H.R. 4414House113th Congress (2013-2015)Passed House

Expatriate Health Coverage Clarification Act of 2014

Introduced April 7, 2014

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

April 30, 2014

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HouseIntro Referral

Introduced in House

April 7, 2014

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and the Workforce, the Judiciary, Natural Resources, and House Administration, 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.

April 7, 2014

HouseCommittee

Referred to the Subcommittee on Immigration and Border Security.

April 8, 2014

HouseFloor

Mr. Nunes moved to suspend the rules and pass the bill.

April 9, 2014 • 12:34 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3067-3072; text of measure as introduced: CR H3067)

April 9, 2014 • 12:34 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4414.

April 9, 2014 • 12:34 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

April 9, 2014 • 1:02 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3123-3124)

April 9, 2014 • 5:46 PM

HouseFloor

Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 257 - 159 (Roll no. 174).

April 9, 2014 • 5:54 PM

HouseFloor

On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 257 - 159 (Roll no. 174).

April 9, 2014 • 5:54 PM

HouseFloor

Rules Committee Resolution H. Res. 555 Reported to House. Rule provides for consideration of H.R. 4414 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that the amendment printed in Report No. 113-422 shall be considered as adopted.

April 28, 2014 • 6:37 PM

HouseFloor

Rule H. Res. 555 passed House.

April 29, 2014 • 2:26 PM

HouseFloor

Considered under the provisions of rule H. Res. 555. (consideration: CR H3266-3275)

April 29, 2014 • 2:27 PM

HouseFloor

Rule provides for consideration of H.R. 4414 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that the amendment printed in Report No. 113-422 shall be considered as adopted.

April 29, 2014 • 2:28 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 4414.

April 29, 2014 • 2:28 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H3274)

April 29, 2014 • 3:14 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 268 - 150 (Roll no. 182).(text: CR H3266-3267)

April 29, 2014 • 3:45 PM

HouseFloor

On passage Passed by the Yeas and Nays: 268 - 150 (Roll no. 182). (text: CR H3266-3267)

April 29, 2014 • 3:45 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 29, 2014 • 3:45 PM

SenateIntro Referral

Received in the Senate.

April 30, 2014

Floor Debate

18 members

What members said about H.R. 4414 on the floor

7 Republicans11 Democrats
Rob Woodall
Rep. Rob WoodallR-GA-7 · Jul 30, 2014

Mr. Speaker, I appreciate you being down with me here tonight. It took me awhile to get my materials over here because the topic I have tonight is the topic of what this House has been doing to make…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Jul 30, 2014

I thank the gentleman from Georgia for organizing this very informative Special Order tonight. You are right: I came here to make a difference. I came here to be part of a team that wants to relight…

Sander M. Levin
Rep. Sander M. LevinD-MI-9 · Apr 29, 2014

Mr. Speaker, I yield myself such time as I shall consume. There is no doubt about where Democrats stand. We have taken the lead to make sure there is no offshoring, and there has been a good faith…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Apr 29, 2014

Mr. Speaker, I want to thank the gentleman from Texas (Mr. Burgess) for yielding me the customary 30 minutes. Mr. Speaker, I yield myself such time as I may consume. (Mr. McGOVERN asked and was given…

Devin Nunes
Rep. Devin NunesR-CA-22 · Apr 9, 2014

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4414) to clarify the treatment under the Patient Protection and Affordable Care Act of health plans in which expatriates are the…

Show 8 more
Devin Nunes
Rep. Devin NunesR-CA-22 · Apr 29, 2014

Mr. Speaker, pursuant to House Resolution 555, I call up the bill (H.R. 4414) to clarify the treatment under the Patient Protection and Affordable Care Act of health plans in which expatriates are…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Apr 9, 2014

Madam Speaker, I yield myself such time as I may consume. The Republicans have branded this bill as clarification. But what demands clarification is the cold, hard fact that this legislation is a…

Randy Hultgren
Rep. Randy HultgrenR-IL-14 · Jul 30, 2014

Thank you so much. I want to thank my good friend from Georgia for hosting this hour. It is so important to talk about what really matters to people--our constituents, hardworking families--who are…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Apr 29, 2014

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 555 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Xavier Becerra
Rep. Xavier BecerraD-CA-34 · Apr 29, 2014

I thank the gentleman for yielding me the time. Mr. Speaker, let me say in advance that I appreciate the work that has been done by any number of Members with regard to this legislation. Many people…

Todd Rokita
Rep. Todd RokitaR-IN-4 · Jul 30, 2014

I thank the gentleman for yielding. I thank the gentleman for organizing this here tonight. I think the gentleman is exactly right. We need leadership. Leaders are supposed to lead. When you look at…

John C. Carney, Jr.
Rep. John C. Carney, Jr.D-DE · Apr 29, 2014

Mr. Speaker, last week, when I was back home in my district in Delaware getting a workout at the YMCA in my hometown of Wilmington, a man came up to me as I was on the exercise bike and said: Excuse…

John C. Carney, Jr.
Rep. John C. Carney, Jr.D-DE · Apr 9, 2014

Madam Speaker, I want to thank the gentleman for yielding, and thank him for his hard work on this very serious issue that affects both our States, Delaware and California. Madam Speaker, in a State…

Show 11 more
Charles W. Dent
Rep. Charles W. DentR-PA-15 · Apr 29, 2014

Mr. Speaker, I rise today in strong support of H.R. 4414, the Expatriate Health Care Coverage Clarification Act. I do want to point out that the American people do expect us to work together in a…

Xavier Becerra
Rep. Xavier BecerraD-CA-34 · Apr 9, 2014

I thank the gentleman for yielding. Madam Speaker, let me first acknowledge the work that has been done by so many of our colleagues here bipartisanly, the gentleman from Delaware, the gentleman from…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Apr 29, 2014

I thank the gentleman for yielding to me. Mr. Speaker, my colleagues, this is a bill that could have been worked out. This is a bill that could have accomplished the purpose that I know that our…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Apr 9, 2014

I thank the gentleman for yielding to me. Madam Speaker, I want to say to my friend from Vermont, a member of my committee, that this is not the way to pass laws. This is not the way to correct…

Ron Kind
Rep. Ron KindD-WI-3 · Apr 29, 2014

Mr. Speaker, I thank my friend and colleague for yielding me this time. Mr. Speaker, I rise in support of this legislation before us today not because I believe it is a perfect answer to a problem…

Peter Welch
Rep. Peter WelchD-VT · Apr 29, 2014

Mr. Speaker, I support this bill. There are really two issues at stake. One is preserving the integrity of the ACA, the Obama health care bill. There is huge division in this Congress as to whether…

Peter Welch
Rep. Peter WelchD-VT · Apr 9, 2014

I thank the gentleman for yielding. Madam Speaker, I am a strong ACA supporter. We have got to improve it. We have got to make it work, and that is the reason why I am supporting this legislation.…

Jim Costa
Rep. Jim CostaD-CA-16 · Apr 29, 2014

Mr. Speaker, I thank the ranking member, Mr. Levin, for the 2 minutes. I rise today to speak in favor of H.R. 4414, the Expatriate Health Coverage Clarification Act. I am a cosponsor of this bill…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 10, 2014

Mr. Speaker, on April 9 and 10, 2014, I was unavoidably detained attending to representational activities in my congressional district, including attendance at the memorial services for the victims…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 28, 2014

Mr. Speaker, on April 9 and 10, 2014, I was unavoidably detained attending to representational activities in my congressional district, including attendance at the memorial services for the victims…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · May 6, 2014

Mr. Speaker, I rise today in opposition to the latest version of H.R. 4414, the Expatriate Health Coverage Clarification Act of 2014. I want to commend my colleague John Carney on his efforts to…

Bill Text

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Received in SenateIssued April 30, 2014

II

113th CONGRESS

2d Session

H. R. 4414

IN THE SENATE OF THE UNITED STATES

April 30, 2014

Received

AN ACT

To clarify the treatment under the Patient Protection and Affordable Care Act of health plans in which expatriates are the primary enrollees, and for other purposes.

1.

Short title

This Act may be cited as the Expatriate Health Coverage Clarification Act of 2014.

2.

Treatment of expatriate health plans under ACA

(a)

In general

Subject to subsection (b), the provisions of (including any amendment made by) the Patient Protection and Affordable Care Act (Public Law 111–148) and of title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152) shall not apply with respect to—

(1)

expatriate health plans;

(2)

employers with respect to any such plans for which such employers are acting as plan sponsors; or

(3)

expatriate health insurance issuers with respect to coverage offered by such issuers under such plans.

(b)

Minimum essential coverage and eligible employer-Sponsored plan

For purposes of section 5000A(f) of the Internal Revenue Code of 1986, and any other section of the Internal Revenue Code of 1986 that incorporates the definition of minimum essential coverage provided under such section 5000A(f) by reference, coverage under an expatriate health plan shall be deemed to be minimum essential coverage under an eligible employer-sponsored plan as defined in paragraph (2) of such section.

(c)

Qualified expatriates and dependents not United States health risk

(1)

In general

For purposes of section 9010 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.), for calendar years after 2014, a qualified expatriate (and any dependent of such individual) enrolled in an expatriate health plan shall not be considered a United States health risk.

(2)

Special rule for 2014

The fee under section 9010 of such Act for calendar year 2014 with respect to any expatriate health insurance issuer shall be the amount which bears the same ratio to the fee amount determined by the Secretary of the Treasury with respect to such issuer under such section for such year (determined without regard to this paragraph) as—

(A)

the amount of premiums taken into account under such section with respect to such issuer for such year, less the amount of premiums for expatriate health plans taken into account under such section with respect to such issuer for such year, bears to

(B)

the amount of premiums taken into account under such section with respect to such issuer for such year.

(d)

Definitions

In this section:

(1)

Expatriate health insurance issuer

The term expatriate health insurance issuer means a health insurance issuer that issues expatriate health plans.

(2)

Expatriate health plan

The term expatriate health plan means a group health plan, health insurance coverage offered in connection with a group health plan, or health insurance coverage offered to a group of individuals described in paragraph (3)(B) (which may include dependents of such individuals) that meets each of the following standards:

(A)

Substantially all of the primary enrollees in such plan or coverage are qualified expatriates, with respect to such plan or coverage. In applying the previous sentence, an individual shall not be taken into account as a primary enrollee if the individual is not a national of the United States and resides in the country of which the individual is a citizen.

(B)

Substantially all of the benefits provided under the plan or coverage are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986.

(C)

The plan or coverage provides benefits for items and services, in excess of emergency care, furnished by health care providers—

(i)

in the case of individuals described in paragraph (3)(A), in the country or countries in which the individual is present in connection with the individual’s employment, and such other country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate; or

(ii)

in the case of individuals described in paragraph (3)(B), in the country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate.

(D)

In the case of an expatriate health plan that is a group health plan offered by a plan sponsor that—

(i)

also offers a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan offered by that plan sponsor; or

(ii)

does not also offer a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan.

(E)

If the plan or coverage provides dependent coverage of children, the plan or coverage makes such dependent coverage available for adult children until the adult child turns 26 years of age, unless such individual is the child of a child receiving dependent coverage.

(F)

The plan or coverage—

(i)

is issued by an expatriate health plan issuer, or administered by an administrator, that maintains, with respect to such plan or coverage—

(I)

network provider agreements with health care providers that are outside of the United States; and

(II)

call centers in more than one country and accepts calls from customers in multiple languages; and

(ii)

offers reimbursements for items or services under such plan or coverage in more than two currencies.

(G)

The plan or coverage, and the plan sponsor or expatriate health insurance issuer with respect to such plan or coverage, satisfies the provisions of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.), chapter 100 of the Internal Revenue Code of 1986, and part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), which would otherwise apply to such a plan or coverage, and sponsor or issuer, if not for the enactment of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010.

(3)

Qualified expatriate

The term qualified expatriate means any of the following individuals:

(A)

Workers

An individual who is a participant in a group health plan, who is an alien residing outside the United States, a national of the United States, lawful permanent resident, or nonimmigrant for whom there is a good faith expectation by the plan sponsor of the plan that, in connection with the individual’s employment, the individual is abroad for a total of not less than 180 days during any period of 12 consecutive months.

(B)

Other individuals abroad

An individual, such as a student or religious missionary, who is abroad, and who is a member of a group determined appropriate by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor.

(4)

Qualifying minimum value domestic group health plan

The term qualifying minimum value domestic group health plan means a group health plan that is offered in the United States that meets the following requirements:

(A)

Substantially all of the primary enrollees in the plan are not qualified expatriates, with respect to such plan.

(B)

Substantially all of the benefits provided under the plan are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986.

(C)

The application of section 36B(c)(2)(C)(ii) of such Code to such plan would not prevent an employee eligible for coverage under such plan from being treated as eligible for minimum essential coverage for purposes of section 36B(c)(2)(B) of such Code.

(5)

Abroad

(A)

United States Nationals

(i)

In general

Except as provided in clause (ii), for purposes of applying paragraph (3) to a national of the United States, the term abroad means outside the 50 States, the District of Columbia, and Puerto Rico.

(ii)

Special rule

For purposes of applying paragraph (3) to a national of the United States who resides in the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or Guam, the term abroad means outside of the 50 States, the District of Columbia, Puerto Rico, and such territory or possession.

(B)

Foreign citizens

For purposes of applying paragraph (3) to an individual who is not a national of the United States, the term abroad means outside of the country of which that individual is a citizen.

(6)

United States

The term United States means the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam.

(7)

Miscellaneous terms

(A)

Group health plan; health insurance coverage; health insurance issuer; plan sponsor

The terms group health plan, health insurance coverage, health insurance issuer, and plan sponsor have the meanings given those terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), except that in applying such terms under this section the term health insurance issuer includes a foreign corporation which is predominantly engaged in an insurance business and which would be subject to tax under subchapter L of chapter 1 of the Internal Revenue Code of 1986 if it were a domestic corporation.

(B)

Foreign state; national of the United States; nonimmigrant; reside; lawful permanent resident

The terms national of the United States, and nonimmigrant have the meaning given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), the term reside means having a residence (within the meaning of such term in such section), and the term lawful permanent resident means an alien lawfully admitted for permanent residence (as defined in such section).

Passed the House of Representatives April 29, 2014.

Karen L. Haas,

Clerk