House Report 113-46 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1549) TO AMEND PUBLIC LAW 111-148 TO TRANSFER FISCAL YEAR 2013 THROUGH FISCAL YEAR 2016 FUNDS FROM THE PREVENTION AND PUBLIC HEALTH FUND TO CARRY OUT THE TEMPORARY HIGH RISK HEALTH INSURANCE POOL PROGRAM FOR INDIVIDUALS WITH PREEXISTING CONDITIONS, AND TO EXTEND ACCESS TO SUCH PROGRAM TO SUCH INDIVIDUALS WHO HAVE HAD CREDITABLE COVERAGE DURING THE 6 MONTHS PRIOR TO APPLICATION FOR COVERAGE THROUGH SUCH PROGRAM

[House Report 113-46]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-46

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1549) TO AMEND PUBLIC LAW
111-148 TO TRANSFER FISCAL YEAR 2013 THROUGH FISCAL YEAR 2016 FUNDS
FROM THE PREVENTION AND PUBLIC HEALTH FUND TO CARRY OUT THE TEMPORARY
HIGH RISK HEALTH INSURANCE POOL PROGRAM FOR INDIVIDUALS WITH
PREEXISTING CONDITIONS, AND TO EXTEND ACCESS TO SUCH PROGRAM TO SUCH
INDIVIDUALS WHO HAVE HAD CREDITABLE COVERAGE DURING THE 6 MONTHS PRIOR
TO APPLICATION FOR COVERAGE THROUGH SUCH PROGRAM

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April 23, 2013.--Referred to the House Calendar and ordered to be
printed

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Mr. Burgess, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 175]

The Committee on Rules, having had under consideration
House Resolution 175, by a record vote of 9 to 2, report the
same to the House with the recommendation that the resolution
be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1549, the
Helping Sick Americans Now Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Energy and Commerce. The resolution waives all
points of order against consideration of the bill. The
resolution makes in order as original text for the purpose of
amendment an amendment in the nature of a substitute consisting
of the text of Rules Committee Print 113-8 and provides that it
shall be considered as read. The resolution waives all points
of order against the amendment in the nature of a substitute.
The resolution makes in order only those further amendments
printed in this report. Each such amendment may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The resolution waives all
points of order against the amendments printed in this report.
The resolution provides one motion to recommit with or without
instructions.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
the bill includes a waiver of 302(f) of the Congressional
Budget Act, prohibiting consideration of legislation providing
new budget authority in excess of a committee's 302(a)
allocation of such authority and section 311(a) of the
Congressional Budget Act of 1974, prohibiting the consideration
of a measure which would cause the total level of new budget
authority or outlays in the most recent budget resolution to be
exceeded.
The waiver of all points of order against the amendment in
the nature of a substitute made in order as original text
includes a waiver of clause 4 of rule XXI, which prohibits
reporting a bill or joint resolution carrying an appropriation
from a committee not having jurisdiction to report an
appropriation.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.

COMMITTEE VOTES

The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:

Rules Committee record vote No. 23

Motion by Ms. Slaughter to report an open rule. Defeated:
2-9.

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida...........
Mr. Woodall..................................... Nay Mr. Polis.........................
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 24

Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #1 offered by Rep. Pallone
Jr. (NJ), which makes the same changes to the PCIP program that
the underlying bill does, but is paid for through a 4 cent per
pack increase in the tax on cigarettes; amendment #2 offered by
Rep. Pallone Jr. (NJ), which makes the same changes to the PCIP
program that the underlying bill does, but is paid for by
continuing the solvency of the Oil Spill Liability Trust Fund
by increasing the per-barrel amount that oil companies are
required to pay into the fund by four cents; amendment #3
offered by Rep. Schakowsky (IL), which extends funding for
reopening enrollment under the Preexisting Condition Insurance
Program (PCIP) through the modification of class life for
corporate jets; amendment #4 offered by Rep. Capps (CA), which
removes the public health and prevention trust fund as a pay-
for and instead pays for the bill by ending the section 199
domestic manufacturing deduction for oil and gas production;
amendment #5, offered Rep. Green (TX), which makes the same
changes to the PCIP program that the underlying bill does, but
is paid for by requiring a minimum term and a remainder
interest greater than zero for new Grantor Retained Annuity
Trusts (GRATs); and amendment #10 offered by Rep. Horsford
(NV), which seeks to protect funds in the Prevention and Public
Health Fund that are to be used for reducing health disparities
in minority populations. Defeated: 2-9.

Rules Committee record vote No. 25

Motion by Ms. Foxx to report the rule. Adopted: 9-2.

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida...........
Mr. Woodall..................................... Yea Mr. Polis.........................
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Pitts (PA), Upton (MI): Terminates the prevention fund
after FY 2016 and authorizes a state-based high-risk pool
program. (10 minutes)
2. Brownley, Julia (CA): Requires that within 90 days of
enactment of H.R. 1549, the Secretary of Health and Human
Services shall prepare a report to Congress detailing the exact
amount of money to be transferred out of the Prevention and
Public Health Fund, and how that transfer will impact the
access of uninsured and underinsured children, adolescents, and
adults to immunization programs, Alzheimer's disease education
and prevention programs, and the Baby Friendly Hospital
Initiative and maternal care programs. (10 minutes)

TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Pitts of Pennsylvania
or His Designee, Debatable for 10 Minutes

Page 3, after line 2, insert the following:

SEC. 5. TERMINATING FUNDING FOR PREVENTION AND PUBLIC HEALTH FUND AFTER
FISCAL YEAR 2016.

Section 4002(b) of Public Law 111-148 (42 U.S.C. 300u-11(b)),
as amended by section 3205 of the Middle Class Tax Relief and
Job Creation Act of 2012, is further amended--
(1) in paragraph (1), by inserting ``and'' after the
semicolon;
(2) in paragraph (2)--
(A) by striking ``2017'' and inserting
``2016''; and
(B) by striking the semicolon and inserting a
period; and
(3) by striking each of paragraphs (3) through (5).

SEC. 6. ESCAPE VALVE FROM THE TRAINWRECK.

(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall award
block grants to States to provide for the development of
innovative models that ensure affordable health insurance
coverage for Americans with pre-existing health conditions.
(b) Use of Funds.--A State shall use amounts received under a
grant under this section for innovative State high-risk pool
programs that meet the requirements of subsection (c) and that
ensure the provision of affordable health insurance coverage
for eligible individuals described in subsection (d) with pre-
existing health conditions. Such funds may be used for the
development, start-up, and funding of new State high-risk pools
satisfying such requirements and for the enhancement of funding
for existing State high-risk pools satisfying such
requirements.
(c) Requirements for High Risk Pool.--For purposes of this
section, the requirements described in this subsection, for a
State high-risk pool are each of the following requirements:
(1) The pool provides at least two health insurance
coverage options, one of which being a high deductible
health plan coupled with a health savings account.
(2) The pool is funded with a stable funding source.
(3) The pool does not have any waiting lists so that
all eligible individuals described in subsection (d)
who are seeking coverage through the pool are allowed
to receive coverage through the pool.
(4) The pool allows for coverage of individuals who,
but for the 24-month disability waiting period under
section 226(b) of the Social Security Act (42 U.S.C.
426(b)), would be eligible for Medicare under title
XVIII of such Act during such waiting period.
(5) The premium rate charged for health insurance
coverage offered to eligible individuals through the
pool does not exceed the rate that is 150 percent of
the average premium rate for applicable standard risk
populations in the State.
(d) Eligible Individuals.--For purposes of this section, an
eligible individual described in this subsection, with respect
to a State high risk pool funded by a grant under this section,
is an individual who--
(1) is a resident of such State; and
(2) complies with any other requirements established
by the State for participation in such pool.
(e) Amount of Grant.--The amount of a grant to a State under
this section shall be determined by the Secretary based on a
review of State applications and requests.
(f) Limitation on Abortion Funding.--No funds authorized by
this section may be used to pay for any abortion or to cover
any part of the costs of any health plans that includes
coverage of abortion, except--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a pregnant woman suffers from a
physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the
woman in danger of death unless an abortion is
performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself.
(g) Pre-existing Condition Defined.--For purposes of this
section, the term ``pre-existing condition'' means, with
respect to an individual, a medical or other condition of the
individual that exists prior to the date on which such
individual attempts to enroll in health insurance coverage,
whether or not any medical advice, diagnosis, care, or
treatment was recommended or received for such condition before
such date.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section for fiscal year 2014,
$5,000,000,000, to be made available to States for calendar
year 2014.
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2. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes

Page 3, after line 2, add the following:

SEC. 5. REPORT ON IMPACT OF TRANSFERRING FUNDS FROM PREVENTION AND
PUBLIC HEALTH FUND.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Health and Human Services shall
submit to Congress a report on--
(1) the total amount of funds that are transferred
from the Prevention and Public Health Fund under
section 4002(c) of Public Law 111-148 pursuant to the
amendment made by section 2 of this Act; and
(2) the impact such transfer would have on access
to--
(A) immunizations for uninsured and
underinsured children, adolescents, and adults;
(B) Alzheimer's disease education and
prevention programs; and
(C) the Baby Friendly Hospitals Initiative
and maternal care programs.