H.R. 3478House111th Congress (2009-2011)In Committee

Patient-Controlled Healthcare Protection Act of 2009

Introduced July 31, 2009

Legislative Activity

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6 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

September 14, 2009

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HouseIntro Referral

Introduced in House

July 31, 2009

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and the Judiciary, 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.

July 31, 2009

HouseIntro Referral

Referred to House Ways and Means

July 31, 2009

HouseIntro Referral

Referred to House Energy and Commerce

July 31, 2009

HouseIntro Referral

Referred to House Judiciary

July 31, 2009

HouseCommittee

Referred to the Subcommittee on Health.

September 8, 2009

HouseCommittee

Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

September 14, 2009

Floor Debate

2 members

What members said about H.R. 3478 on the floor

2 Republicans
Louie Gohmert
Rep. Louie GohmertR-TX-1 · Oct 26, 2009

Thank you, Madam Speaker. I do appreciate this time, and I do appreciate the comments from my friend Mr. King from Iowa, and I do want to follow up on that subject, a little different approach from a…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Oct 26, 2009

Will the gentleman yield? I find it interesting that the government is going to do that to businesses that are being highly successful all across the country, and yet we find ourselves right now in a…

Bill Text

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Introduced in HouseIssued July 31, 2009

I

111th CONGRESS

1st Session

H. R. 3478

IN THE HOUSE OF REPRESENTATIVES

July 31, 2009

Mr. Gohmert introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce and the Judiciary, 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 modify rules relating to health savings accounts, to provide payments for a health savings account and for a high deductible health plan instead of entitlement to benefits under Medicare, Medicaid, and SCHIP, to give more control and coverage to patients, to lower health care costs through increased price transparency, and to require immigrants to have a health savings account and high deductible health coverage at time of admission.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Patient-Controlled Healthcare Protection Act of 2009.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Health Savings Account Reform

Sec. 101. Advantage HSA.

Sec. 102. Health Savings Account reform.

Sec. 103. Advantage HSA grant program.

Sec. 104. Health Savings Account debit card.

Sec. 105. HSA Healthcare Panel.

Title II—Transparency related to health care provider charges

Sec. 201. Transparency requirements related to health care provider charges.

Title III—Immigration-related provisions

Sec. 301. Requirement for immigrant to be covered under high deductible health plan and HSA.

Sec. 302. Reentry of removed alien who received emergency medical assistance.

I

Health Savings Account Reform

101.

Advantage HSA

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 138 the following new section:

138A.

Advantage HSA

(a)

In general

Gross income shall not include any payment to the Advantage HSA of an individual by the Secretary of the Treasury under section 103 of Patient-Controlled Healthcare Protection Act of 2009 or any premium payment under such section for the high deductible health plan with respect to which such Advantage HSA relates.

(b)

Advantage HSA

For purposes of this section, the term Advantage HSA means a health savings account (as defined in section 223(d))—

(1)

which is designated as an Advantage HSA,

(2)

with respect to which no contribution may be made other than—

(A)

a contribution described in subsection (a),

(B)

a contribution in cash without limitation as to amount, or

(C)

a trustee-to-trustee transfer described in subsection (d), and

(3)

the governing instrument of which provides that trustee-to-trustee transfers described in subsection (d) may be made to and from such account.

(c)

Ten percent bonus distribution

(1)

In general

Section 223(f)(2) shall not apply to any bonus distribution from a health savings account.

(2)

Distributions

An eligible Advantage HSA participant may receive 10 percent of excess funds that have been contributed to the individual or household HSA over the deductible in a calendar year. The funds will be directly deposited into the desired account of the participant.

(3)

Bonus distribution

For purposes of this subsection, the term bonus distribution means any distribution which is made during the 30-day period beginning on the first day of the calendar year to the extent such distribution does not exceed an amount equal to the excess (if any) of—

(A)

the fair market value of the assets in such health savings account as of the close of the preceding calendar year, over

(B)

the sum of the annual deductible required to be paid under the plan for covered benefits for the calendar year.

(d)

State certification for high deductible health plans

For purposes of this section—

(1)

In general

For purposes of determining whether or not an individual is an eligible individual, a health plan shall not be treated as a high deductible health plan (as defined under section 223(c)(2)) unless such plan is certified by the State within which the individual’s principal place of abode is located.

(2)

Insurance bidding

If an insurance company is based in the United States, they may offer and sell policies in all States and they may bid on other policies across State lines.

(e)

Trustee-to-Trustee transfer

Section 223(f)(2) shall not apply to any trustee-to-trustee transfer from an Advantage HSA of an account holder to another Advantage HSA or health savings account of such account holder.

(f)

Associations

Employers who choose to participate in the Advantage HSA Program may join together in associations in an effort to purchase less expensive insurance for their employees.

.

(b)

Conforming amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 138 the following new item:

138A. Advantage HSA.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

102.

Health Savings Account reform

(a)

Account-to-Account transfers

(1)

In general

Subparagraph (A) of section 223(f)(5) of the Internal Revenue Code of 1986 is amended by striking a health savings account for the benefit of such beneficiary and inserting any health savings account.

(2)

Limitation

Subparagraph (B) of section 223(f)(5) of such Code is amended—

(A)

by striking Limitation.—This paragraph and inserting the following:

(B)

Limitations

(i)

In general

This paragraph

, and

(B)

by adding at the end of subparagraph (B), as so amended, the following new clause:

(ii)

Transfers to other account beneficiaries

This paragraph shall not apply to any amount described in subparagraph (A) to the extent that immediately after such distribution the fair market value of the account is less than the annual deductible required to be paid under the plan for the calendar year within which the distribution is made.

.

(b)

Migrant worker HSA

Section 223 of such Code is amended by adding at the end the following new subsection:

(i)

Migrant worker HSA

(1)

In general

An employer may establish for the benefit of any eligible employee a health savings account.

(2)

Eligible employee

For purposes of this subsection, the term eligible employee means any individual (other than a citizen or resident of the United States)—

(A)

with respect to whom the employee provides remuneration for employment, and

(B)

who is lawfully present in the United States and has been granted authorization to engage in employment in the United States.

.

(c)

Other reforms

Section 223 of such Code is amended as follows:

(1)

By striking paragraphs (1) through (4) and (6) through (8) of subsection (b) and by redesignating paragraph (5) as paragraph (1).

(2)

By inserting after paragraph (1), as so redesignated, the following new paragraph:

(2)

Household HSA

In the case of health savings accounts with respect to which individuals who are members of the same household are the account beneficiaries, upon filing the return of tax for any taxable year, each such individual shall include on the return each social security number of all participating members of such individual’s household.

.

(3)

By amending paragraph (1) of subsection (c) to read as follows:

(1)

Eligible individual

The term eligible individual means any individual.

.

(4)

By amending subsection (c)(2)(A) to read as follows:

(A)

In general

The term high deductible health plan means a health plan which has an annual deductible which is not less than—

(i)

$2,500 for self-only coverage, and

(ii)

$3,500 for family or household coverage.

.

(5)

By striking subparagraph (B) of subsection (c)(2) and redesignating subparagraphs (C) and (D) thereof as subparagraphs (B) and (C), respectively.

(6)

By adding at the end of subsection (c)(2), as so amended, the following new subparagraph:

(D)

Other requirements

An Advantage HSA plan will offer the following to the individual or household participants—

(i)

the plan shall not require that an individual see a general physician prior to a seeing specialist, and

(ii)

coverage may not be denied based on a pre-existing condition of an individual.

.

(7)

By adding at the end of subparagraph (A) of subsection (d)(2) the following: Such term shall include any expense which is on the list of eligible healthcare expenses most recently submitted by the HSA Healthcare Panel under section 105(b)(2) of the Patient-Controlled Healthcare Protection Act of 2009..

(8)

By striking the individual in subsection (d)(3) and inserting an individual.

(9)

By adding at the end of subsection (e) the following new paragraph:

(3)

Exception

In the case of a termination occurring after the date of the enactment of the Patient-Controlled Healthcare Protection Act of 2009, in lieu of being treated as a distribution not used to pay qualified medical expenses, such amounts shall be transferred by the account beneficiaries to another health savings account.

.

(10)

In subsection (f), by striking paragraphs (2), (3), (5), and (8) of and redesignating paragraphs (4), (6), and (7) as paragraphs (2), (3), and (4), respectively.

(11)

By amending paragraph (2) of subsection (f), as so redesignated, to read as follows:

(2)

Amounts not used for qualified medical expenses

Any amount paid or distributed out of a health savings account which is not used exclusively to pay the qualified medical expenses of an account beneficiary shall be recontributed by the beneficiary to such health savings account.

.

(12)

By adding at the end (as amended by this Act) the following new subsection:

(j)

Other special rules

For purposes of this section—

(1)

Investment of HSA funds

Account beneficiaries may invest any amount in their health savings account in excess of their deductible in inflation-proof United States bonds.

(2)

Termination of household

Any account beneficiaries of a household HSA shall sign an agreement as to distribution of amounts from such HSA prior to termination of the HSA, which will be kept on file with the entity in which the HSA funds are being held.

(3)

Portability

An individual or household participant owns their HSA and insurance policy (if they choose to have one) and therefore the policies are portable.

.

(d)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

103.

Advantage HSA payment program

(a)

In general

The Advantage HSA payment program provided under this section shall be in lieu of entitlement to, and eligibility for, benefits and assistance described in subsection (d)(2). Effective on the date the Advantage HSA payment program is established, titles XVIII, XIX, and XXI of the Social Security Act are repealed, except for purposes of determining whether an individual is an Advantage eligible individual under this section.

(b)

HSA contributions

In the case of an individual or household who is eligible for an Advantage HSA, the Secretary of Treasury, in consultation with the Secretary of Health and Human Services, shall pay an annual amount to the Advantage HSA of the individual or household.

(c)

HSA premium assistance

The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall establish a program under which the Secretary of the Treasury shall pay the premiums for the high deductible health plan with respect to the Advantage HSA of such individual. Such program shall provide for prorated payment of such premiums in the case that such individual is not an Advantage eligible individual for a full calendar year.

(d)

Advantage eligible individual

For purposes of this section—

(1)

In general

The term Advantage eligible individual means, with respect to any month, any individual—

(A)

who is an eligible individual (as defined in section 223(c) of the Internal Revenue Code of 1986); and

(B)
(i)

who is Advantage eligible; or

(ii)

whose dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) or spouse is Advantage eligible (but only if an election under this section is in effect with respect to such spouse or dependent).

(2)

Advantage eligible

The term Advantage eligible means, with respect to any month—

(A)

entitled, as of the 1st day of such month, to benefits under part A of title XVIII of the Social Security Act or to enroll under part B of such title, or

(B)

eligible, as of the 1st day of such month, for medical or child health assistance under title XIX or XXI of such Act (other than under section 1928 of such Act).

(e)

Applicable annual amount

For purposes of this section—

(1)

In general

The term applicable annual amount means $2,500.

(2)

Additional amount

In the case of an Advantage HSA eligible household, $3,500.

(f)

Definitions

Except as otherwise provided, terms used in this section shall have the same respective meanings as when used in sections 138A and 223 of the Internal Revenue Code of 1986.

(g)

Regulations

The Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations providing for the following:

(1)

Recapture of amounts paid under subsection (a) (and any earnings attributable thereto) which are distributed out of an Advantage HSA and not used exclusively to pay qualified medical expenses of the account beneficiary.

(2)

Ensuring that not more than the applicable annual amount under paragraph (1) of subsection (d) (and any additional amount under paragraph (2) of such subsection) shall be paid with respect to any individual, the spouse of such individual, and all dependents with respect to such individual.

(3)

Ensuring that all individuals with respect to whom an election has been made under this section are covered under the high deductible plan to which the applicable Advantage HSA relates.

104.

Health Savings Account debit card

(a)

In general

The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall establish a program under which trustees of health savings accounts can issue debit cards with which account beneficiaries may pay for qualified medical expenses (as defined in section 223 of the Internal Revenue Code of 1986). Such program shall provide for the following:

(1)

Participation from health care providers and vendors of products the purchase of which qualifies as a qualified medical expense (as so defined).

(2)

A uniform coding system implemented by such providers and vendors such that such debit cards may not be used to purchase services or products which are not qualified medical expenses (as so defined).

(3)

That prior to payment with such card such providers and vendors require presentation an identification card that matches the individual identified on the debit card and provides a photograph and is issued by a State or the Federal Government, or a document that, with respect to identification of the individual identified on the debit card, is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of this Act).

(4)

That the individual presenting such debit card for payment sign a statement that affirms payment is for a qualified medical expense with respect to such individual and which acknowledges that use of such debit card for any other expense constitutes a false statements or misrepresentations which may subject the purchaser to criminal penalties under section 1001 of title 18, United States Code, which notice specifies the maximum fine and term of imprisonment under such section.

(b)

Submission of information

Each trustee of a health savings account shall submit to the HSA Healthcare Panel (established under section 105) a report detailing all purchases made with debit cards from health savings accounts of the trustee. Such report shall not contain any personal information of the account beneficiaries of such health savings accounts.

(c)

Health savings account; Qualified medical expenses

For purposes of this section, the terms health savings account and qualified medical expenses shall have the respective meanings given such terms by section 223 of the Internal Revenue Code of 1986.

105.

HSA Healthcare Panel

(a)

Establishment

There is established a Panel to be known as the HSA Healthcare Panel (in this section referred to as the Panel).

(b)

Duties

(1)

Review of qualified medical expenses

The Panel shall review the reports and other information submitted to the Panel under section 104 or requested by the Panel and review appropriate information regarding the healthcare treatments, services, and products that are potentially treatable as qualified medical expenses for purposes of section 223 of the Internal Revenue Code of 1986.

(2)

Report

The Panel shall, not later than 1 year after the date of enactment of this Act and annually thereafter submit a report to Congress providing a new list of eligible healthcare expenses.

(c)

Membership

(1)

In general

The Panel shall be comprised of 101 members.

(2)

Appointments

(A)

Voting member and chair

The Surgeon General of the United States shall be a voting member of the Panel, and shall be the chairperson.

(B)

Other voting members

The Governor of each State shall appoint 2 voting members to the Panel, one of whom shall be a health care specialist and one of whom shall not be a health care specialist.

(3)

Date of appointments

The appointment of a members of the Panel shall be made not later than 60 days after the date of the enactment of this Act.

(4)

Term

Members shall be appointed for 1-year terms.

(5)

Vacancies

A vacancy in the Panel shall be filled not later than 60 days after such vacancy occurs and in the manner in which the original appointment was made.

(d)

Powers of panel

(1)

Meetings and hearings

(A)

In general

The Panel shall meet upon the call of the chairperson or a majority of its voting members. Such meetings, to the extent practicable, may be conducted over the internet or in person.

(B)

Hearings

The Panel may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence to carry out its duties under this section. The Panel may administer oaths or affirmations to witnesses appearing before it.

(2)

Obtaining official information

(A)

Requirement to furnish

Except as provided in subparagraph (B), if the Panel submits a request to a Federal department or agency for information necessary to enable the Panel to carry out this section, the head of that department or agency shall furnish that information to the Panel.

(B)

Exception for national security

If the head of a Federal department or agency determines that it is necessary to withhold requested information from disclosure to protect the national security interests of the United States, the department or agency head shall not furnish that information to the Panel.

(3)

Mails

The Panel may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(4)

Contracts

The Panel may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).

(e)

Pay and Reimbursement

(1)

No compensation for members of Panel

Except as provided in paragraph (2), a member of the Panel may not receive pay, allowances, or benefits by reason of the member’s service on the Panel.

(2)

Travel Expenses

Each member shall receive travel expenses, including per diem in lieu of subsistence under subchapter I of chapter 57 of title 5, United States Code.

(f)

Quorum

Thirty members of the Panel shall constitute a quorum, but a lesser number may hold hearings.

II

Transparency related to health care provider charges

201.

Transparency requirements related to health care provider charges

(a)

In general

Notwithstanding any other provision of law, a health care provider shall provide to an individual who is scheduled to receive a service or treatment the following:

(1)

Actual prices to be charged

The actual price that the health care provider will charge for the service or treatment.

(2)

Payment rates applicable to other entities

In the case such charge amount for the service or treatment is different from—

(A)

the rate of payment for the service or treatment to the health care provider that has been negotiated by or on behalf of the provider with a network plan or managed care plan;

(B)

the rate of payment for the service or treatment applicable to the provider under the Medicare program under title XVIII; or

(C)

such charge amount or payment rate that is applicable with respect to any other entity;

the amount of such different rate of payment or charge amount and a description of the type of entity to which such rate or charge applies (without naming such entity).
(b)

Application of requirement on request

A health care provider is required to provide the applicable information under subsection (a) for a service or treatment when requested by anyone in person, or by phone, fax, or email.

(c)

Clarification

Nothing in this section shall be construed as preventing a health care provider from providing a service or treatment free of charge as a charitable gesture without publicly disclosing the individual to whom such charitable service or treatment has been provided.

(d)

Effective date

The requirement under subsection (a) shall apply with respect to services and treatments provided on or after the date that is 60 days after the date of the enactment of this Act.

III

Immigration-related provisions

301.

Requirement for immigrant to be covered under high deductible health plan and HSA

Notwithstanding any other provision of law, a consular officer (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) may not issue or renew an immigrant visa to an alien unless the alien presents evidence (which may be in the form of an attestation by a sponsoring employer or individual United States citizen in whose household the alien intends to reside who will be responsible for providing the requisite coverage) that the alien (and the alien’s spouse and children who are accompanying or following to join the alien) will be covered under a high deductible health plan (as defined in section 223 of the Internal Revenue Code of 1986) and will be an account beneficiary of a health savings account under such section after the alien’s admission to the United States as an immigrant and for the duration of the alien’s residence in the United States, or be subject to removal.

302.

Reentry of removed alien who received emergency medical assistance

Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended—

(1)

in paragraph (3), by striking . or at the end;

(2)

in paragraph (4), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(5)

whose removal was subsequent to the provision of medical assistance pursuant to section 401(b)(1)(A) of the Personal Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1611(b)(1)(A)), such alien shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.

.