Preserving Freedom and Choice in Health Care Act

To preserve freedom and choice in health care. 1. Short title This Act may be cited as the Preserving Freedom and Choice in Health Care Act 2. Repealing 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10106 of the Patient Protection and Affordable Care Act (and the amendments made by such sections and subsections) are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. 3. Repealing 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10106 of the Patient Protection and Affordable Care Act (and the amendments made by such sections and subsections) are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. 4. Modifications to premium assistance credit (a) Extension of credit for certain individuals not enrolled through State Exchanges Paragraph (3) of section 36B(b) (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 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 Subsection (b) of section 36B (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. 5. Freedom to maintain existing coverage (a) In general Part 2 of subtitle C of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18011 et seq. 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 . (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 6. Essential health benefits (a) In general Subsections (a) and (b) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 (a) Essential health benefits package In this title, the term essential health benefits package (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

Summary: Preserving Freedom and Choice in Health Care Act This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code 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. 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 and before September 2017. Group health coverage in which an individual was enrolled during any part of the period beginning on the date of enactment of PPACA (March 23, 2010) and ending on December 31, 2017, 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.