Sec. 1. Short title; table of contents
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/bill/116/hr/1332/ih/section-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This Act may be cited as the . Fair Care Act of 2019 The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Private-Sector Health Insurance Reforms Subtitle A—Commercial Health Insurance Provisions Sec. 101. Invisible high risk pool reinsurance program; tax on exchange plans. Sec. 102. Change in permissible age variation in health insurance premium rates. Sec. 103. Employer health insurance mandate repeal. Sec. 104. Employer benefits reports.
Sec. 105. Waivers for State innovation. Sec. 106. State-operated Exchanges flexibility for open enrollment periods. Sec. 107. Enrollment periods. Sec. 108. Short-term limited duration insurance. Sec. 109. Promoting health plans that cover individuals in more than one State. Sec. 110. Restoring the application of antitrust laws to the business of health insurance. Sec. 111. Health plans created under PPACA or offered through Exchanges to be only health plans Federal Government may make available to President, Vice President, Members of Congress, and Federal employees.
Sec. 112. Cost-sharing reductions. Sec. 113. Health savings accounts. Sec. 114. Adding copper plans to Exchanges. Sec. 115. Eliminating FEHBP eligibility for annuitants. Subtitle B—Association health plans Sec. 121. Rules governing association health plans. Sec. 122. Clarification of treatment of single employer arrangements. Sec. 123. Enforcement provisions relating to association health plans. Sec. 124. Cooperation between Federal and State authorities. Sec. 125. Effective date and transitional and other rules.
Subtitle C—Tax-Related Provisions Sec. 131. Premium assistance adjustment to reflect age. Sec. 132. Repeal of annual fee on health insurance providers. Sec. 133. Repeal of medical device excise tax. Sec. 134. Inclusion in income of certain costs of employer-provided coverage under health plans. Sec. 135. Inclusion of certain over-the-counter medical products as qualified medical expenses. Sec. 136. Repeal of limitation on health flexible spending arrangements. Sec. 137. Medicare part D tax deduction.
Sec. 138. Repeal of net investment income tax. Sec. 139. Basis for purposes of determining gain or loss. Sec. 140. Deduction for qualified charity care. Sec. 141. Limitation on liability for volunteer health care professionals. Title II—Medicare and Medicaid Reforms Subtitle A—Medicare and Medicaid Reforms Sec. 201. Flexible block grant option for States. Sec. 202. Medicaid eligibility determinations. Sec. 203. Lowering safe harbor threshold with respect to State taxes on health care providers.
Sec. 204. Income limitations for refundable credits for coverage under a qualified health plan. Subtitle B—Medicare Sec. 221. Off-campus provider-based department medicare site neutral payment. Sec. 222. Elimination of Medicare eligibility for certain individuals. Sec. 223. Medicare coverage of bad debt. Subtitle C—Medical Malpractice Reform Sec. 231. Encouraging speedy resolution of claims. Sec. 232. Compensating patient injury. Sec. 233. Maximizing patient recovery. Sec. 234.
Authorization of payment of future damages to claimants in health care lawsuits. Sec. 235. Product liability for health care providers. Sec. 236. Definitions. Sec. 237. Effect on other laws. Sec. 238. Rules of construction. Sec. 239. Effective date. Sec. 240. Limitation on expert witness testimony. Sec. 241. Communications following unanticipated outcome. Sec. 242. Expert witness qualifications. Sec. 243. Affidavit of merit. Sec. 244. Notice of intent to commence lawsuit. Title III—Prescription drug competition Subtitle A—Eliminating Delays of Generic Drugs and Biosimilar Products Sec. 301.
Actions for delays of generic drugs and biosimilar biological products. Sec. 302. REMS approval process for subsequent filers. Subtitle B—Increasing Access to Drugs and Biosimilar Products Sec. 311. Expedited development and priority review for generic complex drug products. Sec. 312. Increasing pharmaceutical options to treat an unmet medical need. Sec. 313. Preemption of State barriers to the substitution of biosimilar products. Subtitle C—Limiting Exclusivity Periods Delaying Competition Sec. 321.
Limiting exclusivity periods for drugs treating rare diseases and conditions. Sec. 322. Limiting exclusivity for biosimilar products. Subtitle D—Congressional Review of Agency Rulemaking Sec. 331. Congressional review of the Food and Drug Administration rulemaking. Sec. 332. Government Accountability Office study of rules. Subtitle E—Medicare Prescription Drug Competition Sec. 341. Medicare drug coverage. Sec. 342. PBM transparency and elimination of DIR fees. Sec. 343. Sunset of limit on maximum rebate amount for single source drugs and innovator multiple source drugs.
Sec. 344. Regulation of manufacturer-sponsored copay contributions. Sec. 345. Data reporting to improve the transparency regarding how 340 B hospital covered entities provide care for patients. Sec. 346. Requiring 340 B drug discount program reports by DSH hospital covered entities on low-income utilization rate of outpatient hospital services. Title IV—Provider Competition Sec. 401. Hospital consolidation. Sec. 402. Price transparency. Sec. 403. Repealing shared savings incentives from Medicare shared savings program.
Sec. 404. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals. Sec. 405. Advisory group on reducing burden of hospital administrative requirements. Sec. 406. Authority of Federal Trade Commission over certain tax-exempt organizations. Title V—Digital Health Care Sec. 501. Access of individuals to protected health information. Sec. 502. Expansion of coverage of telehealth services. Sec. 503. STARK and AKS exemptions.
Sec. 504. STARK technical penalty.