During the White House Forum on Health Reform last week, President Obama expressed his desire for an overhaul of the nation’s health care system. But he would leave the details of this overhaul, however, up to the legislature. Therefore, it can be expected that a variety of health care reform bills will flood the docket in the coming months. While the majority of these bills will inevitably die in committee, aspects of these various proposals could be incorporated into a more comprehensive bill that would be expected to receive serious consideration. Democratic leaders have said that they hope to move comprehensive legislation to the House floor before the August recess.

Just last week, two health care-related bills were introduced. The Healthy Americans Act (H.R. 1321) bears resemblance to the Massachusetts mandatory health insurance program, by requiring all adult Americans to enroll themselves and their dependent children in a qualifying health insurance program, which could include an employer-sponsored plan, or could be a universally-available Healthy Americans Private Insurance Plan (HAPI plan).  Employers offering employer-sponsored health coverage plans would be required to ensure compliance with the statutory coverage requirements, and also would be required to distribute to employees standardized information on HAPI plans and supplemental health insurance options provided by the state Health Help Agency (HAA) provided for under the Act. Additionally, the legislation sets forth penalties for failure to enroll, establishes standardized coverage and state options for HAPI plans, ensures portability, and requires the Secretary of Health and Human Services to promulgate guidelines concerning the benefits, items and services to be covered.  Requirements for setting premiums are also outlined in the bill. If enacted, the provisions of the bill would take effect no later than 4 years after the date of enactment. This bill was referred to the House Committees on Energy and Commerce, Ways and Means, Education and Labor, and Oversight and Government Reform.

On the same day the Healthy Americans Act was presented, a bill to amend the Employee Retirement Income Security Act (ERISA) to provide emergency protection for retiree health benefits was introduced. The Emergency Retiree Health Benefits Protection Act of 2009 (H.R. 1322) would accomplish the following:

• Bar plan sponsors from canceling or reducing health benefits after the dates participants retire;
• Require sponsors of group health plans to restore health benefits previously taken away from retired participants of such plans to the extent such benefits were canceled or altered after the dates the participants retired, and the plan sponsor would not sustain substantial business hardship by restoring such benefits; and
• Establish an Emergency Retiree Health Loan Guarantee Program that would provide retiree health loan guarantees to plan sponsors of group health plans. The credit would be used by plan sponsors to help them discharge their obligations to restore health benefits to retirees under the Act.

Violations of this Act would be subject to a civil penalty of up to $1,000 per violation. The Act would take effect on the date of enactment. This bill was referred to the House Committee on Education and Labor.