Free Market Healthcare Restoration and Coverage Act of 2015

Summary: Free Market Healthcare Restoration and Coverage Act of 2015 This bill repeals the Patient Protection and Affordable Care Act (PPACA) and the health care provisions of the Health Care and Education Reconciliation Act of 2010, effective May 31, 2017. Provisions amended by the repealed provisions are restored. PPACA and the Internal Revenue Code are amended to repeal the requirements for individuals to maintain minimum essential coverage and for large employers to pay penalties if a full-time employee: (1) must wait longer than 60 days to enroll in an employer-sponsored health plan, or (2) receives a premium assistance tax credit or reduced cost-sharing. Coverage reporting requirements for providers and large employers are also repealed. These amendments are applied as if the repealed provisions had not been enacted. Individuals enrolled in a health plan purchased through the federal health insurance exchange at the time of enactment of this Act who are ineligible for a premium assistance tax credit solely as a result of a determination by the Supreme Court in King v. Burwell are eligible for the tax credit. This applies to coverage months beginning after December 2013. Group health coverage in which an individual was enrolled for any period after enactment of PPACA (March 23, 2010) is a grandfathered health plan under PPACA and is exempt from some coverage requirements. Essential health benefits are defined by states. This amendment takes effect as if included in PPACA. The budgetary effects of this bill must not be entered on the PAYGO scorecards maintained by the Office of Management and Budget.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Free Market 
Healthcare Restoration and Coverage Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Repealing the individual mandate.
Sec. 3. Repealing the employer mandate.
Sec. 4. Modifications to premium assistance credit.
Sec. 5. Freedom to maintain existing coverage.
Sec. 6. Essential health benefits.
Sec. 7. Repeal of PPACA and health care-related provisions in the 
                            Health Care and Education Reconciliation 
                            Act of 2010.
Sec. 8. Budgetary effects.

SEC. 2. REPEALING RETROACTIVELY THE INDIVIDUAL MANDATE.

    Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of 
section 10106 of the Patient Protection and Affordable Care Act (and 
the amendments made by such sections and subsections) are repealed and 
the Internal Revenue Code of 1986 shall be applied and administered as 
if such provisions and amendments had never been enacted.

SEC. 3. REPEALING RETROACTIVELY THE EMPLOYER MANDATE.

    Sections 1513 and 1514 and subsections (e), (f), and (g) of section 
10106 of the Patient Protection and Affordable Care Act (and the 
amendments made by such sections and subsections) are repealed and the 
Internal Revenue Code of 1986 shall be applied and administered as if 
such provisions and amendments had never been enacted.

SEC. 4. MODIFICATIONS RETROSPECTIVELY TO PREMIUM ASSISTANCE CREDIT.

    (a) Extension of Credit for Certain Individuals Not Enrolled 
Through State Exchanges.--Subject to section 8(c)(2), paragraph (3) of 
section 36B(b) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new subparagraph:
                    ``(F) Special rule for individuals enrolled through 
                a federal exchange.--In the case of any applicable 
                taxpayer who is not eligible for the credit allowed 
                under subsection (a) (determined without regard to this 
                subparagraph) solely as a result of a determination by 
                the Supreme Court of the United States in the case of 
                King v. Burwell (2015), paragraph (2)(A) shall be 
                applied to months beginning before September 2017, by 
                substituting `enrolled in through an Exchange 
                established under the Patient Protection and Affordable 
                Care Act' for `enrolled in through an Exchange 
                established by the State under 1311 of the Patient 
                Protection and Affordable Care Act'.''.
    (b) Denial of Credit for Individuals Not Previously Enrolled.--
Subject to section 8(c)(2), subsection (b) of section 36B of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new paragraph:
            ``(4) Limitation for individuals not previously enrolled.--
        The premium assistance credit amount shall be zero with respect 
        to any qualified health plan unless such plan covers an 
        individual described in paragraph (2)(A) who was enrolled in a 
        qualified health plan through an Exchange established under the 
        Patient Protection and Affordable Care Act before the date of 
        the enactment of this paragraph.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to months beginning after December 31, 2013.

SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE.

    (a) In General.--Subject to section 8(c)(2), part 2 of subtitle C 
of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 
18011 et seq.) is amended by striking section 1251 and inserting the 
following:

``SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE.

    ``(a) No Changes to Existing Coverage.--
            ``(1) In general.--Nothing in this Act (or an amendment 
        made by this Act) shall be construed to require that an 
        individual terminate coverage under a group health plan or 
        health insurance coverage in which such individual was enrolled 
        during any part of the period beginning on the date of 
        enactment of this Act and ending on December 31, 2017.
            ``(2) Continuation of coverage.--With respect to a group 
        health plan or health insurance coverage in which an individual 
        was enrolled during any part of the period beginning on the 
        date of enactment of this Act and ending on December 31, 2017, 
        this subtitle and subtitle A (and the amendments made by such 
        subtitles) shall not apply to such plan or coverage, regardless 
        of whether the individual renews such coverage.
    ``(b) Allowance for Family Members To Join Current Coverage.--With 
respect to a group health plan or health insurance coverage in which an 
individual was enrolled during any part of the period beginning on the 
date of enactment of this Act and ending on December 31, 2017, and 
which is renewed, family members of such individual shall be permitted 
to enroll in such plan or coverage if such enrollment is permitted 
under the terms of the plan in effect as of such date of enrollment.
    ``(c) Allowance for New Employees To Join Current Plan.--A group 
health plan that provides coverage during any part of the period 
beginning on the date of enactment of this Act and ending on December 
31, 2017, may provide for the enrolling of new employees (and their 
families) in such plan, and this subtitle and subtitle A (and the 
amendments made by such subtitles) shall not apply with respect to such 
plan and such new employees (and their families).
    ``(d) Effect on Collective Bargaining Agreements.--In the case of 
health insurance coverage maintained pursuant to one or more collective 
bargaining agreements between employee representatives and one or more 
employers that was ratified before December 31, 2017, the provisions of 
this subtitle and subtitle A (and the amendments made by such 
subtitles) shall not apply until the date on which the last of the 
collective bargaining agreements relating to the coverage terminates. 
Any coverage amendment made pursuant to a collective bargaining 
agreement relating to the coverage which amends the coverage solely to 
conform to any requirement added by this subtitle or subtitle A (or 
amendments) shall not be treated as a termination of such collective 
bargaining agreement.
    ``(e) Definition.--In this title, the term `grandfathered health 
plan' means any group health plan or health insurance coverage to which 
this section applies.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the Patient Protection and Affordable 
Care Act (Public Law 111-148).

SEC. 6. ESSENTIAL HEALTH BENEFITS.

    (a) In General.--Subject to section 8(c)(2), subsections (a) and 
(b) of section 1302 of the Patient Protection and Affordable Care Act 
(42 U.S.C. 18022) are amended to read as follows:
    ``(a) Essential Health Benefits Package.--In this title, the term 
`essential health benefits package' means, with respect to any health 
plan, coverage that provide for benefits and cost sharing as required 
in the States in which such plan is offered.
    ``(b) Essential Health Benefits.--Essential health benefits shall 
be defined to include those required by the State in which a health 
plan is offered.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the Patient Protection and Affordable 
Care Act (Public Law 111-148).

SEC. 7. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS IN THE 
              HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.

    (a) PPACA.--Effective on May 31, 2017, the Patient Protection and 
Affordable Care Act (Public Law 111-148) 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 2010.--Effective on May 31, 2017, title I and 
subtitle B of title II of the Health Care and Education Reconciliation 
Act of 2010 (Public Law 111-152) 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.
    (c) Treatment of Overlapping Provisions.--Subsections (a) and (b)--
            (1) shall not apply to provisions of law repealed by 
        sections 2 and 3 of this Act; and
            (2) shall apply with respect to superseding the amendments 
        made by sections 4 through 6 of this Act.

SEC. 8. BUDGETARY EFFECTS.

    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.