulations for the
certification of three-share programs for purposes of section
36 of the Internal Revenue Code.
``(2) Three-share program requirements.--
``(A) In general.--The Administrator shall require,
for purposes of a certification under regulations under
paragraph (1) that each three-share program shall--
``(i) be either a non-profit or local
governmental entity;
``(ii) define a region in which such
program will provide services;
``(iii) have the capacity to carry out
administrative functions of managing health
plans, including monthly billings,
verification/enrollment of eligible employers
and employees, maintenance of membership
rosters, development of member materials (such
as handbooks and identification cards),
customer service, and claims processing; and
``(iv) have community involvement, as
determined by the Administrator.
``(B) Payment.--To obtain the certification
described in paragraph (1), a three-share program shall
pay the costs of services provided under subparagraph
(A)(ii) by charging a monthly premium for each covered
individual to be divided as follows:
``(i) Not more than thirty percent of such
fee shall be paid by a qualified employee
desiring coverage under the three-share
program.
``(ii) At least seventy percent of such fee
shall be paid by the qualified employer of such
a qualified employee.
``(3) Coverage.--
``(A) In general.--To obtain the certification
described in paragraph (1) a 3-share program shall
provide at least the following benefits:
``(i) Physicians services.
``(ii) In-patient hospital services.
``(iii) Out-patient services.
``(iv) Emergency room visits.
``(v) Emergency ambulance services.
``(vi) Diagnostic lab fees and x-rays.
``(vii) Prescription drug benefits.
``(B) Limitation.--Nothing in subparagraph (A)
shall be construed to require that a three-share
program provide coverage for services performed outside
the region described in paragraph (2)(A)(i).
``(C) Preexisting conditions.--A program described
in subparagraph (A) shall not be eligible for
certification under paragraph (1) if any individual can
be excluded from coverage under such program because of
a preexisting health condition.
``(b) Startup Grants for Three-Share Programs.--
``(1) Establishment.--The Administrator may award startup
grants to eligible entities to establish three-share programs
for certification under subsection (a).
``(2) Three-share program plan.--Each entity desiring a
grant under this subsection shall develop a plan for the
establishment and operation of a three-share program that meets
the requirements of paragraphs (2) and (3) of subsection (a).
``(3) Application.--Each entity desiring a grant under this
subsection shall submit an application to the Administrator at
such time, in such manner and containing such information as
the Administrator may require, including--
``(A) the three-share program plan described in
paragraph (2); and
``(B) an assurance that the eligible entity will--
``(i) determine a benefit package;
``(ii) recruit businesses and employees for
the three-share program;
``(iii) build and manage a network of
health providers or contract with an existing
network or licensed insurance provider; and
``(iv) manage all administrative needs.
``(4) Number of grants.--An eligible entity may receive
only 1 grant under this subsection for each three-share program
and may not receive a grant for such program under both this
subsection and subsection (c).
``(c) Grants for Existing Three-Share Programs To Meet
Certification Requirements.--
``(1) In general.--The Administrator may award grants to
three-share programs that are operating on the date of
enactment of this section, to assist such programs in meeting
the certification requirements of subsection (a).
``(2) Number of grants.--An eligible entity may receive
only 1 grant under this subsection for a three-share program
and may not receive a grant for such program under both this
subsection and subsection (b).
``(3) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Administrator at such time, in such manner, and containing such
information as the Administrator may require.
``(d) Risk Pool Grants.--
``(1) In general.--The Administrator may award grants to
eligible entities administering certified three-share programs
to enhance the risk pools of such programs.
``(2) Number of grants.--An eligible entity administering a
three-share program described in paragraph (1) may receive only
1 grant under this subsection for such three-share program.
``(3) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Administrator at such time, in such manner, and containing such
information as the Administrator may require.
``(e) Application of State Laws.--Nothing in this Act shall be
construed to preempt State law.
``(f) Distressed Business Formula.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Administrator of the Health
Resources and Services Administration shall develop a formula
to determine which businesses qualify as distressed businesses
for purposes of this Act.
``(2) Effect on insurance market.--Granting eligibility to
a distressed business using the formula under paragraph (1)
shall not interfere with the insurance market. Any business
found to have reduced benefits to qualify as a distressed
business under the formula under paragraph (1) shall not be
eligible for any three-share program certified pursuant to this
section.
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Health Resources and Services
Administration.
``(2) Covered individual.--The term `covered individual'
means--
``(A) a qualified employee; or
``(B) a child under the age of 23 or a spouse of
such qualified employee who--
``(i) lacks access to health care coverage
through their employment or employer;
``(ii) lacks access to health coverage
through a family member;
``(iii) is not eligible for coverage under
the medicare program under title XVIII or the
medicaid program under title XIX; and
``(iv) does not qualify for benefits under
the State Children's Health Insurance Program
under title XXI.
``(3) Distressed business.--The term `distressed business'
means a business that--
``(A) in light of economic hardship and rising
health care premiums may be forced to discontinue or
scale back its health care coverage; and
``(B) qualifies as a distressed business according
to the formula under subsection (f).
``(4) Eligible entity.--The term `eligible entity' means an
entity that meets the requirements of subsection (a)(2)(A).
``(5) Full time.--The term `full time', for purposes of
employment, means regularly working at least 35 hours per week.
``(6) Qualified employee.--The term `qualified employee'
means any individual employed by a qualified employer who meets
certain criteria including--
``(A) working full time;
``(B) lacking access to health coverage through a
family member or common law partner;
``(C) not being eligible for coverage under the
medicare program under title XVIII or the medicaid
program under title XIX; and
``(D) agreeing that the share of fees described in
subsection (a)(2)(B)(i) shall be paid in the form of
payroll deductions from the wages of such individual.
``(7) Qualified employer.--The term `qualified employer'
means an employer as defined in section 3(d) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(d)) who--
``(A) is a small business concern as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632);
``(B) is located in the region described in
subsection (a)(2)(A)(i); and
``(C) has not contributed to the health care
benefits of its employees for at least 12 months
consecutively or currently provides insurance but is
classified as a distressed business.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2004
and such sums as may be necessary for each subsequent fiscal year.''.

SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE
PROGRAM.

(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and inserting
after section 35 the following new section:

``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM.

``(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against the tax imposed by this subtitle an
amount equal to 40 percent of the costs of a three-share program
resulting from the participation of the taxpayer in such program during
the taxable year.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any employer which pays or incurs at least 70
percent of the costs of a three-share program resulting from the
participation of the taxpayer in such program during the taxable year.
``(c) Three-Share Program.--For purposes of this section, the term
`three-share program' means an employee health care coverage program
approved for participation by an eligible employer pursuant to title
XXII of the Social Security Act.
``(d) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to costs
of a three-share program taken into account under subsection (a).
``(e) Advanced Refundability.--The Secretary shall provide for the
advanced refundability of the credit allowed under this section to be
made in quarterly payments to taxpayers providing such information as
the Secretary requires in order to make a proper determination of such
payments.
``(f) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(2) The table of sections for subpart C of part IV of
chapter 1 of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following new items:

``Sec. 36. Employer costs of three-share
program.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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