The Health Care Bill You Will NEVER Hear About, H.R. 3438

For all of those out there that are screaming that we need a government run health care plan or a single payer public option, here is the bill you will never hear about because it is VERY SIMPLE; our non-reps. would be able to read it without even requiring a lawyer or a bathroom break, and holy bejesus Batman, it makes complete sense.  If you are not covered by Social Security, you would be able to enroll in the federal employees’ health care program and your premiums would be deductible on your taxes.  Unfortunately for us, it was written and co-sponsored by republicans, so it does not have a snowball’s chance in hell of getting out of committee.  I must admit that California Representative Darrell Issa is starting to grow on me after his committee’s report about Acorn and this bill.  You may want to tell your family and friends that there is a great bill out there!  (Once again, bold emphasis is mine.)

From Govtrack:

H.R. 3438: Access to Insurance for all Americans Act

HR 3438 IH

111th CONGRESS

1st Session

H. R. 3438

To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 31, 2009

Mr. ISSA introduced the following bill; which was referred to the Committee on Oversight and Government Reform, 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 amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Access to Insurance for all Americans Act’.

SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE.

(a) In General- Subpart G of part III of title 5, United States Code, is amended–

(1) by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; and

(2) by inserting after chapter 89 the following:

‘CHAPTER 89A–HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES

‘SEC. 8921. DEFINITIONS.

‘In this chapter–

‘(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and

‘(2) the term ‘Office’ means the Office of Personnel Management.

‘SEC. 8922. HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES.

‘(a) The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter.

‘(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter.

‘SEC. 8923. CONTRACT REQUIREMENT.

‘(a) For each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter.

‘(b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902.

‘SEC. 8924. ELIGIBILITY OF NON-FEDERAL EMPLOYEES.

‘(a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section.

‘(b) An individual may not enroll in a health benefits plan under this chapter if the individual–

‘(1) is enrolled or eligible to enroll for coverage under a public health insurance program, including–

‘(A) title XVIII of the Social Security Act;

‘(B) a State plan under title XIX of the Social Security Act;

‘(C) a State plan under title XX of the Social Security Act; or

‘(D) any other program determined by the Office;

‘(2) is enrolled or eligible to enroll in a plan under chapter 89; or

‘(3) is a member of the uniformed services as defined under section 101(a)(5) of title 10.

‘SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS PLANS.

‘(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions.

‘(b) No Government contribution shall be made for any individual under this chapter.

‘(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.’.

(b) Technical and Conforming Amendments-

(1) CONTRACT REQUIREMENT UNDER CHAPTER 89- Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following:

‘(p) Any contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.’.

(2) TABLE OF CHAPTERS- The table of chapters for part III of title 5, United States Code, is amended–

(A) by redesignating the items relating to chapters 89A and 89B as chapters 89B and 89C, respectively; and

(B) by inserting after the item relating to chapter 89 the following:

8921’.

SEC. 3. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON-EMPLOYEE ENROLLEES.

(a) In General- Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:

‘SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE.

‘(a) In General- In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid as premiums during the taxable year for coverage for the taxpayer, his spouse, and dependents under health insurance provided pursuant to chapter 89A of title 5, United States Code.

‘(b) Special Rules-

‘(1) COORDINATION WITH MEDICAL DEDUCTION, ETC- Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section.

‘(2) DEDUCTION NOT ALLOWED FOR SELF-EMPLOYMENT TAX PURPOSES- The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.’.

(b) Deduction Allowed in Computing Adjusted Gross Income- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph:

‘(22) PREMIUMS PAID FOR FEHBP COVERAGE- The deduction allowed by section 224.’.

(c) Clerical Amendment- The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item:

‘Sec. 224. Premiums paid for FEHBP coverage.’.

(d) Effective Date- The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM.

Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that–

(1) provides for the orderly implementation of the amendments made by this Act; and

(2) includes a schedule of actions to be taken to provide for that implementation.

20 thoughts on “The Health Care Bill You Will NEVER Hear About, H.R. 3438”

  1. Patriot – I don’t like Newt either…he was talking crazy a few years back, and know he is just saying what he thinks we want to hear now, but the bill is what is the important piece. I just put Newt up because he explains the simplicity of that bill in about 2 seconds flat.

  2. This is really the reverse of the question: “Is Congress willing to be on the same plan they are proposing for us?”

    This is asking the question: “Why can’t everyone be on the same private plans that Fed employees are on (that we taxpayers pay for anyway, by the way)?”

    It just goes to show that this whole parade has absolutely nothing to do with health care… it’s all about consolidating power over people’s lives by depriving them of liberty, and in some cases, their very lives.

    • I have asked the same question of several politicians and gotten the same lie everytime, “We are working on it everyday”.
      All they have to do is make a bill that covers every American just like it does the Senators and Representatives in congress (even after they retire). If they can pay for theirs and fight two wars at the same time, all they have to do is end one of the wars and we can ‘ALL’ have good healthcare.
      (I love that phrase, “All we have to do is”… Yes, sometimes things are just ‘that’ simple)

  3. Sorry to say this will not stand a chance. There are not enough pages for them to hide all kinds of nasties they don’t want us to know about till it’s too late. Worse yet, it is READABLE and there is no excuse for not reading it.

    Sorry to say, but DC is broken, and the only reason the Repubs even present this is to give us the impression that THEY are the ones to be trusted, to wrest power from the Dems in 2010 so THEY will be able to have the power to steer things to THEIR friends. We are NEVER part of the equation.

  4. PM,

    I’m going to repeat a comment I just made at Insight Analytical because it answers your comment as well:

    “WE need to break the cycle (as KenoshaMarge calls us the “Hell No” party). We’re the only ones that can, and the only ones that will.

    It’s time to boot both the Left Wing and Right Wing terrorists out of the District of Corruption and take OUR Republic back from the Banksters!”

  5. GG – glad to see you again, and yes, we need to fire them all. I saw a sign in DC that said to the affect that “I am not member of the party of no, I am a member of the party of HELL NO!” Very appropriate. 700,000 pink slips to DC in 3 days according to WND. Unfortunately, they still are not getting the message. NOW – we need to talk to everybody who will listen in the individual states to vote these imbeciles out!

  6. The Practical Madman has a good point. How many of you besides me received your “survey”, the one touted as “registered” by the republican national committee? Stupid cheesy questions that led up to a donation form. I didn’t appreciate getting that in my mail box, and the point I make here is to say, Republican politicians, don’t act coy with us because we know damn well you are part of the problem in DC! We don’t need a healthcare proposal from you anymore than we need one from the Democrat socialist caucus- Fed government doesn’t have any business being involved in this in the first place (that means it’s unconstitutional).

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