S-222 : Still Just a Bill

Obamacare Replacement Act

This bill amends the Internal Revenue Code, the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Social Security Act to repeal certain provisions regarding health insurance, including: the requirement for individuals to maintain minimum essential coverage, limitations on insurers varying premiums by age or health status, requirements for health insurance to cover preexisting conditions and the essential health benefits, and the prohibition on lifetime or annual limits on benefits.

The bill allows a refundable tax credit for a percentage of health insurance premiums and a tax credit for health savings account (HSA) contributions.

The bill eliminates HSA contribution limits and allows all individuals to make contributions to HSAs. HSAs may be used to pay for over-the-counter medications and health insurance in addition to currently allowed medical expenses.

The tax deduction for medical care is expanded to include exercise equipment, exercise or health instruction, gym memberships, nutritional supplements, and periodic, pre-paid, or capitated primary care fees. Physicians may deduct uncompensated and charity care.

The bill provides for the establishment and governance of: (1) independent health pools, which are entities that form risk pools to offer health insurance coverage to their members; and (2) association health plans, which are group health plans sponsored by business associations.

Individual health insurance coverage is governed by the laws of a state designated by the health insurance issuer.

The Centers for Medicare and Medicaid Services must (currently, may) waive Medicaid requirements to enable states to carry out experimental, pilot, or demonstration projects.

The bill exempts health care professionals from federal and state antitrust laws in connection with negotiations with a health plan to provide health care items or services.

Stop-loss insurance obtained by certain health plans or plan sponsors is exempt from requirements for health insurance.