Restoring Americans' Healthcare Freedom Reconciliation Act of 2015

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Budget reconciliation is a legislative process used to expedite consideration of spending, tax, and debt limit bills. In the U.S. Senate, reconciliation bills are not subject to filibuster, and the scope of amendments and length of time for floor debate is limited. Reconciliation bills also require a simple majority to pass, as opposed to the three-fifths majority commonly needed. Click here to learn more about budget reconciliation in Congress.


The Restoring Americans' Healthcare Freedom Reconciliation Act of 2015 was a budget reconciliation bill that would have repealed several parts of the Affordable Care Act, commonly known as Obamacare, that impacted the federal budget, such as the advanced premium tax credits and the Medicaid expansion. It also would have suspended federal funding for Planned Parenthood for one year.

The bill was passed by Congress on January 6, 2016, but was vetoed by President Barack Obama (D) on January 8, 2016. If the measure had been enacted, many of the changes would have gone into effect in 2018, and Republicans said they would have used the two years in between to implement a replacement of the law.[1]

Background

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See also: Budget reconciliation in U.S. Congress

The Restoring Americans' Healthcare Freedom Reconciliation Act, or HR 3762, was introduced by Rep. Tom Price (R) on October 16, 2015, to repeal parts of the Affordable Care Act and to end federal funding for Planned Parenthood over the following year.

The bill passed the U.S. Senate on December 3, 2015, by a vote of 52-47. The measure passed as a reconciliation bill, which bypasses filibuster attempts and needs only 51 votes to pass, rather than the standard 60 votes.[1]

The bill passed the U.S. House of Representatives on January 6, 2016, by a vote of 240-181. President Barack Obama vetoed the measure on January 8, stating that the legislation would have caused harm "to the health and financial security of millions of Americans." He also said, "This legislation would cost millions of hard-working middle-class families the security of affordable health coverage they deserve. Reliable health care coverage would no longer be a right for everyone: it would return to being a privilege for a few."[2][3]

The bill was expected to be vetoed by the president and was viewed as more of a symbolic move for the Republican Party to show voters "how they would govern if they win back the White House in November [2016]." Many of the changes in the bill would have taken place in 2018, and Republicans say they would have used the two years in between to implement a replacement of the law.[1]

Budget reconciliation process

Budget reconciliation is a legislative process created by the Congressional Budget and Impoundment Control Act of 1974. Under the act, reconciliation can be used on legislation that changes the federal debt limit, revenue, or spending. As it relates to spending, reconciliation can be used to consider changes in spending on entitlement programs with the exception of Social Security. Because appropriations under mandatory spending are typically codified, amendments to those laws are often required.

In the Senate, according to the Center on Budget and Policy Priorities (CBPP), "reconciliation bills aren’t subject to filibuster and the scope of amendments is limited."[4]

For reconciliation measures to be considered by Congress, both chambers must agree on a budget resolution. This resolution must include resolution instructions, which contain four elements:

  • the relevant committee(s) to which the instruction is directed,
  • the deadline by which committee compliance must be achieved,
  • the specific change to either revenues, spending, or the debt (in dollars), and
  • the time period over which those budgetary changes must be achieved.

Once both chambers agree on a budget resolution, committees have until their specified deadlines in the resolution guidelines to produce reconciliation measures. Once a committee develops reconciliation measures, the committee then votes on whether to report the resolution. Once a measure is reported to the chamber, and the measure passes, resolution of differences between the chambers is typically addressed in conference. The Senate, however, limits debate time on a conference budget resolution.[5][6]

Congress is limited to using reconciliation for only one bill for each of the fiscal changes provided for in the reconciliation instructions, that is, changes to revenues, spending, and the debt limit. A single bill may make changes to all three, or two of three, but Congress cannot consider multiple bills satisfying the same instruction in a budget resolution. Thus, "Congress may not consider multiple tax bills under reconciliation procedures, or a bill that includes revenue and outlays and then another tax bill under the same budget resolution."[5]

Timeline

The following timeline includes key dates in the bill's history:

  • February 2, 2016: The House failed to override the president's veto, which would have required a two-thirds majority.[7]
  • January 8, 2016: President Barack Obama (D) vetoed H.R. 3762.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
  • January 6, 2016: The House agreed to the Senate amendment of H.R. 3762 with a vote of 240-181.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
  • December 3, 2015: H.R. 3762 passed the Senate with an amendment by a vote of 52-47. The bill passed with a simple majority vote by using a process known as reconciliation.[7]
  • October 23, 2015: H.R. 3762 passed the House with a vote of 240-189.[7]
  • October 16, 2015: Rep. Tom Price (R) introduced H.R. 3762 in the U.S. House of Representatives.[7]

Major provisions

Partial Obamacare repeal

The Restoring Americans' Healthcare Freedom Reconciliation Act would have repealed parts of the Affordable Care Act (ACA) affecting the federal budget. This included funding for certain provisions as well as the federal government's ability to collect some revenues under the law.[7]

The bill would have eliminated the ACA's penalty for individuals who do not purchase health insurance, known as the individual mandate. The advanced premium tax credits and reduced cost sharing, which provided financial assistance to individuals purchasing insurance on the health insurance exchanges, would have ended after December 31, 2017. Individuals receiving advanced tax credits in excess of the amount they were eligible for would also have been required to pay back the full amount to the federal government; the ACA only required a partial amount be paid back.[7]

Under the act, the Medicaid expansion would have been rolled back on January 1, 2018. State Medicaid programs also would no longer have been required to provide the 10 essential health benefits established under the ACA. Medicaid payments to disproportionate share hospitals, which serve greater proportions of low-income patients, would have been increased; under the ACA, these payments were reduced in anticipation of an increase in individuals covered by health insurance.[7]

The bill would also have eliminated many of the ACA's taxes and fees:[7]

  • Excise tax on high-cost health plans
  • Brand-name prescription drug fee
  • Excise tax on medical devices
  • Annual health insurer fee
  • Indoor tanning services tax

Planned Parenthood funding

One section of the Restoring Americans' Healthcare Freedom Reconciliation Act would have also suspended for one year federal funding for Planned Parenthood, a 501(c)(3) nonprofit organization that offers "reproductive health care, sex education, and information to millions of women, men, and young people worldwide." The act would have accomplished this by restricting funding for any organization that met the following requirements:[8]

“
  • is a 501(c)(3) tax-exempt organization;
  • is an essential community provider primarily engaged in family planning services and reproductive health;
  • provides for abortions other than abortions in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed; and
  • received a total of more than $350 million under Medicaid in FY2014, including payments to affiliates, subsidiaries, successors, or clinics.[9]
 ”
—Restoring Americans' Healthcare Freedom Reconciliation Act of 2015[7]

In place of funding for Planned Parenthood, the bill would have increased annual funding to other community health centers by $235 million in 2016 and 2017.[7]

Recent news

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Restoring Americans' Healthcare Freedom Reconciliation Act of 2015 - Google News

See also


Reconciliation process and details:

Reconciliation origin, historical use, and analysis:


External links


Footnotes

  1. ↑ 1.0 1.1 1.2 The Hill, "House passes ObamaCare repeal, sending measure to president," January 6, 2016
  2. ↑ WhiteHouse.gov, "Veto Message from the President -- H.R. 3762," accessed January 8, 2016
  3. ↑ CNN, "Obama vetoes Obamacare repeal bill," January 8, 2016
  4. ↑ Center on Budget and Policy Priorities, "Introduction to budget 'reconciliation'," November 9, 2016
  5. ↑ 5.0 5.1 American Action Forum, "Budget reconciliation: a primer," January 24, 2017
  6. ↑ Congressional Research Service, "The Budget Reconciliation Process: Timing of Legislative Action," February 23, 2016
  7. ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 Congress.gov, "H.R. 3762 - To provide for reconciliation pursuant to section 2002 of the concurrent resolution on the budget for fiscal year 2016." accessed December 5, 2024 Cite error: Invalid <ref> tag; name "hr3762" defined multiple times with different content
  8. ↑ Planned Parenthood, "Who we are," accessed July 28, 2016
  9. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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