I 

114TH CONGRESS 

1ST SESSION H. R. 2829 

To repeal the Patient Protection and Affordable Care Act and health carerelated provisions in the Health Care and Education Reconciliation Act 

of 2010, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2015 

Mr. DIAZ-BALART (for himself and Ms. ROS-LEHTINEN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education 

and the Workforce, Natural Resources, the Judiciary, House Administration, Rules, Appropriations, and the Budget, 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 

A BILL 

To repeal the Patient Protection and Affordable Care Act 

and health care-related provisions in the Health Care 

and Education Reconciliation Act of 2010, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Free Market Healthcare Restoration and Coverage Act 

6 of 2015’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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. 

3 SEC. 2. REPEALING RETROACTIVELY THE INDIVIDUAL 

4 MANDATE. 

5 Sections 1501 and 1502 and subsections (a), (b), (c), 

6 and (d) of section 10106 of the Patient Protection and 

7 Affordable Care Act (and the amendments made by such 

8 sections and subsections) are repealed and the Internal 

9 Revenue Code of 1986 shall be applied and administered 

10 as if such provisions and amendments had never been en11 acted. 

12 SEC. 3. REPEALING RETROACTIVELY THE EMPLOYER MAN13 DATE. 

14 Sections 1513 and 1514 and subsections (e), (f), and 

15 (g) of section 10106 of the Patient Protection and Afford16 able Care Act (and the amendments made by such sections 

17 and subsections) are repealed and the Internal Revenue 

18 Code of 1986 shall be applied and administered as if such 

19 provisions and amendments had never been enacted. 


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1 SEC. 4. MODIFICATIONS RETROSPECTIVELY TO PREMIUM 

2 ASSISTANCE CREDIT. 

3 (a) EXTENSION OF CREDIT FOR CERTAIN INDIVID4 UALS NOT ENROLLED THROUGH STATE EXCHANGES.— 

5 Subject to section 8(c)(2), paragraph (3) of section 

6 36B(b) of the Internal Revenue Code of 1986 is amended 

7 by adding at the end the following new subparagraph: 

8 ‘‘(F) SPECIAL RULE FOR INDIVIDUALS EN9 ROLLED THROUGH A FEDERAL EXCHANGE.—In 

10 the case of any applicable taxpayer who is not 

11 eligible for the credit allowed under subsection 

12 (a) (determined without regard to this subpara13 graph) solely as a result of a determination by 

14 the Supreme Court of the United States in the 

15 case of King v. Burwell (2015), paragraph 

16 (2)(A) shall be applied to months beginning be17 fore September 2017, by substituting ‘enrolled 

18 in through an Exchange established under the 

19 Patient Protection and Affordable Care Act’ for 

20 ‘enrolled in through an Exchange established by 

21 the State under 1311 of the Patient Protection 

22 and Affordable Care Act’.’’. 

23 (b) DENIAL OF CREDIT FOR INDIVIDUALS NOT PRE24 VIOUSLY ENROLLED.—Subject to section 8(c)(2), sub25 section (b) of section 36B of the Internal Revenue Code 


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1 of 1986 is amended by adding at the end the following 

2 new paragraph: 

3 ‘‘(4) LIMITATION FOR INDIVIDUALS NOT PRE4 VIOUSLY ENROLLED.—The premium assistance cred5 it amount shall be zero with respect to any qualified 

6 health plan unless such plan covers an individual de7 scribed in paragraph (2)(A) who was enrolled in a 

8 qualified health plan through an Exchange estab9 lished under the Patient Protection and Affordable 

10 Care Act before the date of the enactment of this 

11 paragraph.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to months beginning after Decem14 ber 31, 2013. 

15 SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE. 

16 (a) IN GENERAL.—Subject to section 8(c)(2), part 2 

17 of subtitle C of title I of the Patient Protection and Af18 fordable Care Act (42 U.S.C. 18011 et seq.) is amended 

19 by striking section 1251 and inserting the following: 

20 ‘‘SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE. 

21 ‘‘(a) NO CHANGES TO EXISTING COVERAGE.— 

22 ‘‘(1) IN GENERAL.—Nothing in this Act (or an 

23 amendment made by this Act) shall be construed to 

24 require that an individual terminate coverage under 

25 a group health plan or health insurance coverage in 


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1 which such individual was enrolled during any part 

2 of the period beginning on the date of enactment of 

3 this Act and ending on December 31, 2017. 

4 ‘‘(2) CONTINUATION OF COVERAGE.—With re5 spect to a group health plan or health insurance cov6 erage in which an individual was enrolled during any 

7 part of the period beginning on the date of enact8 ment of this Act and ending on December 31, 2017, 

9 this subtitle and subtitle A (and the amendments 

10 made by such subtitles) shall not apply to such plan 

11 or coverage, regardless of whether the individual re12 news such coverage. 

13 ‘‘(b) ALLOWANCE FOR FAMILY MEMBERS TO JOIN

14 CURRENT COVERAGE.—With respect to a group health 

15 plan or health insurance coverage in which an individual 

16 was enrolled during any part of the period beginning on 

17 the date of enactment of this Act and ending on December 

18 31, 2017, and which is renewed, family members of such 

19 individual shall be permitted to enroll in such plan or cov20 erage if such enrollment is permitted under the terms of 

21 the plan in effect as of such date of enrollment. 

22 ‘‘(c) ALLOWANCE FOR NEW EMPLOYEES TO JOIN

23 CURRENT PLAN.—A group health plan that provides cov24 erage during any part of the period beginning on the date 

25 of enactment of this Act and ending on December 31, 


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1 2017, may provide for the enrolling of new employees (and 

2 their families) in such plan, and this subtitle and subtitle 

3 A (and the amendments made by such subtitles) shall not 

4 apply with respect to such plan and such new employees 

5 (and their families). 

6 ‘‘(d) EFFECT ON COLLECTIVE BARGAINING AGREE7 MENTS.—In the case of health insurance coverage main8 tained pursuant to one or more collective bargaining 

9 agreements between employee representatives and one or 

10 more employers that was ratified before December 31, 

11 2017, the provisions of this subtitle and subtitle A (and 

12 the amendments made by such subtitles) shall not apply 

13 until the date on which the last of the collective bargaining 

14 agreements relating to the coverage terminates. Any cov15 erage amendment made pursuant to a collective bar16 gaining agreement relating to the coverage which amends 

17 the coverage solely to conform to any requirement added 

18 by this subtitle or subtitle A (or amendments) shall not 

19 be treated as a termination of such collective bargaining 

20 agreement. 

21 ‘‘(e) DEFINITION.—In this title, the term ‘grand22 fathered health plan’ means any group health plan or 

23 health insurance coverage to which this section applies.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall take effect as if included in the PaVerDate Sep 11 2014 03:04 Jun 23, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2829.IH H2829

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1 tient Protection and Affordable Care Act (Public Law 

2 111–148). 

3 SEC. 6. ESSENTIAL HEALTH BENEFITS. 

4 (a) IN GENERAL.—Subject to section 8(c)(2), sub5 sections (a) and (b) of section 1302 of the Patient Protec6 tion and Affordable Care Act (42 U.S.C. 18022) are 

7 amended to read as follows: 

8 ‘‘(a) ESSENTIAL HEALTH BENEFITS PACKAGE.—In 

9 this title, the term ‘essential health benefits package’ 

10 means, with respect to any health plan, coverage that pro11 vide for benefits and cost sharing as required in the States 

12 in which such plan is offered. 

13 ‘‘(b) ESSENTIAL HEALTH BENEFITS.—Essential 

14 health benefits shall be defined to include those required 

15 by the State in which a health plan is offered.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect as if included in the Pa18 tient Protection and Affordable Care Act (Public Law 

19 111–148). 

20 SEC. 7. REPEAL OF PPACA AND HEALTH CARE-RELATED 

21 PROVISIONS IN THE HEALTH CARE AND EDU22 CATION RECONCILIATION ACT OF 2010. 

23 (a) PPACA.—Effective on May 31, 2017, the Patient 

24 Protection and Affordable Care Act (Public Law 111– 

25 148) is repealed, and the provisions of law amended or 


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1 repealed by such Act are restored or revived as if such 

2 Act had not been enacted. 

3 (b) HEALTH CARE-RELATED PROVISIONS IN THE

4 HEALTH CARE AND EDUCATION RECONCILIATION ACT OF

5 2010.—Effective on May 31, 2017, title I and subtitle B 

6 of title II of the Health Care and Education Reconciliation 

7 Act of 2010 (Public Law 111–152) are repealed, and the 

8 provisions of law amended or repealed by such title or sub9 title, respectively, are restored or revived as if such title 

10 and subtitle had not been enacted. 

11 (c) TREATMENT OF OVERLAPPING PROVISIONS.— 

12 Subsections (a) and (b)— 

13 (1) shall not apply to provisions of law repealed 

14 by sections 2 and 3 of this Act; and 

15 (2) shall apply with respect to superseding the 

16 amendments made by sections 4 through 6 of this 

17 Act. 

18 SEC. 8. BUDGETARY EFFECTS. 

19 The budgetary effects of this Act shall not be entered 

20 on either PAYGO scorecard maintained pursuant to sec21 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

Æ 


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