PoliticalRepoPoliticalRepo

United States · Law · HR

H.R. 3962 (111th)

Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010

enactedUnited States· United States Congress· EN

Introduced

29 October 2009

Last action

25 June 2010 · President

Status

Became Public Law No: 111-192.

Sponsors

Rep. Dingell, John D. [D-MI-16], Rep. Rangel, Charles B. [D-NY-19], Rep. Waxman, Henry A. [D-CA-24], Rep. Miller, George [D-CA-7], Rep. Stark, Fortney Pete [D-CA-9], Rep. Pallone, Frank [D-NJ-6], Rep. Andrews, Robert E. [D-NJ-1]

Subjects

Healthcare, Transport, Taxation, Education

Source updated

21 July 2025

Healthcare · Transport · Taxation · Education

Official sourceDownload fileView documentsShare

Summary

Affordable Health Care for America Act - Requires the Secretary of Health and Human Services (HHS) to establish: (1) a temporary national high-risk pool program to provide health benefits to certain uninsured individuals who have a medical condition; and (2) a temporary reinsurance program to assist participating employment-based plans with the cost of providing health benefits to retirees and their beneficiaries. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth provisions governing health insurance plans and issuers, including to: (1) provide for rebates to enrollees based on a plan's medical loss ratio (a ratio of medical expenses paid to premiums received); (2) prohibit rescission of health insurance coverage without clear and convincing evidence of fraud; (3) require the option of extending coverage for children under 27 years of age; (4) limit preexisting condition exclusions; and (5) prohibit aggregate dollar lifetime limits on benefits. Extends COBRA coverage (health insurance continuation benefits) until an individual becomes eligible for health insurance coverage through the Health Insurance Exchange under this Act. Provides for grandfathered health insurance coverage. Establishes standards for qualified health benefits plans, including standards to: (1) prohibit any preexisting condition exclusions; (2) require guaranteed availability and renewability of health insurance coverage; (3) limit premium variances, except for reasons of age, area, or family enrollment; (4) prohibit discrimination based on health status factors; and (5) require parity for mental health benefits. Requires qualified health benefits plans to provide coverage that meets the standards for the essential benefits package. Prohibits an essential benefits package from imposing any annual or lifetime limits on coverage. Lists required covered services, including hospitalization, prescription drugs, mental health services, maternity care, and children's oral health, vision, and hearing services. Prohibits cost-sharing for preventive items and services. Limits annual cost-sharing to $5,000 for an individual and $10,000 for a family. Prohibits abortion services from being required under an essential benefits package or under a qualified health benefits plan. Establishes the Health Choices Administration as an independent agency to be headed by a Health Choices Commissioner. Establishes the Health Insurance Exchange within the Administration to facilitate access of individuals and employers to a variety of choices of affordable, quality health insurance coverage, including a public health insurance option. Requires the Commissioner to: (1) contract with entities to offer health benefit plans through the Exchange to eligible individuals; (2) coordinate the distribution of affordability premium and cost-sharing credits; and (3) establish a risk-pooling mechanism for Exchange-participating health plans. Authorizes state-based Health Insurance Exchanges to operate in a state or group of states instead of the Health Insurance Exchange, with approval of the Commissioner. Requires the Commissioner to establish a Consumer Operated and Oriented Plan program (CO-OP program) under which the Commissioner may make grants and loans for the establishment and initial operation of not-for-profit, member-run, health insurance cooperatives that provide insurance through the Health Insurance Exchange or a state-based Health Insurance Exchange. Requires the HHS Secretary to offer an Exchange-participating health benefits plan. Sets forth provisions regarding the operation of the Public Health Insurance Option. Provides for an affordability premium credit and an affordability cost-sharing credit for low-income individuals participating in the Exchange. Requires employers to offer health benefits coverage to employees and make specified contributions towards such coverage or make contributions to the Exchange for employees obtaining coverage through the Exchange. Exempts businesses with payrolls below $500,000 from such requirement. Amends the Internal Revenue Code to: (1) impose a surtax on the income of individuals who do not obtain health care coverage and on employers (other than small business employers) who fail to satisfy health coverage participation requirements; (2) allow a new tax credit for small business employers who provide health care coverage to their employees; (3) increase the penalty for distributions from health savings accounts not used for qualified medical expenses; (4) modify rules and contribution limits for certain employee benefit plans; (5) allow an exclusion from gross income for the value of certain medical care provided to members of Indian tribes; (6) impose a 5.4% surtax on individuals whose adjusted gross income exceeds $500,000 ($1 million for married couples filing joint returns); (7) impose a 2.5% excise tax on medical devices; (8) delay until 2020 tax rules applicable to the foreign tax credit for the worldwide allocation of interest; (9) set forth rules for the application of the economic substance doctrine and impose penalties for underpayments of tax due to transactions lacking economic substance; and (10) extend the tax exemption for employer-provided health care benefits to certain eligible beneficiaries of the taxpayer. Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise provisions relating to payment, coverage, and access, including to: (1) permit physician assistants to order post-hospital extended care services, and to provide for recognition of attending physician assistants as attending physicians to serve hospice patients; (2) provide adjustment to Medicare payment localities for physician services; (3) modify the Medicare payment systems to address geographic inequities; (4) limit cost-sharing for individual health services under the Medicare Advantage program; (5) eliminate the coverage gap under Medicare Part D (Voluntary Prescription Drug Benefit Program); (6) eliminate Medicare part D cost-sharing for certain non-institutionalized full dual eligible individuals; (7) cover marriage and family therapist services and mental health counselor services; and (8) expand access to vaccines. Requires the HHS Secretary to establish within the Agency for Healthcare Research and Quality a Center for Comparative Effective Research. Establishes accountability requirements for long-term care facilities and provides for transparency with respect to them. Provides enhanced penalties for fraud and abuse. Amends title XIX (Medicaid) of the SSA to: (1) expand Medicaid eligibility for low-income individuals and families; (2) require coverage of additional preventive services; and (3) increase payments for primary care services. Sets forth provisions to prevent health care fraud. Sets forth miscellaneous provisions relating to: (1) extension of the qualifying individual (QI) program; (2) the Medicaid and CHIP Payment and Access Commission; (3) prohibitions against federal Medicaid and CHIP payments for undocumented aliens; (4) the repeal of the comparative cost adjustment program; (5) grants to states for quality home visitation programs for families with young children and families expecting children; (6) establishment of the Center for Medicare and Medicaid Innovation; and (7) application of emergency services laws. Amends the Public Health Service Act to set forth provisions related to: (1) community health centers; (2) health care provider scholarship and loan repayment programs; (3) training programs; (4) health care workforce diversity and data collection; and (5) the 340B drug discount program (a program limiting the cost of covered drugs to certain federal grantees). Requires the HHS Secretary to establish: (1) the Advisory Committee on Health Workforce Evaluation and Assessment; (2) a community-based overweight and obesity prevention program; (3) a demonstration project for medical-legal partnerships to assist patients navigating health-related programs and activities; (4) the Emergency Care Coordination Center; (5) the Council of Emergency Care; (6) the Interagency Pain Research Coordinating Committee; (7) a national pain care education outreach and awareness campaign; and (8) a national medical device registry. Establishes: (1) a Prevention and Wellness Trust for carrying out prevention and wellness activities; (2) the Center for Quality Improvement to focus on quality improvement activities in the delivery of health care services; and (3) the position of Assistant Secretary for Health Information. Provides grants for: (1) school-based health clinics; (2) nurse-managed health centers; (3) federally qualified behavioral health centers; (4) influenza vaccinations to children in elementary and secondary schools; (5) evidence-based education programs to reduce teen pregnancy or sexually transmitted diseases; (6) services to children and adults with autism and their families; (7) University Centers for Excellence in Developmental Disabilities Education, Research, and Service; (8) medication management services; (9) infant mortality pilot programs; (10) community-based collaborative care networks; and (11) trauma centers and emergency medical care systems. Requires the HHS Secretary to make an incentive payment to each state that has an alternative medical liability law. Provides for: (1) nutrition labeling of standard menu items offered for sale in chain restaurants and vending machines; and (2) standards to make medical diagnostic equipment accessible to, and usable by, individuals with disabilities. Prohibits certain practices related to patent infringement claims against generic drugs. 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). Establishes a national, voluntary disability insurance program to purchase community living assistance services and supports (CLASS program) under which: (1) all employees are automatically enrolled, but are allowed to waive enrollment; (2) payroll deductions pay monthly premiums; and (3) benefits are provided, based on the level of disability, to purchase nonmedical services and supports that the beneficiary needs to maintain independence. Makes states eligible for federal funds under the Public Health Service Act only if they agree to be subject as an employer to the obligations under this Act. Establishes Offices of Women's Health within HHS and its agencies. Indian Health Care Improvement Act Amendments of 2009 - Amends the Indian Health Care Improvement Act to revise requirements for health care programs and services for Indians, Indian tribes, tribal organizations, and urban Indian organizations. Replaces the Urban Health Programs Branch with a Division of Urban Indian Health. Authorizes grants to urban Indian organizations for health information technology, telemedicine services development, and related infrastructure. Directs the HHS Secretary, acting through the Indian Health Service, to provide programs of comprehensive behavioral health, prevention, and treatment. Reauthorizes the Indian Health Care Improvement Act. Amends the Indian Self-Determination and Education Assistance Act to direct the HHS Secretary to establish the Native American Health and Wellness Foundation. Expands coverage for qualified Indians in the State Children's Health Insurance Program (CHIP, formerly known as SCHIP) under title XXI of the SSA, as well as under Medicare (SSA title XVIII) and Medicaid (SSA title XIX). Authorizes related payments to Indian Health Programs operating in the state.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 29 October 2009

    Introduced

    Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Ways and Means, Oversight and Government Reform, the Budget, Rules, Natural Resources, and the Judiciary, 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.

    Source: IntroReferral

  2. 29 October 2009

    Introduced

    Referred to House Energy and Commerce

    Source: IntroReferral

  3. 29 October 2009

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 29 October 2009

    Introduced

    Introduced in House

    Source: IntroReferral

  5. 2 November 2009

    Referred

    Referred to the Subcommittee on Health.

    Source: Committee

  6. 7 November 2009

    Passed

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

    Source: Floor

  7. 7 November 2009

    Vote

    On passage Passed by recorded vote: 220 - 215 (Roll no. 887).

    Source: Floor

  8. 7 November 2009

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 220 - 215 (Roll no. 887).

    Source: Floor

  9. 7 November 2009

    Vote

    On motion to recommit with instructions Failed by recorded vote: 187 - 247 (Roll no. 886). (consideration: CR H12967)

    Source: Floor

  10. 7 November 2009

    Floor

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12967)

    Source: Floor

  11. 7 November 2009

    Floor

    Mr. Cantor moved to recommit with instructions to Energy and Commerce. (consideration: CR H12963-12967; text: CR H12963-12966)

    Source: Floor

  12. 7 November 2009

    Passed

    On ordering the previous question Agreed to by voice vote. (consideration: CR H12963)

    Source: Floor

  13. 7 November 2009

    Floor

    Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours 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. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

    Source: Floor

  14. 7 November 2009

    Floor

    Considered under the provisions of rule H. Res. 903. (consideration: CR H12623-12968; text of mesure as amended in House: CR H12623-12834)

    Source: Floor

  15. 7 November 2009

    Reported

    Rules Committee Resolution H. Res. 903 Reported to House. Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours 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. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

    Source: Floor

  16. 10 November 2009

    Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

    Source: Calendars

  17. 16 November 2009

    Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 210.

    Source: Calendars

  18. 18 June 2010

    Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S5150-5151)

    Source: Floor

  19. 18 June 2010

    Passed

    Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

    Source: Floor

  20. 24 June 2010

    Floor

    Presented to President.

    Source: Floor

  21. 24 June 2010

    President

    Presented to President.

    Source: President

  22. 24 June 2010

    Action

    Cleared for White House.

  23. 24 June 2010

    Passed

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

    Source: ResolvingDifferences

  24. 24 June 2010

    Vote

    On motion that the House suspend the rules and concur in the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 393). (text as House agreed to Senate amendments: CR H4829-4835)

    Source: ResolvingDifferences

  25. 24 June 2010

    Vote

    Resolving differences -- House actions: On motion that the House suspend the rules and concur in the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 393).(text as House agreed to Senate amendments: CR H4829-4835)

    Source: NotUsed

  26. 24 June 2010

    Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 3962.

    Source: Floor

  27. 24 June 2010

    Vote

    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.

    Source: ResolvingDifferences

  28. 24 June 2010

    ResolvingDifferences

    Mr. Levin moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H4829-4841)

    Source: ResolvingDifferences

  29. 25 June 2010

    Became law

    Became Public Law No: 111-192.

    Source: President

  30. 25 June 2010

    Became law

    Signed by President.

    Source: BecameLaw

  31. 25 June 2010

    President

    Signed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

Documents

16 official files

Enrolled Bill (text)

View fileDownload file

Sponsors

Related records

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.