I 

112TH CONGRESS 

1ST SESSION H. R. 2676 

To lower health premiums and increase choice for small businesses. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2011 

Mr. SCHWEIKERT (for himself, Mr. RIBBLE, and Mr. FRANKS of Arizona) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and 

Means, 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 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 2011’’. 

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 

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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. 

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8 made by such sections and subsections are repealed and 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14 Section 1302(c)(2) of the Patient Protection and Af15 fordable Care Act (Public Law 111–148) is repealed. 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 Promstockstill on DSK4VPTVN1PROD with BILLS

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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 

25 and Affordable Care Act (Public Law 111–148) and secmstockstill on DSK4VPTVN1PROD with BILLS

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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 and the Internal 

4 Revenue Code of 1986 shall be applied as if such sections 

5 and amendments had never been enacted. 

6 TITLE III—ALLOWING INDIVID7 UALS TO KEEP COVERAGE 

8 THEY LIKE 

9 SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COV10 ERAGE THEY HAVE IF THEY LIKE IT. 

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

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

13 amended— 

14 (1) by striking ‘‘Except as provided in para15 graph (3),’’ and inserting the following: 

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

17 paragraphs (3) and (4),’’; and 

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

19 ‘‘(B) PROTECTING EMPLOYERS AND CON20 SUMERS WITH GRANDFATHERED COVERAGE.— 

21 ‘‘(i) IN GENERAL.—A group health 

22 plan or health insurance coverage in which 

23 an individual is enrolled on or after March 

24 23, 2010, but before any plan year begin25 ning not later than 1 year after the date 

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1 of the enactment of this subparagraph, and 

2 which is deemed to be a grandfathered 

3 health plan under this section, shall con4 tinue to be considered a grandfathered 

5 health plan with respect to such individual 

6 regardless of any modification to the cost7 sharing levels, employer contribution rates, 

8 or covered benefits under such plan or cov9 erage as otherwise permitted under this 

10 Act (and the amendments made by this 

11 Act). 

12 ‘‘(ii) REGULATIONS.—The Secretary 

13 shall promulgate regulations to clarify the 

14 application of clause (i) to a plan or cov15 erage that continues to be a grandfathered 

16 health plan pursuant to such clause.’’. 

17 (b) EFFECTIVE DATE; PREVIOUSLY PROMULGATED

18 REGULATIONS VOIDED.— 

19 (1) EFFECTIVE DATE.—The amendments made 

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

21 enactment of the Patient Protection and Affordable 

22 Care Act. 

23 (2) PREVIOUSLY PROMULGATED REGULATIONS

24 VOIDED.—Any regulations relating to section 

25 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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