I 
111TH CONGRESS 
2D SESSION 
H. R. 5424 
To repeal the Patient Protection and Affordable Care Act and the Health 
Care and Education Reconciliation Act of 2010 and enact the Common 
Sense Health Care Reform and Affordability Act. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 27, 2010 
Mr. HERGER (for himself, Mr. BOEHNER, Mr. CANTOR, Mr. PENCE, Mrs. 
MCMORRIS RODGERS, Mr. SESSIONS, Mr. MCCARTHY of California, Mr. 
BLUNT, Mr. CAMP, Mr. BARTON of Texas, Mr. KLINE of Minnesota, Mr. 
SHIMKUS, Mr. PRICE of Georgia, Mr. BRADY of Texas, Mr. LINDER, Mr. 
TIBERI, Mr. DAVIS of Kentucky, Mr. REICHERT, Mr. BOUSTANY, Mr. 
HELLER, and Mr. ROSKAM) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committees on Appropriations, Ways and Means, Education and 
Labor, the Judiciary, Natural Resources, House Administration, and 
Rules, 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 the Health Care and Education Reconciliation Act 
of 2010 and enact the Common Sense Health Care Re-
form and Affordability Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reform Americans Can 
Afford Act of 2010’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The nonpartisan Congressional Budget Of-
fice (referred to in this section as the ‘‘CBO’’) pre-
dicts that health insurance premiums will increase 
by $2,100 for millions of families by 2016 as a re-
sult of the Democrats’ health overhaul. 
(2) The Obama Administration’s own actuaries 
at the Centers for Medicare & Medicaid Services (re-
ferred to in this section as the ‘‘CMS’’) predict that, 
‘‘[N]ational health expenditures under the health re-
form 
act 
would 
increase 
by 
a 
total 
of 
$311,000,000,000 (0.9 percent) during calendar 
years 2010–2019’’ as a result of the Democrats’ 
health overhaul. 
(3) The CMS actuaries predict that 14,000,000 
Americans would lose their employer-sponsored in-
surance as a result of the Democrats’ health over-
haul. 
(4) The Democrats’ health overhaul penalizes 
Americans who save money to pay for their health 
care and threatens to reduce the value of the health 
benefits of 43,000,000 Americans with Flexible 
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Spending Arrangements and Health Savings Ac-
counts. 
(5) CBO estimates the Democrats’ health over-
haul slashes Medicare by more than one-half trillion 
dollars in order to fund a new Government entitle-
ment program. 
(6) The Medicare actuaries found these Medi-
care cuts to be so drastic that they caution, ‘‘pro-
viders for whom Medicare constitutes a substantive 
portion of their business could find it difficult to re-
main profitable and, absent legislative intervention, 
might end their participation in the program (pos-
sibly jeopardizing access to care for beneficiaries)’’. 
(7) The CMS actuaries predict 7,000,000 Medi-
care beneficiaries will no longer be enrolled in a 
Medicare Advantage plan and millions of seniors 
who are currently enrolled in a Medicare Advantage 
plan will see their benefits slashed and out-of-pocket 
costs increase. 
(8) According to the Joint Committee on Tax-
ation and the CBO, the Democrats’ health law con-
tains a total of $569,200,000,000 in tax increases, 
including a dozen separate provisions that break 
President Obama’s pledge to avoid tax increases on 
middle-class Americans earning less than $200,000 
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tors, spinning-off small new companies, reducing 
workforces, and reducing wages’’. 
(14) The National Federation of Independent 
Business, which represents 350,000 small busi-
nesses, said through mandates, ‘‘employees ulti-
mately bear the cost of their health insurance 
through lower employment, depressed wages, de-
pressed productivity, and loss of economic opportuni-
ties’’. 
(15) CBO found that 3,900,000 Americans 
would pay $17,000,000,000 in taxes for not pur-
chasing Government-approved health insurance and 
that nearly half of these taxes would be paid by fam-
ilies earning less than 300 percent of the Federal 
poverty level. 
(16) The Internal Revenue Service may have to 
hire as many as 16,500 additional agents, auditors, 
and other workers to enforce all the new taxes and 
penalties in the Democrats’ health overhaul, dan-
gerously expanding the Government’s reach into the 
lives of virtually every American. 
(17) The CMS actuaries predict the nearly 
$110,000,000,000 in new health care industry taxes 
in the Democrats’ health overhaul will be passed 
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onto consumers in the form of higher premiums and 
out-of-pocket costs. 
(18) The subsidies for individuals and families 
(who earn less than 400 percent of the Federal pov-
erty level) in the Democrats’ health overhaul are 
structured in a way that will financially punish mar-
ried couples. For example, a woman earning 
$32,000 in 2016 who gets married to a man earning 
the same amount will pay an average marriage pen-
alty of $9,640 versus what they would have paid for 
health coverage had they not married. 
(19) The rapid phase-out of the premium tax 
credits, when combined with existing income and 
payroll tax rates, create effective marginal tax rates 
exceeding 100 percent in certain cases, thus destroy-
ing any incentive to work harder and earn more in-
come. 
(20) The so-called ‘‘Patient-Centered Outcomes 
Research Institute’’ paves the way for Government- 
sanctioned rationing of life-saving treatments by al-
lowing the coverage of health care treatments and 
services to be based on how much those treatments 
and services cost. 
(21) The CMS actuaries predict the program to 
help cover the sickest Americans will be so inad-
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equately funded that premiums will have to increase 
‘‘substantially’’ to maintain solvency. 
(22) The CMS actuaries estimate 18,000,000 
Americans will be dumped into Medicaid, a program 
in which they are likely to have a difficult time find-
ing a doctor to treat them, as a result of the Demo-
crats’ health overhaul. 
(23) The Medicaid expansion in the Democrats’ 
health overhaul will force States to spend an addi-
tional $20,000,000,000 on their Medicaid programs 
at time where the vast majority of States are facing 
a budget crisis. 
(24) The 2010 budget deficit currently stands 
at $1,400,000,000,000 and the national debt totals 
$12,000,000,000,000. 
(25) The CMS actuaries exposed the Demo-
crats’ budget gimmicks, saying a new Government- 
run long-term care program that Democrats have 
touted as saving $72,000,000,000 over the next ten 
years will ‘‘face a significant risk of failure’’ and 
also that ‘‘the improved [Medicare] financing cannot 
be simultaneously used to finance other Federal out-
lays (such as the coverage expansions) and to extend 
the trust fund’’. 
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(26) CBO estimates the House Republican 
health reform bill would reduce premiums across the 
board by up to $1,050 annually. 
(27) The House Republican health reform bill 
would not cut Medicare or increase taxes. 
(28) CBO estimates the Republican health re-
form bill would reduce the Federal deficit by 
$68,000,000,000 over the next 10 years. 
(29) As of introduction of this bill, 21 State at-
torneys general are suing the Federal Government, 
challenging the constitutionality of the Democrats’ 
new health care law. 
SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AF-
FORDABLE CARE ACT AND THE HEALTH 
CARE AND EDUCATION RECONCILIATION ACT 
OF 2010. 
(a) PATIENT PROTECTION AND AFFORDABLE CARE 
ACT.—Effective as of the enactment of the Patient Pro-
tection and Affordable Care Act, such Act is repealed, and 
the provisions of law amended or repealed by such Act 
are restored or revived as if such Act had not been en-
acted. 
(b) HEALTH CARE
AND EDUCATION RECONCILI-
ATION ACT OF 2010.—Effective as of the enactment of 
the Health Care and Education Reconciliation Act of 
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2010, such Act 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. 
SEC. 4. ENACTMENT OF THE COMMON SENSE HEALTH 
CARE REFORM AND AFFORDABILITY ACT. 
H.R. 4038, entitled the ‘‘Common Sense Health Care 
Reform and Affordability Act’’, as introduced in the 
House of Representatives on November 6, 2009, is en-
acted into law. 
Æ 
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