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The House Passes Legislation Aimed at Preserving the Affordable Care Act

Notable among the bills passed by the U.S. House of Representatives in recent months are two bills aimed at shoring up the Affordable Care Act (ACA). Below, we explore the content of both bills—though it is worth noting that neither bill has been, nor is expected to be, taken up by the Senate.

H.R. 987

Introduced by U.S. Representative Lisa Blunt Rochester (D-DE), H.R. 987, the Strengthening Health Care and Lowering Prescription Drug Costs Act has two primary aims: first, to reverse recent administrative actions that undermine the ACA (and health insurance Marketplaces in particular); and second, to lower, and increase transparency into, prescription drug costs.[1] Included among the bill’s provisions aimed at preserving the ACA and supporting health insurance Marketplaces are measures to:

H.R. 987 also includes provisions aimed at increasing transparency regarding federal activities relative to Marketplaces, including required reporting on:

Finally, the Government Accountability Office (GAO) would be required to release a series of reports on:

H.R. 986

Around the same time as H.R. 987 passed the House, the chamber also passed H.R. 986, the Protecting Americans with Preexisting Conditions Act of 2019. This bill, introduced by U.S. Representative Ann Kuster (D-NH), would prevent federal officials from implementing the recent guidance on Section 1332 Waivers that makes easier for states to receive waivers of certain provisions of the ACA. Under the bill, HHS would also be prohibited from adopting substantially similar guidance or rules going forward.

Earlier this month, HHS released resources designed to help states pursue Section 1332 Waivers under the new guidance, including an application checklist,  and model concepts and accompanying templates. The legislation expressly does not impact the ability for states to be granted waivers to support reinsurance programs, which is the subject of the majority of Section 1332 Waivers that have been sought and granted to date. It would also not prevent the approval of waivers that meet the requirements of prior guidance. Under H.R. 986, the GAO would also be required to report on the number of individuals expected to lose coverage under the new guidance.

H.R. 1884

H.R. 986 and H.R. 987 together comprise most of the content that was also included in H.R. 1884, the Protecting Pre-Existing Conditions and Making Health Care More Affordable Act of 2019, filed by U.S. Representative Frank Pallone, Jr. in March. In addition to many of the provisions included in the other two bills, H.R. 1884 would also:

With most of the provisions of H.R. 1884 moving forward via other vehicles, this bill has not yet moved forward in the House.


[1] The prescription drug provisions in the bill are outlined in our article on pending cost control legislation.

[2] This provision is also included in H.R. 1010, which is pending in the House.

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