H.R. 4279 - To amend the Internal Revenue Code of 1986 to provide for the disposition of unused health benefits in cafeteria plans and flexible spending arrangements, and
H.R. 4280 - Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2004, and
H.R. 4281 - Small Business Health Fairness Act of 20041. Provides for consideration of H.R. 4279 under a modified closed rule.
2. Provides one hour of debate in the House on H.R. 4279 equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means.
3. Provides for consideration of the amendment in the nature of a substitute printed in part A of the Rules Committee report accompanying the resolution, if offered by Representative Rangel of New York or his designee, which shall be considered as read and shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent.
4. Waives all points of order against the amendment printed in part A of the report.
5. Provides one motion to recommit H.R. 4279 with or without instructions.
6. Section 2 of the resolution provides for consideration of H.R. 4280 under a closed rule.
7. Provides one hour of debate in the House on H.R. 4280 with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Commitee on Energy and Commerce.
8. Provides one motion to recommit H.R. 4280.
9. Section 3 of the resolution provides for consideration of H.R. 4281 under a modified closed rule.
10. Provides one hour of debate in the House on H.R. 4281 equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce.
11. Provides for consideration of the amendment in the nature of a substitute printed in part B of the Rules Committee report accompanying the resolution, if offered by Representative Kind of Wisconsin or his designee, which shall be considered as read and shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent.
12. Waives all points of order against the amendment printed in part B of the report.
13. Provides one motion to recommit H.R. 4281with or without instructions.
14. Section 4 of the resolution provides that in the engrossment of H.R. 4279 the clerk shall add the texts of H.R. 4280 and H.R. 4281 as passed by the House, as new matter at the end of H.R. 4279, and then lay H.R. 4280 and H.R. 4281 on the table.
15. Provides that if H.R. 4279 is disposed of without reaching the stage of engrossment, H.R. 4280 shall be treated in the manner specified for H.R. 4279 and only H.R. 4281 shall be laid on the table.
--------- RESOLUTION Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4279) to amend the Internal Revenue Code of 1986 to provide for the disposition of unused health benefits in cafeteria plans and flexible spending arrangements. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means; (2) the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, if offered by Representative Rangel of New York or his designee, which shall be in order without intervention of any point of order, shall be considered as read, and shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.
Sec. 2. Upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4280) to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) one hour of debate on the bill, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit.
Sec. 3. Upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4281) to amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce; (2) the amendment in the nature of a substitute printed in part B of the report of the Committee on Rules, if offered by Representative Kind of Wisconsin or his designee, which shall be in order without intervention of any point of order, shall be considered as read, and shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.
Sec. 4. (a) In the engrossment of H.R. 4279, the Clerk shall--
(1) await the disposition of H.R. 4280 and H.R. 4281;
(2) add the respective texts of H.R. 4280 and H.R. 4281, as passed by the House, as new matter at the end of H.R. 4279;
(3) conform the title of H.R. 4279 to reflect the addition of the text of H.R. 4280 or H.R. 4281 to the engrossment;
(4) assign appropriate designations to provisions within the engrossment; and
(5) conform provisions for short titles within the engrossment.
(b) Upon the addition of the text of H.R. 4280 or H.R. 4281 to the engrossment of H.R. 4279, H.R. 4280 or H.R. 4281 (as the case may be) shall be laid on the table.
(c) If H.R. 4279 is disposed of without reaching the stage of engrossment as contemplated in subsection (a), H.R. 4280 shall be treated in the manner specified for H.R. 4279 in subsections (a) and (b), and only H.R. 4281 shall be laid on the table.
PART-A
SUMMARY OF AMENDMENT MADE IN ORDER
(summaries derived from information provided by sponsors)Rangel #1
Amendment in the Nature of a Substitute. Allows participants in an FSA to roll over up to $500 in unused benefits from one year to the next. Would not allow participants to transfer up to $500 in unused benefits from an FSA to a Health Savings Account (HSA). Offset by including tax provisions designed to eliminate abusive transactions engaged in by Enron as recommended by the Joint Committee on Taxation and to prevent the avoidance of corporate tax by American corporations reincorporating overseas.
PART-B
SUMMARY OF AMENDMENT MADE IN ORDER
(summaries derived from information provided by sponsors)Kind/Andrews #2
Amendment in the Nature of a Substitute. Requires the Department of Labor to establish a Small Employer Health Benefits Plan (SEHB) similar to the Federal Employees Health Benefits Plan (FEHB). Requires the Secretary to widely disseminate information about SEHB through the media, internet, public service announcements and other employer and employee directed communications. All employers with fewer than 100 employees during the previous calendar year shall be eligible to apply for coverage under SEHB. Requires employers to offer coverage to all employees who have completed three months of service. Employees working fewer than thirty hours a week are eligible for prorate coverage. Requires the Secretary to establish an initial open enrollment period and thereafter an annual enrollment period. Requires the Department to annually contract with state licensed health insurers to offer health insurance coverage in a state. Participating insurers shall remain subject to state laws applicable to the states in which they cover residents. All participating insurers must offer benefits equivalent to or greater than the options offered to federal employees. Employers joining SEHB must contribute at least 50% of premium costs. Employers with fewer than 25 employees shall be eligible for a coverage incentive discount of 5% to employers joining SEHB. In addition, small employers with fewer than 50 employees shall be eligible for a sliding scale premium subsidy for employees earning less than 200% of the poverty level (50% for firms under 10 employees, 35% for firms under 25 and 25% for firms under 50). Employee premiums for employees earning under 200% of poverty, adjusted for family size, shall be eligible for 100% subsidies for premium contribution over 5% of salary if not covered by another federal or state health insurance program. Up to $50 billion is authorized for appropriation to the Department to provide small employer health coverage subsidies in fiscal years 2004-2014 (in accordance with the FY2004 Budget Resolution).
TEXT OF THE AMENDMENT(.pdf)
PART A
PART B
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