II 

113TH CONGRESS 

1ST SESSION S. 24 

To lower health premiums and increase choice for small businesses. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22 (legislative day, JANUARY 3), 2013 

Mr. PORTMAN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To lower health premiums and increase choice for small 

businesses. 

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 ‘‘Small Business Health Relief Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MAKING COVERAGE AFFORDABLE FOR SMALL 

BUSINESSES 

Sec. 101. Protecting American jobs and wages. 

Sec. 102. Increasing flexibility for small businesses. 

Sec. 103. Increasing choices for Americans. 

Sec. 104. Protecting patients from higher premiums. 


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Sec. 105. Ensuring affordable coverage. 

TITLE II—INCREASING CONSUMER CONTROL 

Sec. 201. Repeal of the restriction on over-the-counter medicines. 

Sec. 202. Repeal of the annual cap. 

TITLE III—ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY 

LIKE 

Sec. 301. Allowing individuals to keep the coverage they have if they like it. 

1 TITLE I—MAKING COVERAGE AF2 FORDABLE FOR SMALL BUSI3 NESSES 

4 SEC. 101. PROTECTING AMERICAN JOBS AND WAGES. 

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

6 (g) of section 10106 of the Patient Protection and Afford7 able Care Act (Public Law 111–148) and the amendments 

8 made by such sections and subsections are repealed and 

9 the Internal Revenue Code of 1986 shall be applied and 

10 administered as if such provisions and amendments had 

11 never been enacted. 

12 SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSI13 NESSES. 

14 Section 1302(c)(2) of the Patient Protection and Af15 fordable Care Act (Public Law 111–148) is repealed. 

16 SEC. 103. INCREASING CHOICES FOR AMERICANS. 

17 (a) QUALIFIED HEALTH PLAN COVERAGE SATISFIED

18 BY HIGH DEDUCTIBLE HEALTH PLAN WITH HEALTH

19 SAVINGS ACCOUNT.—Section 1302(e) of the Patient ProVerDate Mar 15 2010 22:11 Jan 23, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S24.IS S24

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1 tection and Affordable Care Act (42 U.S.C. 18022(e)) is 

2 amended to read as follows: 

3 ‘‘(e) HIGH DEDUCTIBLE HEALTH PLAN WITH

4 HEALTH SAVINGS ACCOUNT.—A health plan not pro5 viding a bronze, silver, gold, or platinum level of coverage 

6 shall be treated as meeting the requirements of subsection 

7 (d) with respect to any plan year for any enrollee if the 

8 plan meets the requirements for a high deductible health 

9 plan under section 223(c)(2) of the Internal Revenue Code 

10 of 1986 and such enrollee has established a health savings 

11 account (as defined in section 223(d)(1) of such Code) in 

12 relation to such plan.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Subparagraph (C) of section 1312(d)(3) of 

15 the Patient Protection and Affordable Care Act (42 

16 U.S.C. 18032(d)(3)) is amended by striking ‘‘, ex17 cept’’ and all that follows through ‘‘1302(e)(2)’’. 

18 (2) Subparagraph (A) of section 36B(c)(3) of 

19 the Internal Revenue Code of 1986, as added by sec20 tion 1401(a) of the Patient Protection and Afford21 able Care Act (Public Law 111–148) is amended by 

22 striking ‘‘, except’’ and all that follows through 

23 ‘‘such Act’’. 

24 (3) Subparagraph (B) of section 1334(c)(1) of 

25 the Patient Protection and Affordable Care Act (42 


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1 U.S.C. 18054(c)(1)) is amended by striking ‘‘and 

2 catastrophic coverage’’. 

3 SEC. 104. PROTECTING PATIENTS FROM HIGHER PRE4 MIUMS. 

5 Section 9010 of the Patient Protection and Afford6 able Care Act (Public Law 111–148), as amended by sec7 tion 10905 of such Act, is repealed. 

8 SEC. 105. ENSURING AFFORDABLE COVERAGE. 

9 Section 2701(a)(1)(A)(iii) of the Public Health Serv10 ice Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 

11 1201 of the Patient Protection and Affordable Care Act 

12 (Public Law 111–148), is amended by striking ‘‘, except’’ 

13 and all that follows through ‘‘2707(c))’’. 

14 TITLE II—INCREASING 

15 CONSUMER CONTROL 

16 SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE17 COUNTER MEDICINES. 

18 Section 9003 of the Patient Protection and Afford19 able Care Act (Public Law 111–148) and the amendments 

20 made by such section are repealed; and the Internal Rev21 enue Code of 1986 shall be applied as if such section, and 

22 amendments, had never been enacted. 

23 SEC. 202. REPEAL OF THE ANNUAL CAP. 

24 Sections 9005 and 10902 of the Patient Protection 

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1 tion 1403 of the Health Care and Education Reconcili2 ation Act of 2010 (Public Law 111–152) and the amend3 ments made by such sections are repealed. 

4 TITLE III—ALLOWING INDIVID5 UALS TO KEEP COVERAGE 

6 THEY LIKE 

7 SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COV8 ERAGE THEY HAVE IF THEY LIKE IT. 

9 (a) IN GENERAL.—Section 1251(a)(2) of the Patient 

10 Protection and Affordable Care Act (42 U.S.C. 18011) is 

11 amended— 

12 (1) by striking ‘‘Except as provided in para13 graph (3),’’ and inserting the following: 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 paragraphs (3) and (4),’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(B) PROTECTING EMPLOYERS AND CON18 SUMERS WITH GRANDFATHERED COVERAGE.— 

19 ‘‘(i) IN GENERAL.—A group health 

20 plan or health insurance coverage in which 

21 an individual is enrolled on or after March 

22 23, 2010, but before any plan year begin23 ning not later than 1 year after the date 

24 of the enactment of this subparagraph, and 

25 which is deemed to be a grandfathered 


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1 health plan under this section, shall con2 tinue to be considered a grandfathered 

3 health plan with respect to such individual 

4 regardless of any modification to the cost5 sharing levels, employer contribution rates, 

6 or covered benefits under such plan or cov7 erage as otherwise permitted under this 

8 Act (and the amendments made by this 

9 Act). 

10 ‘‘(ii) REGULATIONS.—The Secretary 

11 shall promulgate regulations to clarify the 

12 application of clause (i) to a plan or cov13 erage that continues to be a grandfathered 

14 health plan pursuant to such clause.’’. 

15 (b) EFFECTIVE DATE; PREVIOUSLY PROMULGATED

16 REGULATIONS VOIDED.— 

17 (1) EFFECTIVE DATE.—The amendments made 

18 by this section shall take effect as if included in the 

19 enactment of the Patient Protection and Affordable 

20 Care Act. 

21 (2) PREVIOUSLY PROMULGATED REGULATIONS

22 VOIDED.—Any regulations relating to section 

23 1251(a)(2) of such Act promulgated before the date 


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1 of the enactment of this Act shall have no force or 

2 effect. 

Æ 


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