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Text: Republicans' Health Reform Repeal Legislation And Original Overhaul Proposal

Jan 06, 2011

Republicans have set a Jan. 12 vote in the House to try to repeal the new health care law. This not the first GOP attempt at repeal.

On May 26, 2010, Rep. Wally Herger, R-Calif., introduced H.R. 5424, which would have repealed the new law and replaced it with a Republican-crafted bill, H.R. 4038. That piece of legislation was introduced in November 2009, as House Republicans unveiled their own plan to overhaul the health care system. In general, the 219-page bill would have expanded state-based high-risk insurance pools for people with pre-existing health problems, allowed trade associations to band together to purchase group insurance, set limits on awards in medical liability lawsuits and permitted insurers to sell policies across state lines. In announcing the bill, the GOP also noted that it would allow adult children to stay on their parents’ health policies until the age of 26, enhance Health Savings Accounts and give employers more flexibility to reward workers who adopt healthier lifestyles. They said it would also promote state programs to reduce insurance premiums and the number of uninsured.

Here are texts of the current repeal effort, the May 2010 bill and a summary of the GOP 2009 bill, from THOMAS, the database of United States Congress legislative information.

The 2011 GOP Health Law Repeal Bill

A BILL
To repeal the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Repealing the Job-Killing Health Care Law Act’’.
January 3, 2011 (5:41 p.m.) 

SEC. 2. REPEAL OF THE JOB-KILLING HEALTH CARE LAW AND HEALTH CARE-RELATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010. 
(a) JOB-KILLING HEALTH CARE LAW.—Effective as of the enactment of Public Law 111–148, such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. 
(b) HEALTH CARE-RELATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 12 2010.—Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted.

 

Excerpts of the Republican repeal and replace legislation, H.R. 5424 , 111th Congress

A BILL
To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 and enact the Common Sense Health Care Reform and Affordability Act.

This Act may be cited as the `Reform Americans Can Afford Act of 2010'

SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.

(a) Patient Protection and Affordable Care Act- Effective as of the enactment of the Patient Protection and Affordable Care Act, such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.

(b) Health Care and Education Reconciliation Act of 2010- Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010, such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.

SEC. 4. ENACTMENT OF THE COMMON SENSE HEALTH CARE REFORM AND AFFORDABILITY ACT.

H.R. 4038, entitled the `Common Sense Health Care Reform and Affordability Act', as introduced in the House of Representatives on November 6, 2009, is enacted into law. 

 

Summary of Republican health care reform legislation H.R. 4038, 111th Congress, Nov. 6, 2009

Common Sense Health Care Reform and Affordability Act

Sponsor: Rep Camp, Dave [MI-4] (introduced 11/6/2009) Cosponsors (27)
Latest Major Action: 12/8/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
--------------------------------------------------------------------------------

Common Sense Health Care Reform and Affordability Act - Requires each state to mitigate the cost of high risk individuals in the state through: (1) a state reinsurance program; or (2) a state high risk pool.

Prohibits a health insurance issuer from applying an annual or lifetime aggregate spending cap on any health insurance coverage or plan offered by such issuer.

Requires the Secretary of Health and Human Services (HHS) to pay awards to states for reducing the premiums in the small group market or the individual market or reducing the percentage of uninsured, nonelderly residents in a state.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans, which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations and which meet certain ERISA certification requirements.

Amends ERISA, the Public Health Service Act, and the Internal Revenue Code to require group health plans that provide dependent coverage of children to continue to treat an individual as a dependent until at least 25 years of age.

Prohibits a state from establishing a law that prevents an employer from instituting auto-enrollment for coverage under a group health plan, so long as the participant or beneficiary has the option of declining such coverage.

Directs that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with conditions of this Act.

Revises provisions related to health savings accounts (HSAs), including to allow the payment of premiums for high deductible health plans from HSA accounts.

Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Establishes a statute of limitations and limits noneconomic and punitive damages.

Declares that nothing in this Act shall be construed to interfere with the doctor-patient relationship or the practice of medicine.

Repeals provisions establishing the Federal Coordinating Council for Comparative Effectiveness Research.

Permits a group health plan to vary premiums and cost-sharing by up to 50% of the benefits based on participation (or lack of participation) in a wellness program.

Prohibits funds authorized or appropriated by federal law and funds in any trust fund to which funds are authorized or appropriated by federal law from being expended for any abortion.

Allows a person to submit an application for licensure of a biological product based on its similarity to a licensed biological product (the reference product).


H.R.4038 GOP Replacement
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