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Bill116th CongressFiled Feb 6, 2019Health
H.R. 986

Protecting Americans with Preexisting Conditions Act of 2019

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house (May 9, 2019)

Protecting Americans with Preexisting Conditions Act of 2019

(Sec. 3) This bill nullifies guidance from the Department of the Treasury and the Department of Health and Human Services titled State Relief and Empowerment Waivers, published on October 24, 2018. The guidance pertains to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers), which allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria.

The guidance, which supersedes earlier guidance from 2015, alters agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the guidance (1) redefines acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allows the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allows the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.

(Sec. 4) The Government Accountability Office must report on the number of individuals that would have been expected to lose access to health insurance coverage, as well as the expected effect on mental health care treatment, in the absence of this bill.

What just happenedMay 15, 2019

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 90.

Who’s behind it

Rep. Kuster, Ann M. [D-NH-2](D-NH)Sponsor
19 cosponsors19 D
Read on Congress.gov
19cosponsors2committees47actions11amendments4related bills6subjects
  1. May 15, 2019Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 90.

  2. May 14, 2019Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  3. May 9, 2019FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. May 9, 2019FloorH37100

    On passage Passed by recorded vote: 230 - 183, 1 Present (Roll no. 196).

  5. May 9, 2019Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 230 - 183, 1 Present (Roll no. 196).

  6. May 9, 2019FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 182 - 231 (Roll no. 195).

    Energy and Commerce Committee
  7. May 9, 2019FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection.

  8. May 9, 2019FloorH8D000

    DEBATE - The House proceeded with 10 minutes of debate on the Walden motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit the Secretary of HHS to waive protections for individuals with preexisting conditions, including guaranteed availablity and renewability of health insurance, the prohibition on using health status to vary premiums, and the prohibition on preexisting conditions exclusions.

  9. May 9, 2019FloorH36100

    Mr. Walden moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H3548)

    Energy and Commerce Committee
  10. May 9, 2019FloorH35000

    The previous question was ordered pursuant to the rule.

  11. May 9, 2019FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 986.

  12. May 9, 2019FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Wild amendment, the Chair put the question on the amendment and by voice vote, announced that the ayes had prevailed. Ms. Wild demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.

  13. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Wild amendment No. 12.

  14. May 9, 2019FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Malinowski amendment, the Chair put the question on the amendment and by voice vote, announced that the ayes had prevailed. Mr. Malinowski demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.

  15. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Malinowski amendment No. 11.

  16. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Rouda amendment No. 10.

  17. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Pappas amendment No. 9.

  18. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Porter amendment No. 8.

  19. May 9, 2019FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Holding amendment No. 7, the Chair put the question on the amendment and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.

  20. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Holding amendment No. 7.

  21. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Walden amendment No. 5.

  22. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Harder amendment No. 4.

  23. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Pressley amendment No. 3.

  24. May 9, 2019FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Brown (MD) amendment, the Chair put the question on the amendment and by voice vote, announced that the ayes had prevailed. Mr. Brown (MD) demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.

  25. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Brown (MD) amendment No. 2.

  26. May 9, 2019FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 357, the Committee of the Whole proceeded with 10 minutes of debate on the Langevin amendment No. 1.

  27. May 9, 2019FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 986.

  28. May 9, 2019FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 357 and Rule XVIII.

  29. May 9, 2019FloorH32400

    The Speaker designated the Honorable Jesus G. "Chuy" Garcia to act as Chairman of the Committee.

  30. May 9, 2019FloorH8D000

    Rule provides for consideration of H.R. 986 and H.R. 2157. Specified amendments are in order. Provides for consideration of H.R. 986 and H.R. 2157 both under structured rules. One hour of general debate provided for each measure.

  31. May 9, 2019FloorH30000

    Considered under the provisions of rule H. Res. 357. (consideration: CR H3519-3550)

  32. May 7, 2019FloorH1L210

    Rules Committee Resolution H. Res. 357 Reported to House. Rule provides for consideration of H.R. 986 and H.R. 2157. Specified amendments are in order. Provides for consideration of H.R. 986 and H.R. 2157 both under structured rules. One hour of general debate provided for each measure.

  33. Apr 30, 2019CalendarsH12410

    Placed on the Union Calendar, Calendar No. 22.

  34. Apr 30, 2019DischargeH12300

    Committee on Ways and Means discharged.

    Ways and Means Committee
  35. Apr 30, 2019Committee5500

    Committee on Ways and Means discharged.

    Ways and Means Committee
  36. Apr 30, 2019CommitteeH12200

    Reported by the Committee on Energy and Commerce. H. Rept. 116-44, Part I.

    Energy and Commerce Committee
  37. Apr 30, 2019Committee5000

    Reported by the Committee on Energy and Commerce. H. Rept. 116-44, Part I.

    Energy and Commerce Committee
  38. Apr 3, 2019Committee

    Ordered to be Reported by Voice Vote.

    Energy and Commerce Committee
  39. Apr 3, 2019Committee

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  40. Mar 27, 2019Committee

    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 19 - 13 .

    Health Subcommittee
  41. Mar 27, 2019Committee

    Subcommittee Consideration and Mark-up Session Held.

    Health Subcommittee
  42. Feb 7, 2019Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  43. Feb 6, 2019Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  44. Feb 6, 2019IntroReferralH11100

    Referred to the Committee on Energy and Commerce, 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.

    Ways and Means Committee
  45. Feb 6, 2019IntroReferralH11100

    Referred to the Committee on Energy and Commerce, 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.

    Energy and Commerce Committee
  46. Feb 6, 2019IntroReferralIntro-H

    Introduced in House

  47. Feb 6, 2019IntroReferral1000

    Introduced in House

Passed HouseMay 9, 201953

Protecting Americans with Preexisting Conditions Act of 2019

(Sec. 3) This bill nullifies guidance from the Department of the Treasury and the Department of Health and Human Services titled State Relief and Empowerment Waivers, published on October 24, 2018. The guidance pertains to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers), which allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria.

The guidance, which supersedes earlier guidance from 2015, alters agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the guidance (1) redefines acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allows the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allows the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.

(Sec. 4) The Government Accountability Office must report on the number of individuals that would have been expected to lose access to health insurance coverage, as well as the expected effect on mental health care treatment, in the absence of this bill.

Reported to House, Part IApr 30, 20198

Protecting Americans with Preexisting Conditions Act of 2019

This bill nullifies the Department of the Treasury and the Department of Health and Human Services guidance titled "State Relief and Empowerment Waivers," published on October 24, 2018. The guidance pertains to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers), which allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria.

The guidance, which supersedes earlier guidance from 2015, alters agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the guidance (1) redefines acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allows the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allows the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.

Introduced in HouseFeb 6, 2019

Protecting Americans with Preexisting Conditions Act of 2019

This bill nullifies the Department of the Treasury and the Department of Health and Human Services guidance titled "State Relief and Empowerment Waivers," published on October 24, 2018. The guidance pertains to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers), which allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria.

The guidance, which supersedes earlier guidance from 2015, alters agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the guidance (1) redefines acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allows the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allows the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.

Protecting Americans with Preexisting Conditions Act of 2019 — Informed