Summary: H.R.3713 — 111th Congress (2009-2010)All Information (Except Text)

There is one summary for H.R.3713. Bill summaries are authored by CRS.

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Introduced in House (10/01/2009)

American Health Care Solutions Act of 2009 - Declares that nothing in this Act may be construed to authorize the federal government to ration health care for the American people.

Requires each state to mitigate the cost of high risk individuals in the state through: (1) a state reinsurance program; or (2) a state high risk pool.

Amends the Public Health Service Act to provide for the establishment and governance of individual membership associations (IMAs), which are organizations that offer health benefits coverage to members through health insurance issuer contracts.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations and which meet certain ERISA certification requirements.

Directs that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with conditions of this Act.

Amends the Internal Revenue Code to allow: (1) a small employer a health benefits plan implementation credit; (2) a tax deduction for long-term care insurance premiums; and (3) caregivers a tax credit for family members with long-term care needs.

Prohibits the Secretary of Health and Human Services (HHS) from using data from comparative effectiveness research to deny coverage of an item or service under a federal health care program.

Prohibits employers from being prevented from establishing premium discounts or rebates, or modifying copayments or deductibles, for employees who adhere to or participate in a health promotion or disease prevention (wellness) program that meets certain requirements.

Amends title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of the Social Security Act to require a CHIP plan to describe how it will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan. Requires alternative coverage options under CHIP. Applies such provisions to Medicaid. Requires verification of U.S. citizenship or nationality for Medicaid.

Revises provisions related to health savings accounts (HSAs), including to permit the use of HSAs to purchase health insurance.

Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Establishes a statute of limitations and limits noneconomic and punitive damages.

Sets forth provisions related to Medicare and Medicaid fraud and abuse.

Rescinds unobligated balances of certain discretionary appropriations made available under the American Recovery and Reinvestment Act of 2009. Repeals provisions of such Act providing fiscal assistance to states and setting limits on executive compensation.