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UPDATED: Late February 2010
Health Care
Solutions
From Members of
the RSC
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The Republican Study Committee has become known as a fountain of robust,
forward-thinking ideas and bold action. Continuously on the forefront of crafting positive,
problem-solving solutions, RSC Members have introduced no fewer than 70 health care bills so
far in the 111th Congress. This document summarizes each of those bills.
Table of Contents
H.R. 77 (Issa, R-CA)........................................................................................................... 4
H.R. 109 (Fortenberry, R-NE) ............................................................................................ 4
H.R. 198 (Stearns, R-FL) .................................................................................................... 5
H.R. 270 (Latta, R-OH)....................................................................................................... 5
H.R. 321 (Fortenberry, R-NE) ............................................................................................ 6
H.R. 464 (Price, R-GA)....................................................................................................... 6
H.R. 502 (Bachmann, R-MN) ............................................................................................. 7
H.R. 504 (Bilirakis, R-FL) .................................................................................................. 7
H.R. 544 (Royce, R-CA)..................................................................................................... 8
H.R. 643 (Fortenberry, R-NE) ............................................................................................ 8
H.R. 688 (Granger, R-TX) .................................................................................................. 9
H.R. 879 (Granger, R-TX) .................................................................................................. 9
H.R. 917 (Guthrie, R-KY)................................................................................................. 10
H.R. 1075 (Scalise, R-LA)................................................................................................ 10
H.R. 1086 (Gingrey, R-GA).............................................................................................. 11
H.R. 1118 (Blackburn, R-TN) .......................................................................................... 12
H.R. 1189 (Granger, R-TX) .............................................................................................. 13
H.R. 1253 (Burgess, R-TX) .............................................................................................. 13
H.R. 1441 (Marchant, R-TX) ............................................................................................ 14
H.R. 1458 (Camp, R-MI) .................................................................................................. 14
H.R. 1468 (Burgess, R-TX) .............................................................................................. 15
H.R. 1658 (Tiahrt, R-KS).................................................................................................. 16
H.R. 1707 (Granger, R-TX) .............................................................................................. 16
H.R. 1891 (Alexander, R-LA)........................................................................................... 17
H.R. 2051 (Miller, R-FL) .................................................................................................. 17
H.R. 2249 (Burgess, R-TX) .............................................................................................. 18
H.R. 2373 (Price, R-GA)................................................................................................... 19
H.R. 2520 (Ryan, R-WI) ................................................................................................... 19
H.R. 2607 (Johnson, R-TX) .............................................................................................. 21
H.R. 2692 (Thornberry, R-TX) ......................................................................................... 21
H.R. 2784 (Thornberry, R-TX) ......................................................................................... 22
H.R. 2785 (Thornberry, R-TX) ......................................................................................... 22
H.R. 2786 (Thornberry, R-TX) ......................................................................................... 23
H.R. 2787 (Thornberry, R-TX) ......................................................................................... 23
H.R. 2925 (Hoekstra, R-MI) ............................................................................................. 24
H.R. 2975 (Campbell, R-CA) ........................................................................................... 24
H.R. 3141 (Sullivan, R-OK) ............................................................................................. 25
H.R. 3217 (Shadegg, R-AZ) ............................................................................................. 26
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H.R. 3218 (Shadegg, R-AZ) ............................................................................................. 27
H.R. 3261 (Burton, R-IN) ................................................................................................. 27
H.R. 3356 (Johnson, R-TX) .............................................................................................. 28
H.R. 3372 (Price, R-GA)................................................................................................... 29
H.R. 3400 (Price, R-GA)................................................................................................... 30
H.R. 3422 (King, R-IA) .................................................................................................... 32
H.R. 3438 (Issa, R-CA)..................................................................................................... 32
H.R. 3454 (Sullivan, R-OK) ............................................................................................. 33
H.R. 3478 (Gohmert, R-TX) ............................................................................................. 33
H.R. 3584 (Forbes, R-VA)................................................................................................ 34
H.R. 3610 (Austria, R-OH) ............................................................................................... 34
H.R. 3261 (Burton, R-TX) ................................................................................................ 35
H.R. 3700 (Gingrey, R-GA).............................................................................................. 36
H.R. 3741 (Hoekstra, R-MI) ............................................................................................. 37
H.R. 3776 (Graves, R-MO)............................................................................................... 37
H.R. 3806 (Moran, R-KS)................................................................................................. 38
H.R. 3821 (Deal, R-GA) ................................................................................................... 38
H.R. 3822 (Deal, R-GA) ................................................................................................... 39
H.R. 3823 (Deal, R-GA) ................................................................................................... 39
H.R. 3824 (Deal, R-GA) ................................................................................................... 40
H.R. 3830 (Fortenberry, R-NE) ........................................................................................ 40
H.R. 3831 (Fortenberry, R-NE) ........................................................................................ 41
H.R. 3839 (Rooney, R-FL) ............................................................................................... 41
H.R. 3889 (Broun, R-GA)................................................................................................. 42
H.R. 3971 (Flake, R-AZ) .................................................................................................. 44
H.R. 4007 (Lee, R-NY)..................................................................................................... 44
H.R. 4018 (Deal, R-GA) ................................................................................................... 45
H.R. 4019 (Deal, R-GA) ................................................................................................... 46
H.R. 4020 (Burgess, R-TX) .............................................................................................. 46
H.R. 4038 (Camp, R-MI) .................................................................................................. 47
H.R. 4138 (Gingrey, R-GA).............................................................................................. 49
H.R. 4505 (Thornberry, R-TX) ......................................................................................... 50
This document is for informational purposes only and may not be exhaustive.
The RSC does not necessarily endorse every bill listed here.
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H.R. 77 – The Health Care Incentive Act
(Issa, R-CA)
Introduced: January 6, 2009
Summary: The Health Care Incentive Act allows for an employer, who is required by
state law to pay an employee at a rate higher than the federally mandated minimum wage,
to offer their employees health care benefits and get a credit toward the minimum wage for
doing so.
This legislation instructs the Department of Labor to promulgate a rule to allow employers
who participate in interstate commerce and whose state has a minimum wage higher than
the federal minimum wage to include the value of health care benefits provided to an
employee in determining the wage such employer is required to pay.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 109 – America’s Affordable Health Care Act of 2009
(Fortenberry, R-NE)
Introduced: January 6, 2009
Summary: America’s Affordable Health Care Act seeks to promote more affordable
insurance options for individuals who do not receive health coverage through their
employer, and also for those with complex or chronic health conditions. It permits
insurance companies to offer policies with fewer mandated benefits, called “health benefit
plans.” It would allow individuals and families who do not receive health insurance
coverage through their employer or from the government to have the option of purchasing
one of these lower cost health benefit plans. These plans would be required to cover, at
minimum, inpatient hospital services and physicians’ surgical and medical services.
More specifically, it authorizes a health insurance issuer to apply to the Secretary of Health
and Human Services to certify health insurance policies offered in the individual market as
Health Benefit Plans. It will allow these certified plans to be offered to individuals in all
states without regard to state and local mandated benefit laws. This legislation recognizes
that for every mandated benefit, a certain segment of the population is priced out of the
market and cannot afford health care coverage. Mandates may benefit the employer
market, but can price individuals out of the individual market.
This legislation enhances coverage opportunities for those with complex or chronic
conditions, by providing more funding to states for high-risk pools. High-risk pools offer
insurance coverage options to individuals with pre-existing medical conditions who are
otherwise unable to obtain insurance in the individual market. Specifically, it amends the
Public Health Service Act to increase the authorization of appropriations for FY2010-
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FY2014 for grants to states for the creation and operation of qualified high risk health
insurance pools. It also authorizes funds to encourage state to adopt best practice protocols
regarding the operation of high risk pools.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 198 - Health Care Tax Deduction Act of 2009
(Stearns, R-FL)
Introduced: January 6, 2009
Summary: The Health Care Tax Deduction Act will allow individuals to take a tax
deduction from gross income for health insurance premiums and unreimbursed
prescription drug expenses paid for by the taxpayer. This deduction covers health
insurance premiums for the taxpayer, the taxpayers spouse, and dependents.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 270 – TRICARE Continuity of Coverage for National Guard
and Reserve Families Act of 2009
(Latta, R-OH)
Introduced: January 7, 2009
Summary: This legislation allows retired members of the National Guard and Federal
Reserve Components with 20 or more years of faithful and honorable service to purchase
healthcare that was available to them during their time in active service or after they reach
60 years of age. Currently, members who have retired but are not yet 60 years of age are
not eligible for TRICARE health insurance, and are referred to as being in the “gray area.”
Right now there are approximately 220,000 retirees that fall within the “gray area,” with an
additional 12,100 service members retiring and entering this status each year. CBO has
not scored the legislation, however since this would allow “Gray Area” reservists to
purchase TRICARE Standard health coverage at 100% of the premium, the sponsor office
notes that the costs would be fully offset.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 321 – SCHIP Plus Act of 2009
(Fortenberry, R-NE)
Introduced: January 8, 2009
Summary: The State Children’s Health Insurance Program (SCHIP) Plus Act would offer
eligible families the choice of retaining coverage for their children in SCHIP or,
alternatively, using SCHIP funds to help pay for insurance coverage for their children
purchased from the private individual market. This latter option also permits families to
use the funds toward the overall cost of a family insurance plan, so that children and
parents are covered under one plan, rather than having children receive coverage under
SCHIP while parents receive coverage under another insurance plan. This option is only
for “targeted low-income children” or those SCHIP-eligible children of families at 200%
of the federal poverty level or lower. Enrollment will be voluntary and offered as a
coverage option along with traditional SCHIP coverage. Those electing such coverage
shall be provided one opportunity per year to switch coverage from SCHIP to a private
individual-style or family-style plan.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 464 – More Children, More Choices Act of 2009
(Price, R-GA)
Introduced: January 13, 2009
Summary: The More Children, More Choices Act is divided into three main components.
It reauthorizes the SCHIP program, provides a tax credit for families with children that are
between 200% to 300% of the federal poverty level (FPL), and adopts a “federalism”
healthcare initiative.
SCHIP will be reauthorized at $7 billion per year, increasing to $8 billion in 2014. This
legislation will also provide $100 million per year for the outreach and enrollment of
eligible, uninsured children. The limit for the SCHIP program will be set at 200% of the
FPL, and states will be required to cover 90% of the eligible children before expanding
programs further. This legislation will grandfather in all existing children and individuals,
until their current waivers expire.
A tax credit of $1,400 will be provided for all children (insured or uninsured) in families
that are between 200% and 300% of the FPL. This credit would be advanceable and
refundable.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 502 – Health Care Freedom of Choice Act
(Bachmann, R-MN)
Introduced: January 14, 2009
Summary: Under current law, medical care purchased through an employers insurance
plan is tax-free, but the same premiums and expenses are not fully deductible if paid by an
individual. In effect, the tax code forces working and retired Americans to seek health care
through their jobs, preventing them from choosing their own plans, doctors, and
treatments, and limiting their employment options due to medical considerations. Further
compounding the problem, many businesses that provide health insurance offer employees
the “choice” of only one plan. This legislation allows taxpayers to deduct the expenses
paid during the taxable year, not compensated for by insurance or otherwise, for medical
care of the taxpayer, the taxpayer’s spouse, or a dependent.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 504 – Medicare Hearing Enhancement and Auditory Rehabilitation
(HEAR) Act of 2009
(Bilirakis, R-FL)
Introduced: January 14, 2009
Summary: The Medicare Hearing Enhancement and Auditory Rehabilitation (HEAR)
Act amends Medicare to cover hearing aids and auditory rehabilitation services under the
Medicare program.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 544 – Flexible Health Savings Act of 2009
(Royce, R-CA)
Introduced: January 14, 2009
Summary: The Flexible Health Savings Act allows up to $500 of unused health benefits
in a plan or other arrangement to be carried forward to the next plan year or be contributed
to a health savings account or a qualified retirement plan. This can be done without
affecting the status of such plan or arrangement as a tax-exempt employee benefit cafeteria
plan.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 643 – Care for Life Act of 2009
(Fortenberry, R-NE)
Introduced: January 22, 2009
Summary: The Care for Life Act seeks to encourage and assist women throughout their
pregnancies and after childbirth by providing services to help alleviate financial, social,
emotional, and other difficulties that may otherwise compel a decision for abortion.
This legislation requires the development of a Pregnancy Care Information Service
database which will include information on providers of pregnancy support services. It
also establishes a toll-free number to provide referrals to pregnancy support services. A
public outreach campaign will also be implemented to provide information on pregnancy
support services to vulnerable women.
Grants may be awarded for the exclusive purpose of providing pregnancy support services.
There will be an increase in the credit for the adoption of a special needs child from
$10,000 to $15,000, and this credit will be refundable.
Another key piece of this legislation is that is prohibits private health insurers from
imposing any preexisting condition exclusion against an expectant mother who has had at
least 12 months of creditable coverage before seeking coverage. It also prohibits private
health insurers from imposing a waiting period or otherwise discriminating in coverage or
premiums related to pregnancy against a woman if she has had at least 12 months of
creditable coverage. This provision will be made retroactive to January 1, 2009.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 688 – Kids First Act
(Granger, R-TX)
Introduced: January 26, 2009
Summary: H.R. 688 was introduced as an alternative bill for SCHIP reauthorization. The
Kids First Act would reauthorize SCHIP at $7.78 billion for 2009, $8.044 billion for 2010,
$8.568 billion for 2011, $9.032 billion for 2012, and $9.505 billion for 2013. Like the
Democrat bill (H.R. 2), this legislation expands SCHIP by $19.3 billion over the same four
and a half year period. This legislation required new enrollees to be children or pregnant
women at less than 200% of the federal poverty level, this reflects the original intent of the
SCHIP program in 1997. Waivers will be allowed to continue until they expire, but this
legislation immediately reduces the matching rate to the Medicaid matching rate.
The Kids First Act prohibits illegal immigrants from obtaining SCHIP coverage and
prohibits any new waivers to add adults. This legislation also prevents states from utilizing
“income disregards” to weaken eligibility requirements and encourages states to offer
premium assistance, in order to move children to private coverage.
Grant funding for outreach and enrollment is included to increase the number of eligible
but un-enrolled children who are covered by SCHIP. This legislation also increases the
amount states are allowed to provide in premium assistance for the purchase of private
insurance in order to prevent “crowd out” which happens when children or with private
insurance switch to a public program.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 879 – The Affordable Health Care Expansion Act
(Granger, R-TX)
Introduced: February 4, 2009
Summary: H.R. 879 provides a tax credit to be used for the purchase of health insurance,
regardless of whether or not the insurance is provided by an employer. The tax credits are
pre-payable, so individuals and families who cannot pay for health care upfront are eligible
immediately. Under H.R. 879, the tax credit granted to individuals is also refundable;
families receive the full value of the tax credit regardless of their tax liability. Individuals
will receive a $1,000 credit, married couples will receive a $2,000 credit, there will be an
additional $500 credit for each dependent with a maximum of a $3,000 credit per family.
Those with higher premium costs will receive tax credits toward 50% of any additional
premiums.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
10
H.R. 917 – To Increase the Health Benefits of Dependents of Members of
the Armed Forces Who Die Because of a Combat-Related Injury.
(Guthrie, R-KY)
Introduced: February 9, 2009
Summary: This legislation amends the TRICARE program (a Department of Defense
[DOD] managed care program) to require that, when a member of the Armed Forces dies
on or after September 11, 2001, because of a combat-related injury incurred while on
active duty for a period of more than 30 days, the members dependents receiving benefits
under a contract for medical and dental care shall continue to be eligible for benefits under
TRICARE Prime.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 1075 – Restoring Essential Care for Our Veterans for Effective
Recovery (RECOVER) Act
(Scalise, R-LA)
Introduced: February 13, 2009
Summary: The RECOVER Act (Restoring Essential Care for Our Veterans for Effective
Recovery) directs the Secretary of Veterans Affairs, in the event of a major disaster, in an
area near a Department of Veterans Affairs (VA) medical facility, to contract with one or
more non-VA facilities in that area to provide such services to veterans who reside within
150 miles of the VA facility that is unable to provide the services.
This requirement is inapplicable to a VA facility that is closed, or that the Secretary
intends to close, as part of the Capital Asset Realignment for Enhanced Services (CARES)
process.
This Act is applicable to any VA facility unable to provide covered services on or after
August 29, 2005, by reason of a major disaster.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 1086 – Help Efficient, Accessible, Low-cost, Timely
Healthcare (HEALTH) Act of 2009
(Gingrey, R-GA)
Introduced: February 13, 2009
Summary: Lawsuits are causing doctors to face skyrocketing insurance rates. The threat
of litigation causes many physicians to practice “defensive medicine,” recommending tests
and procedures in order to limit future liability rather than focusing on the needs of their
patients. The HEALTH Act, modeled after California’s 30-year-old and highly successful
health care litigation reforms, addresses the current crisis and will make health care
delivery more accessible and cost-effective in the United States.
Under the HEALTH Act’s guidelines, a plaintiff may recover punitive damages totaling
either $250,000 or double the amount of economic damages awarded—whichever is
greater. The HEALTH Act also lowers health care costs by preventing unfair double
recoveries (i.e., a plaintiff being awarded future lost wages both by his insurance company
and by a court judgment). This Act limits the number of years a plaintiff has to file a
health care liability action to ensure that claims are brought while witnesses are available
and memories fresh, and before evidence is destroyed. It also guarantees that health care
lawsuits will be filed no later than 3 years after the date of injury, providing defendants
with ample access to the evidence they need to defend themselves. In some circumstances,
however, it is important to guarantee patients additional time to file a claim. Accordingly,
the Act extends the statute of limitations for minors injured before age 6.
Instead of making a party responsible for another’s negligence, this legislation ensures that
a party will only be liable for that party’s own share. Under the current system, defendants
who are only 1% at fault may be held liable for 100% of the damages. This provision
eliminates the incentive for plaintiffs’ attorneys to search for “deep pockets” and pursue
lawsuits against those minimally liable or not liable at all. It also requires that the jury be
informed of any payments already made.
The Health Act does not limit the economic damages a patient can receive for physical
injuries resulting from a provider’s care, unless otherwise restricted by state law. Only
unquantifiable non-economic damages, such as pain and suffering, are limited to no more
than $250,000. The HEALTH Act does not put a hard cap punitive damages. Rather, it
allows punitive damages to be the greater of two times the amount of economic damages
awarded or $250,000. The bill also allows ensures that past and current expenses will
continue to be paid at the time of judgment or settlement, while future damages can be
funded over time. This ensures that a plaintiff will receive all her damages in a timely
fashion without risking the bankruptcy of the defendant. Penniless defendants are in no
party’s best interest.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 1118 - Health Care Choices for Seniors Act
(Blackburn, R-TN)
Introduced: February 23, 2009
Summary: Once an individual turns 65, he or she must sign up for Medicare Part A in
order to receive Social Security payments. Once signed into Medicare, individuals can no
longer contribute tax-free into their Health Savings Account. This bill allows individuals
to opt-out of joining Medicare until age 70, while allowing them to still receive Social
Security benefits. Also, if an individual chooses to opt out of Medicare, he or she will
receive a voucher that is actuarially equivalent to the average (mean) Medicare payments
to all individuals of that same age in the Medicare Part A program.
By allowing individuals to wait to join Medicare, this allows the individual to continue
their pre-tax contributions to the HSA. By delaying Medicare penalties to the age of 70,
this takes away one significant incentive for individuals to automatically join at 65. It
allows 5 more years for individuals to choose when they want to join Medicare, stay with
their private insurance company for a few years, or the opportunity to join Medicare for a
few years, and switch back.
The legislation caps the age that people can switch back and forth at 70. Most health
issues occur in later years of life, so by forcing an individual to make the decision at 70, it
requires that person to start paying premiums at that time or face penalties if they sign up
later. Enrollment dates for Medicare will remain the same. Currently, Medicare
enrollment at age 65 has a seven-month grace period. It begins three months before the
65th birthday, includes the month of turning 65 and ends three months after that birthday.
If the senior does not enroll during this initial enrollment period, each year he/she is given
another chance to sign up during a general enrollment period from January 1 through
March 31. Coverage would begin the following July. An individual cannot just sign up
for Medicare and have benefits start automatically. There would be a time period in
between signing up and coverage so it would not be easy to go back and forth.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 1189 – Colorectal Cancer Prevention, Early Detection, and
Treatment Act of 2009
(Granger, R-TX)
Introduced: February 25, 2009
Summary: Under H.R. 1189, grant funding will be provided to the Centers for Disease
Control and Prevention for colorectal cancer screening and treatment programs. Any
entity receiving a grant is required to match the funds provided in an amount equal to not
less than $1 for each $3 of Federal funds provided in the grant in a fiscal year. The
screenings and treatments target individuals between 50 and 64, but also provides services
for those under 50 who are at a high risk of getting colorectal cancer. The bill gives
priority to low-income, uninsured, and/or underinsured individuals who would not be able
to afford screenings and treatment.
The screenings and treatment will assist individuals in full, providing follow-ups,
diagnostic and therapeutic services, and treatment for detected cancers. In addition, the
federal grants provided will be used to train and educate health professionals in the
detection of colorectal cancer. The funds provided will contribute to research for the
evaluation of the colorectal screenings and treatment program.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 1253 – Health Insurance Restrictions and Limitations
Clarification Act of 2009
(Burgess, R-TX)
Introduced: March 3, 2009
Summary: This legislation would amend the Employee Retirement and Income Security
Act of 1974, the Public Health Service Act, and the Internal Revenue Code to require
group health plans to reveal any limitations and restrictions on benefits. These limitations
and restrictions would have to be disclosed to the sponsor of the health plan prior to the
sale of the plan. The issuer must also make descriptions of these limitations and
restrictions available to participants and beneficiaries in an easily understandable manner.
Status: This legislation passed the house on March 31, 2009 by a vote of 422 – 3 and was
referred to the Senate Committee on Health, Education, Labor, and Pensions on April 1,
2009.
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H.R. 1441 – Ryan Dant Health Care Opportunity Act of 2009
(Marchant, R-TX)
Introduced: March 11, 2009
Summary: The Ryan Dant Health Care Opportunity Act will amend Medicaid, as
amended by the Children's Health Insurance Program Reauthorization Act of 2009, to give
states the option to disregard certain income in providing continued Medicaid coverage for
certain individuals with extremely high annual lifelong orphan drug costs.
The legislation is designed to allow a Medicaid state option that would permit individuals
to be released from the qualifying earnings restrictions. This legislation would apply only
to individuals who have prescription drug costs of $200,000 a year or more and are already
on Medicaid. These individuals will be on Medicaid for the duration of the illnesses and
some can work without most of the earnings restrictions.
Status: This legislation was attached as an amendment to H.R. 3200 in the House
Committee on Energy and Commerce.
H.R. 1458 – Comprehensive Immunosuppressive Drug Coverage for
Kidney Transplant Patients Act of 2009
(Camp, R-MI)
Introduced: March 12, 2009
Summary: The Comprehensive Immunosuppressive Drug Coverage for Kidney
Transplant Patients Act will help kidney transplant recipients maintain Medicare Part B
coverage of immunosuppressive drugs. These drugs are necessary to help reduce the
likelihood of organ rejection.
Most kidney transplant recipients qualify for Medicare immunosuppressive drugs
coverage, regardless of age, as individuals with end stage renal disease (ESRD) are entitled
to Medicare coverage for kidney dialysis or transplantation if they or their spouse have
paid into Social Security for a minimum of 40 quarters. However, unless they are also
eligible for Medicare due to age or disability (receiving SSDI), their Medicare coverage
ends 36 months post-transplant and they are forced to find other ways to pay for these
expensive medications. Conversely, Medicare coverage for dialysis is indefinite.
Congress has acted previously to ensure access to these life saving medications for aged
and disabled Medicare beneficiaries, but ESRD beneficiaries are still subject to the 36-
month cap. This bill corrects this inequity, and would provide lifetime coverage of
immunosuppressive drugs for kidney recipients who were ESRD beneficiaries at the time
of transplant. The bill would eliminate the 36-month time limitation for the purposes of
the transplant anti-rejection medications only -- all other Medicare coverage would cease
three years after the transplant, as under current law.
15
Medicare spends approximately $17,000 annually on a beneficiary who has a functioning
kidney transplant (after the first year of transplant), compared to $71,000 annually on a
beneficiary who is on dialysis (Source: U.S. Renal Data System Annual Report, 2008).
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 1468 – Medical Justice Act of 2009
(Burgess, R-TX)
Introduced: March 12, 2009
Summary: The Medical Justice Act sets forth provisions regulating civil actions for an
injury or death as the result of health care based on successful reforms adopted by the State
of Texas. Caps will be placed on non-economic damages against healthcare practitioners
and institutions. Caps will also be set on for wrongful death awards. This legislation also
requires expert reports to be provided, and allows the payment of future damages to be
made on a periodic or accrual basis.
The amount a person will be entitled to for non-economic damages will be set at $250,000
from a single institution or class of practitioner and $500,000 from a class of institutions
for a total possible non-economic cap of $750,000 in some cases. The cap on a wrongful
death award from a single healthcare practitioner will be set at $1,400,000 total. This
amount includes compensatory, punitive, statutory, and other types of damages, and will
be adjusted for inflation. The jury must be unanimous in both the liability of the
practitioner and the amount of the award. A claim must be brought within 2 years of when
the negligence or the health care on which the claim is based occurs. For individuals under
age 12, a claim must be brought before the individual reaches age 14.
Not later than 120 days after filing, the party filing must present to the other parties a
qualified expert report. This report is a written report by a qualified health care expert that
includes a curriculum vitae of the expert, and a summary of the opinion as to the standard
of care applicable, how that standard was not met, and the relationship between the two.
This report may not be used during trial.
A defendant may initiate a settlement by serving one or more qualified offers to the person
seeking damages. If the qualified settlement offer is not accepted and the offeree receives
a judgment at trial that is significantly less favorable than that offer, the offeree is
responsible for the litigation costs of the defendant. Also, a health care practitioner that
provides emergency health care on a Good Samaritan basis is not liable for damages except
for willful or wanton negligence or more culpable misconduct.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
16
H.R. 1658 – Veterans Healthcare Commitment Act of 2009
(Tiahrt, R-KS)
Introduced: March 19, 2009
Summary: Prohibits anything in current law provisions authorizing the recovery by the
United States of the cost of certain medical care and services provided by the Department
of Veterans Affairs (VA) to veterans for non-service-connected disabilities from allowing
the United States to recover or collect any charges from any third party for care or services
furnished to a veteran for a service-connected disability.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 1707 – Helping HANDS for Autism Act of 2009
(Granger, R-TX)
Introduced: March 25, 2009
Summary: This legislation creates a grant program to provide “autism navigator”
services to help families navigate the web of services and care they need.
Navigators will help guide families to current health, education, housing and social
services that are often available to individuals in the autism spectrum. The program
will help connect families to important treatment options soon after diagnosis, help
families identify education options, and help coordinate individuals’ care and
community support.
H.R. 1707 also provides for the development, demonstration and dissemination of a
standard curriculum for the training of first responders (police, fire departments,
emergency medical technicians and other volunteers) in assisting individuals with
autism and other cognitive behavioral disabilities. It provides grants to states and
local government to support training of first responders.
This legislation also creates a HUD task force comprised of appropriate national
and state autism advocacy groups, community-based organizations and parents who
are charged with developing a housing demonstration grant program for adults with
autism. The goal of the grant program is to provide individualized housing and
services to adults with autism spectrum disorders.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 1891 – Sunset of Life Protection Act of 2009
(Alexander, R-LA)
Introduced: April 2, 2009
Summary: The Sunset of Life Protection Act allows a deduction from gross income for
50% of long-term care premiums. This deduction is without regard to the 7.5 % adjusted
gross income limitation applicable to other medical or dental expenses. This legislation
also allows individual taxpayers to claim this tax deduction regardless of whether they
itemize other deductions or not. This deduction applies to expenses for medical care of the
taxpayer, the taxpayer’s spouse, or a dependent.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 2051 – To Amend Title 10, United States Code, to Authorize
Extended Benefits for Certain Autistic Dependents of Certain Retirees.
(Miller, R-FL)
Introduced: April 22, 2009
Summary: This legislation revises TRICARE to authorize the Secretary of Defense to
provide extended health care services and treatment for dependent autism-diagnosed
children of military retirees who are not entitled to hospital insurance benefits under Part A
of Medicare, and who are not enrolled under part B (Supplementary Medical Insurance) of
such title. The health care services shall be entered into by the Secretary by way of
contract with private providers.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 2249 – Health Care Price Transparency Promotion Act of 2009
(Burgess, R-TX)
Introduced: May 5, 2009
Summary: The main purpose of H.R. 2249 is to increase healthcare transparency
requirements for hospitals and health plans, as to fully inform citizens of various issues
involving their health care. The bill would require each hospital disclose information
regarding charges for certain inpatient and outpatient hospital services in a timely manner
to all patients seeking such information. The bill also requires that hospitals and clinics
must provide any patient with health insurance an estimate of all out-of-pocket health care
costs within a certain period of time at the request of the patient.
Under this legislation the Secretary is not authorized or required to establish uniform
standards for State laws. It allows the states to craft their laws requiring the information as
they see fit. The data required would have to meet the “floor” standard and the manner in
which they display the info could be coordinated with the Secretary but would not be
mandated. In addition, states with previously established laws that meet the requirements
of H.R. 2249 will not need to change their laws, however states with established laws that
do not meet the standards of the bill will need to change only the pieces of legislation that
do not meet H.R 2249’s requirements. In order to fully understand which types of cost
information patients find useful, the Agency for Health Care Research and Quality will
conduct research on the variances of information provided by hospitals. In addition, the
AHRQ will determine how information varies according to an individual’s health
insurance coverage and how information can be provided in a timely manner. AHRQ will
begin their research 18 months after the bill is enacted. H.R. 2249 is to be effective
October 1st, 2010. Also, in cases where additional State legislation beyond appropriations
is required to enact this legislation, an extension will be given until the first calendar
quarter after the close of the first regular session of the State legislature.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
19
H.R. 2373 – Home Oxygen Patient Protection Act of 2009
(Price, R-GA)
Introduced: May 12, 2009
Summary: The Centers for Medicare and Medicaid Services (CMS) released a rule in
October 2008 that caps Medicare reimbursements for home oxygen suppliers at 36 months.
Without adequate recognition of the services that home oxygen providers furnish, the
quality of care that patients have come to expect will deteriorate, leading to an increase in
the number of emergency room visits. This legislation amends part B (Supplementary
Medical Insurance) of title XVIII (Medicare) of the Social Security Act to restore
payments for home oxygen therapy through the beneficiary’s period of medical need.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 2520 - Patients’ Choice Act
(Ryan, R-WI)
Introduced: May 20, 2009
Summary: The Patients’ Choice Act would transform health care in America by
strengthening the relationship between the patient and the doctor by using the forces of
choice and competition rather than rationing and restrictions. It seeks to ensure universal,
affordable health care for all Americans.
The Patients’ Choice Act invests in prevention by establishing an Interagency
Coordination Committee that will develop a national strategic plan for prevention. It also
requires the development of a science-bases nutrition counseling brochure to be distributed
to food stamp recipients and prohibits the purchase of foods that do not meet science-bases
standards for proper nutrition.
This legislation outlines the requirements for certification of state-based health care
exchanges to facilitate the purchase of innovative private health insurance. States are not
required to create exchanges but have the option to do so. Any health insurance plan
licensed in the state may participate in the exchange, but plans are not required to
participate. Plans may still sell health insurance outside the exchange.
Under this bill, States may develop automatic enrollment procedures to ensure that any
individual seeking health coverage has the opportunity to enroll in a plan of their choice.
No one will be required to enroll in health insurance coverage. Plans offered through this
exchange may not discriminate based on pre-existing conditions, so individuals are
guaranteed access to a health insurance plan through the exchange.
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Qualifying individuals will be eligible to receive an advanceable, refundable credit of at
least $2,290 and $5,710 respectively in 2010, with subsequent annual cost-of-living
adjustments. Should the credit exceed the cost of a health insurance product, the excess
amount will be deposited into a medical savings account, or a health savings account.
The current individual income tax exclusion for employment-based heath benefits will be
converted into a tax cut for taxpayers. The exclusion of health benefits from FICA payroll
taxes remains. Contributions made by employers toward employee health care are still
deductible as a business expense deduction.
Long-term services in Medicaid will be expanded to include an array of services, including
assistive technology, community treatment teams, recovery support, and transitional care
without the need for federal waivers. The legislative reorganization includes authorization
of $100 million annually in new grants to states for program integrity. It also includes
authorization of $100 million in outreach grants and transition rules to ensure seamless
transition and effective continuation of care.
The legislation also aids low income families. Each eligible family that enrolls in the
supplemental health care assistance program shall be issued a debit card with a dollaramount
value that may be used to pay for qualifying health care expenses. Families whose
annual income does not exceed 100% of the poverty level will be provided $5,000.
Families whose annual income is between 100% and 120% will receive $4,000. An
additional $1,000 is made available for each family in which there is a pregnancy during a
12-month period. An additional $500 is made available for each member of the family
under the age of 1 year old.
Fixing Medicare is also a key part of this legislation. Inefficiencies will be eliminated to
increase choice in Medicare Advantage. Wealthy Medicare beneficiaries will be required
to contribute a little more for their care under Medicare Part D, and all seniors will be
rewarded for preventative healthy behaviors.
Reform to tort litigation for medical malpractice claims is also a key part in reigning in out
of control health care costs. Funding will be available for States to establish review panels
or health care tribunals. Qualifying review panels will be comprised of medical experts
and attorneys appointed by the state who review health care claims and make a
determination as to the liability of the parties involved. Parties may reject the
determination and file a claim relating to the injury in a state court. Any party filing in
state court forfeits awards from panel determination. Qualifying health care tribunals are
composed of judges with explicit expertise in health care litigation who review cases at the
request of individuals who have a health care claim. After review of the case, the tribunal
would make a determination as to the liability of the parties involved. Parties may reject
the determination and file a claim relating to the injury in a state court. The third option
allows states to utilize a combination of the review panel and health care tribunal.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
21
H.R. 2607 - The Small Business Health Fairness Act
(Johnson, R-TX)
Introduced: May 21, 2009
Summary: The rising cost of health insurance premiums is the biggest factor contributing
to the decline of insured Americans, and the number one problem facing small businesses
in this country. Estimates indicate 60 percent or more of the working uninsured work for
or depend on small employers who lack the ability to provide health benefits for their
workers. Working families should not have to face the struggles of everyday life without
health insurance. This legislation would expand access to health coverage for uninsured
families by creating Small Business Health Plans. These plans would allow small
businesses to band together through associations and purchase quality health care for
workers and their families at a lower cost. This pooling would increase small businesses’
bargaining power with health care providers, give them freedom from costly statemandated
benefit packages, and lower their existing health care costs by as much as 30
percent.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 2692 – CAH Designation Waiver Authority Act of 2009
(Thornberry, R-TX)
Introduced: June 3, 2009
Summary: Every year, more and more of our rural community hospitals close due to
higher costs and the inability to make ends meet. The loss of a hospital to a small rural
community is often a serious blow to the whole community. The Critical Access Hospital
designation is one way to equalize the playing field for these small community hospitals
and to give them a chance at survival. H.R. 2692 would once again allow States the
authority to waive the 35 mile requirement for Critical Access designation as long as a
hospital meets all the other requirements for designation.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
22
H.R. 2784 – Partnership to Improve Seniors Access to Medicare Act
(Thornberry, R-TX)
Introduced: June 10, 2009
Summary: The Partnership to Improve Seniors Access to Medicare Act would create a
program that would provide $20,000 a year in student loan repayment to medical
professionals who agree to fill up to 30% of their practice for the year with Medicare
patients. The goal of this bill is to provide an additional incentive for doctors, nurses, and
other medical professionals to accept Medicare patients into their practice. As many of
you know, it is becoming increasingly difficult to find a doctor who accepts Medicare in
many areas of the country. Often, seniors are forced to drive great distances to find a
doctor who accepts Medicare.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 2785 – Health Care Paperwork Reduction and
Fraud Prevention Act
(Thornberry, R-TX)
Introduced: June 10, 2009
Summary: The Health Care Paperwork Reduction and Fraud Prevention Act establishes a
Commission on Billing Codes and Forms Simplification that is tasked with working with
Medicare and the medical community to standardize and simplify billing practices while
protecting patient privacy. The Commission would also study electronic forms and billing
practices with the same goals in mind. This measure takes a practical approach by
establishing pilot programs to work out the details with doctors, insurance companies, and
government agencies before system-wide changes are implemented.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
23
H.R. 2786 – Patient Fairness and Indigent Care Promotion Act of 2009
(Thornberry, R-TX)
Introduced: June 10, 2009
Summary: The Patient Fairness and Indigent Care Promotion Act would help doctors
treat low-income patients by allowing them to deduct the costs of treatment as a bad debt
write-off from their federal taxes. This measure will help provide incentives to doctors to
treat more non-paying patients. The bill will also save the health care industry money
because it is almost always more expensive to treat individuals in emergency rooms than in
doctors’ offices. As you know, the median cost of an emergency room visit is nearly five
times the cost of a typical office visit, so the more people out of the emergency room, the
more money saved throughout the entire health care system.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 2787 – Medical Liability Procedural Reform Act of 2009
(Thornberry, R-TX)
Introduced: June 10, 2009
Summary: The Medical Liability Procedural Reform Act will authorize the Attorney
General to give grants to states that establish health care tribunals that provide alternatives
to current tort litigation. The data collected in these projects will be used to improve
patient care and decrease medical errors. With $60 to $108 billion being spent on
defensive medicine every year, clearly change is needed. These tribunals will not only
provide a more fair and predictable liability process for doctors, they will encourage the
sharing of best practices among medical professionals in all states, leading to a safer, and
more uniform medical system for all Americans.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
24
H.R. 2925 – Communities Building Access Act
(Hoekstra, R-MI)
Introduced: June 17, 2009
Summary: The Communities Building Access Act would provide $45 million in federal
grants over a seven-year period for two models of proven, locally designed and
administered health care programs for the uninsured, and would establish a data and
assistance center to evaluate and aid in the proliferation of these programs. The legislation
was specifically designed to compliment, not duplicate, current federal initiatives for the
uninsured, including health savings accounts, community health centers, and Medicaid and
S-CHIP programs.
These community grants would be leveraged with employer, employee and other
community contributions to purchase a locally-developed insurance-like product for
individuals working in small businesses not already offering health benefits. These
community matching grants are intended to increase access to specialty care for lowincome
individuals who regularly access voluntary provider networks or other primary
care clinics for the uninsured. Examples of allowable grant expenditures include fees for
recruiting specialist providers, training for treating specialty conditions, electronic medical
records for uninsured individuals (known to improve providers willingness to volunteer),
and administration of specialty care community clinics.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 2975 – Medical Practice Protection Act of 2009
(Campbell, R-CA)
Introduced: June 19, 2009
Summary: The Medical Practice Protection Act is a liability reform bill modeled after
California’s extremely successful Medical Injury Compensation Reform Act (MICRA),
which has kept liability insurance rates stable in the state. Under this legislation’s
guidelines, there is an unlimited cap placed on economic damages, and a $250,000 hard
cap on non-economic damages. This legislation also has a ban on subrogation by collateral
sources, and will ensure injured parties are fully compensated. The periodic payment of
future damages is allowed if requested.
The time for the commencement of a health care lawsuit shall be 3 years after the date of
manifestation of injury or 1 year after the claimant discovers, or through the use of
reasonable diligence should have discovered, whichever occurs first. In no event shall the
time for commencement of a health care lawsuit exceed 3 years after the date of
manifestation of injury unless there is proof of fraud, intentional concealment, or the
25
presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the
person of the injured person.
There will be court supervision over the share of damages that are actually paid to the
claimant. In particular, in any health care lawsuit in which the attorney for a party claims a
financial stake in the outcome of a contingent fee, the court shall have the power to restrict
the payment of a claimant's damage recovery to the attorney, and to redirect such damages
to the claimant. Under no circumstances shall the total of all contingent fees for
representing all claimants in a health care lawsuit exceed 40% of the first $50,000
awarded, 33.3% of the next $50,000 awarded, 25% of the next $500,000 awarded, or 15%
of any amount by which the recovery is in excess of $600,000.
Punitive damages may be awarded against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that the person acted with malicious intent to
injure the claimant, or that the person deliberately failed to avoid unnecessary injury that
the person knew the claimant was substantially certain to suffer. In any health care lawsuit
where no judgment for compensatory damages is rendered against the person, no punitive
damages may be awarded with respect to the claim in that lawsuit. No demand for
punitive damages shall be included in a health care lawsuit as initially filed. A court may
allow a claimant to file an amended pleading for punitive damages only upon a motion by
the claimant and after a finding by the court.
The Medical Practice Protection Act differs from other Medical Professional Liability
Reform bills by only not capping punitive damages, but instead establishing a “clear and
convincing” standard for awarding damages.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 3141 – Strengthening the Health Care Safety Net Act of 2009
(Sullivan, R-OK)
Introduced: July 9, 2009
Summary: The Strengthening the Health Care Safety Net Act seeks to restore funding to
Medicaid’s Low Disproportionate Share Hospital (DSH) States for FY 2009. Since FY
2009, low DSH states are receiving limited consumer price index inflation adjustments to
reimburse for uncompensated care costs for the indigent and uninsured. This legislation is
intended to continue the increases to low DSH states and to create a grant program for
local health care organizations willing to create a coordinated program to serve their low
income and uninsured constituents.
A redistribution fund will be created for unused federal Medicaid DSH funds to strengthen
the nation’s health care safety net. Half of the funds will be redistributed to increase the
availability of DSH funds to states currently receiving low or less than average DSH
26
allotments, and the other half will be used to provide grant funds to integrated “health
access networks” of community health centers, public hospitals, federally qualified health
care centers, and other safety net providers.
This legislation will also keep funds allocated to the safety net with their providers,
provide grant money to test implementation of high quality integrated networks of safety
net providers, and update the grandfather clause of OB/GYN mandated services for low
DSH states. It will also require that CMS create a DSH reporting document for allocations
and expenditures and that all states’ expenditures be recorded on the document, even if
DSH money is being spent through a waiver.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R. 3217 - Health Care Choice Act
(Shadegg, R-AZ)
Introduced: July 14, 2009
Summary: The Health Care Choice Act empowers consumers by giving them the ability
to purchase an affordable health insurance policy with a range of options. It will allow
consumers to purchase health insurance licensed in other states – expanding choice and
increasing affordability. Interstate shopping is vital to bringing prices down through free
enterprise. The National Center for Policy Analysis notes that a healthy 25-year-old male
could purchase a basic health insurance policy in Kentucky for $960 a year. That same
policy in New Jersey, however, would cost $5,880 a year. The Health Care Choice Act
would enable the market to mitigate such enormous price differentials.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
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H.R. 3218 - Improving Health Care for All Americans Act
(Shadegg, R-AZ)
Introduced: July 14, 2009
Summary: The bill allows Americans who do not have employer-sponsored care or those
not satisfied with their employer-sponsored plan to buy their own plan on the same taxadvantaged
basis their employer enjoys. Americans who pay income taxes get a dollar-fordollar
reduction in their tax bill up to $2500 for individuals and $5000 per family.
Americans who don’t pay income taxes get the same amount from the government to buy a
policy of their choice. This credit is allowed only to citizens, nationals, and those who are
lawfully present in the U.S.
This legislation creates expanded options for the purchase of low-cost health care from
new pooling mechanisms. Insurance pools that Americans can select to join will be
dramatically expanded by allowing churches, alumni associations, trade associations, and
other civic groups to set up new insurance pools and offer affordable health care packages
to their members. Instead of having only one group policy to choose from, under this bill,
every American will be able to choose from a number of “group plans.”
The Improving Health Care for All Americans Act takes a radically different approach in
contrast to what has been discussed by President Obama, as well as Democrats in both
chambers. It gives people choices and places American families back in control of their
plans and their health care. This legislation will reduce the cost and improve the quality of
health care while expanding access and portability.
Status: Speaker Pelosi and the Democrat majority have not considered this bill in
committee or on the House floor.
H.R 3261 – Access to Medical Treatment Act
(Burton, R-IN)
Introduced: July 20, 2009
Summary: For thousands, FDA-approved drugs simply do not work, or offer only limited
relief; yet the Food and Drug Administration (FDA) often denies access to promising
natural therapies because they do not meet the Agency's strict guidelines for approval. The
Access to Medical Treatment Act (AMTA) addresses this by giving Americans the
freedom to choose any licensed health care practitioner and any method of medical
treatment the indiv
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