House Steps Up Health Care Assault

Spurred by the momentum of passing a health care repeal bill last week, members of the House of Representatives continue to introduce legislation that targets specific provisions of the Affordable Care Act. Many of these new bills reiterate the substance of several such bills introduced during the first week of the new Congress. One bill, for example, seeks to repeal the much-maligned 1099 business reporting requirement. Specifically, the Small Business Paperwork Mandate Elimination Act of 2011 (H.R. 4) would repeal the requirement that businesses report all payments for goods or services of $600 or more. With 254 co-sponsors, this measure enjoys a certain degree of bipartisan support. Notably, on January 20, 2011 Democratic Senators Ben Nelson (D-NE), Maria Cantwell (D-WA) and Amy Klobuchar (D-MN) sent a letter to House Speaker John Boehner (R-OH) urging him to consider the bill. Passage of this bill or one like it is probable this term.

Denying agencies the funds or manpower to implement the Affordable Care Act is another means of defeating it. The Prevent IRS Overreach Act of 2011 (H.R. 334), for example, would prohibit the IRS from hiring new employees to enforce any provision of the Act.

A more substantial overhaul bill, the Health Care Choice Act of 2011 (H.R. 371), would repeal Title I of the Affordable Care Act, which includes the individual health care mandates, and instead create an insurance cooperative system allowing health insurers to sell coverage across state lines. This measure, which has 71 cosponsors, has been referred to the House Committees on Energy and Commerce, Ways and Means, and Education and the Workforce. A bill by the same title (H.R. 346) would amend the Public Health Service (PHS) Act to similarly establish a cooperative governing individual health insurance coverage that could be purchased across state lines. This legislation has been referred to the House Committee on Energy and Commerce.

The Common Sense Health Reform Americans Actually Want Act (H.R. 364) introduced by Rep. Tom Latham (R-OH) would also repeal the Affordable Care Act in its entirety, and replace it with a new system. According to a press release, this bill would guarantee health coverage to those with pre-existing conditions; allow a full deduction for health insurance premiums; permit health insurance plans to be purchased across state lines; establish small business health plans; cap damages and awards in medical liability cases; permit taxpayers to use HSA funds to pay the premiums for the health insurance plan that is paired with the account; and enhance enforcement of Medicare and Medicaid fraud. This measure has been referred to a number of House committees.

Other bills seek less substantive change. One bill, H.R. 360, would require the President, Vice President, members of congress, political appointees, and congressional staff to participate in the future health insurance exchanges. H.R. 369 would, among other things, amend the Internal Revenue Code to allow a tax deduction for an individual’s health insurance costs, and expand health savings accounts.

More bills aiming to amend and/or repeal the Affordable Care Act are sure to come.

This entry was written by Ilyse Schuman.