Health Care Reform in the 112 th Congress March 1, 2011 By: Michelle Leeds, Public Affairs Advisor Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 321 N. Clark Street, Suite 2800, Chicago, IL 60654 312.832.4500
Current Makeup of Congress House of Representatives Republican majority 241 Republican 193 Democrat Republicans Goal: Pass legislation to disrupt health reform implementation
Current Makeup of Congress United States Senate Democratic majority 53 Democrat 47 Republican Democrats Goal: Block all Republican repeal/ disruption efforts
Repeal Entire Reform Law? January 19 th House passed Repealing the Job-Killing Health Care Law Act (HR 2) Repeals entire PPACA and relevant portions of Health Care and Education Reconciliation Act of 2010 Directs committees to replace legislation; no specified deadline February 2 nd Senate failed to pass similar measure as an amendment to FAA Reauthorization bill (S 223) on February 2 Senate Republicans promise similar efforts going forward
Defund? February 19 th House Passed FY2011 Continuing Resolution (HR 1) Includes amendment prohibiting use of Labor/HHS/ Education funds to pay employees or contractors to implement the reform law Eight other amendments target different areas of health reform funding Senate will not pass same level of cuts
Repeal Individual Mandate? House-passed FY11 CR (HR 1) Amendment would bar IRS from implementing individual mandate Personal Responsibility in Health Care Insurance Act (HR 767) Bill would allow individual to opt out of coverage requirement if s/he also opts out of insurance protections
Repeal 1099 Provision? February 17 th Senate passed FAA Reauthorization (S223) Contained an amendment to repeal the 1099 tax provision Offset by rescinding $44 billion in unobligated discretionary funds Small Business Paperwork Mandate Elimination Act (HR 4) Bill would repeal the 1099 tax provision with no offset
Repeal IPAB? House-passed FY11 CR (HR 1) Includes amendment that would prohibit funds for the Independent Payment Advisory Board Medicare Decisions Accountability Act (HR 452) Bill would repeal IPAB provision of PPACA
Abortion Funding? Protect Life Act (HR 358) Bill would prohibt any federal subsidies under PPACA for health insurance plans that cover abortion services No Taxpayer Funding for Abortion Act (HR 3) Bill would eliminate federal tax benefits for health insurance plans that cover abortion services House-passed FY11 CR (HR 1) Contains amendment that would deny federal funds to Planned Parenthood
Health Insurance Issues? House-passed FY11 CR (HR 1) amendments block funding for: Rules governing Medical Loss Ratio Rules defining health plan essential benefits Creation of state health insurance exchanges
Health Insurance Issues? (Cont.) Health Care Choice Act of 2011 (HR 371) Bill would permit sale of health insurance across state lines Health Insurance Rate Review Act (S 137/ HR 416) Bill would give HHS Secretary authority to deny excessive premium increases
State Waivers / Opt-Out? Empowering States to Innovate Act (S 248) Bill would allow states with innovative coverage plans to get waivers under PPACA as early as 2014 (currently 2017) State Leadership in Health Care Act (S 73) would also allow early waivers for states with their own reform plan State Health Care Choice Act (S 244) Bill would allow states to opt out of any and all provisions of PPACA
Medical Malpractice Reform? Efficient, Accessible, Low-cost Timely Health Care (HEALTH) Act (HR 5) Caps pain and suffering damages at $250,000 3 year statute of limitations to file a suit Limits attorneys' fees to 15-40% on a sliding scale Preserves state laws that contain stronger reforms
Sustainable Growth Rate (SGR) Current patch expires January 1, 2012 House-passed bill to repeal health reform (HR 2) instructs committees to replace SGR Empowering Patients First Act (HR 105) Would rebase SGR and establish two conversion factors 1) primary care 2) all other services Presidents budget request assumes a patch for ten years at current rate
Other Legislative Efforts Hearings on health reform topics Oversight hearings Other potential legislation