Hearing Information
Amendment Deadline
Monday, May 6, 2019 - 10:00am H-312, the Capitol View Announcement »
Meeting Information
Tuesday, May 7, 2019 - 5:00pm H-313, the Capitol View Announcement »
H.R. 986 - Protecting Americans with Preexisting Conditions Act of 2019
Bill Text
Hearing Documents
Rule Information
COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 9-4 on Tuesday, May 7, 2019.
FLOOR ACTION ON H. RES. 357:
Agreed to by record vote of 227-191, after agreeing to the previous question by record vote of 227-190, on Thursday, May 9, 2019.
MANAGERS: Shalala/Burgess
1. Structured rule for H.R. 986.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
3. Waives all points of order against consideration of the bill.
4. Provides that the bill shall be considered as read.
5. Waives all points of order against provisions in the bill.
6. Makes in order only those amendments printed in part A of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in Part A of the report.
8. Provides one motion to recommit with or without instructions.
9. Structured rule for H.R. 2157.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.
11. Waives all points of order against consideration of the bill.
12. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-12, modified by the amendment printed in part B of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
13. Waives all points of order against provisions in the bill, as amended.
14. Provides that clause 2(e) of Rule XXI shall not apply during consideration of the bill.
15. Makes in order only those further amendments to H.R. 2157 printed in part C of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
16. Waives all points of order against the amendments printed in part C of the report.
17. Provides one motion to recommit with or without instructions.
Amendments (click headers to sort)
| # | Version # | Sponsor(s) | Party | Summary | Status |
|---|---|---|---|---|---|
| 1 | Version 2 | Porter (CA), Underwood (IL), Finkenauer (IA), Allred (TX) | Democrat | Revised Prohibits the Secretaries from taking any such action that would reduce the number of individuals enrolled in coverage that is at least as comprehensive as the coverage defined in section 1302 of the Patient Protection and Affordable Care Act. | Made in Order |
| 2 | Version 1 | Harder (CA) | Democrat | Requests a GAO report on the number of women and girls expected to lose access to health care if the waivers for State innovation are awarded. This includes the number of women who are 18 or older, who are under the age of 18, who reside in rural areas, and by ethnicity. | Submitted |
| 3 | Version 1 | Harder (CA) | Democrat | Requests a GAO report on the number of rural women and girls expected to lose access to health care if the waivers for State innovation are awarded. | Submitted |
| 4 | Version 1 | Harder (CA) | Democrat | Requests a GAO report on types of pre-existing conditions that will not be denied access under Qualified Health Plans (QHPs) such as defined in the Affordable Care Act. This includes: women’s basic health care, asthma, cancer, diabetes, heart conditions, mental health. | Submitted |
| 5 | Version 1 | Harder (CA) | Democrat | Requests a GAO report on the impacts to mental health care and treatment, and how many individuals would lose care, if the waivers for State innovation are awarded. | Made in Order |
| 6 | Version 1 | Pappas (NH) | Democrat | Prohibits the Secretary of Health and Human Services and the Secretary of the Treasury from taking any action to implement similar guidance or rule that would reduce the availability or affordability of coverage for substance use disorders, including opioid use disorders. | Made in Order |
| 7 | Version 2 | Scalise (LA) | Republican | Revised Disqualifies states that do not have born alive protections from receiving 1332 Waivers for State Innovation. | Revised |
| 8 | Version 1 | Langevin (RI) | Democrat | Includes findings that the new guidance entitled "State Relief and Empowerment Waivers" weakens protections for the millions of Americans living with a preexisting health condition, including the one in four Americans living with a disability. | Made in Order |
| 9 | Version 1 | Walden (OR), Tipton (CO) | Republican | SUBSTITUTE Strikes all that follows the Short Title and replaces the language with H.R. 692, the Pre-existing Conditions Protection Act of 2019. | Submitted |
| 10 | Version 1 | Wild (PA) | Democrat | Prohibits any action that would raise health insurance premiums. | Made in Order |
| 11 | Version 1 | Johnson, Eddie Bernice (TX) | Democrat | Expresses the Sense of Congress that any guidance or rule with respect to 1332 (issued after April 1, 2019) should not cause a decrease in the number of individuals with comprehensive coverage. | Submitted |
| 12 | Version 2 | Rouda (CA) | Democrat | Revised Prohibits future administrative actions that would result in a reduction in the availability, affordability, and comprehensiveness of health insurance coverage for vulnerable populations. | Made in Order |
| 13 | Version 1 | Malinowski (NJ) | Democrat | Prohibits the Secretaries from taking any action that would reduce the affordability of comprehensive coverage for individuals with pre-existing conditions. | Made in Order |
| 14 | Version 1 | Escobar (TX) | Democrat | Expresses the sense of Congress that any guidance or rule with respect to 1332 should provide affordable, comprehensive coverage to individuals with pre-existing conditions as under the Affordable Care Act. | Submitted |
| 15 | Version 1 | Pressley (MA), Harder (CA) | Democrat | Specifies that this restriction includes such actions that result in fewer people with coverage of Essential Health Benefits (as defined in Section 1302 of the Affordable Care Act), including maternity and newborn care. | Made in Order |
| 16 | Version 1 | Holding (NC) | Republican | Changes the title of H.R. 986 to "Insert Politically Punchy Title That Doesn't Reflect the Bill Substance Act." | Made in Order |
| 17 | Version 2 | Holding (NC) | Republican | Revised Changes the title of the bill to "Nothing in This Bill Would Protect Individuals With Pre-Existing Conditions Act" | Made in Order |
| 18 | Version 2 | Walden (OR) | Republican | Revised Renames the bill, “Don’t Let States Innovate Act." | Revised |
| 19 | Version 2 | Walden (OR) | Republican | Revised Renames the bill, “This Bill Actually Has Nothing to do with Protecting Americans with Preexisting Conditions Act.” | Made in Order |
| 20 | Version 2 | Walden (OR) | Republican | Revised Renames the bill, “This Bill Limits Health Care Choices Act." | Revised |
| 21 | Version 2 | Walden (OR) | Republican | Revised Renames the bill, “Nothing in This Bill Would Eliminate Pre-Existing Conditions Protections Act." | Revised |
| 22 | Version 1 | Flores (TX) | Republican | Requires the Office of the Chief Actuary of the Centers for Medicare & Medicaid Services to certify that the bill will not increase premiums for qualified health plans offered through an American Health Benefit Exchange prior to the law taking effect. | Submitted |
| 23 | Version 1 | Arrington (TX) | Republican | Late Renames the bill "The Anti-State Innovation Act." | Submitted |
| 24 | Version 1 | Adams (NC) | Democrat | Late Requires GAO to produce a report within 1 year, reviewing the impacts and outcomes of the 1332 Waiver Program on the states currently participating in the program and what steps Congress and states can take to increase access to affordable, quality health insurance coverage to individuals, including the feasibility of a publicly-sponsored plan to the extent it’s estimated to generate savings for the Federal government as determined by the CMS actuary and meets all other statutory requirements of the 1332 Waiver Program. | Submitted |
| 25 | Version 1 | Brown (MD) | Democrat | Late Ensures that nothing in the bill will be construed to affect the approval of waivers under section 1332 of the ACA that establish reinsurance programs that lower health insurance premiums, and protect health insurance coverage for people with preexisting conditions. | Made in Order |
| 26 | Version 1 | King, Steve (IA) | Republican | Late Expresses the Sense of Congress that prior to the Patient Protection and Affordable Care Act the majority of U.S. States had some protections in place for those with pre-existing conditions. Furthermore, even if those protections were insufficient to ensure coverage for all Americans with preexisting conditions, the States are in a much better position than the Federal Government to determine how to effectively and adequately cover their respective populations varying in size and health profile. | Submitted |
| 27 | Version 1 | Joyce, David (OH), Gonzalez, Anthony (OH), Davis, Rodney (IL), Turner (OH), Newhouse (WA) | Republican | SUBSTITUTE Late Strikes all that follows the enacting clause and inserts the text of H.R. 383, the Continuing Coverage for Preexisting Conditions Act of 2019. | Submitted |
| 28 | Version 1 | Jackson Lee (TX) | Democrat | Late Prohibits the Secretaries from taking any action that would reduce the affordability of comprehensive coverage for children under 26 with pre-existing conditions who are covered under their parents’ policies. | Submitted |
| 29 | Version 1 | Jackson Lee (TX) | Democrat | Late Expresses the sense of Congress that any guidance or rule implemented pursuant to Section 1332 of the Patient Protection and Affordable Care Act should not permit or impose lifetime limits with respect to persons with preexisting conditions. | Submitted |
Committee Votes
Rules Committee Record Vote No. 68
Motion by Mr. Cole to report an open rule for H.R. 986 and H.R. 2157. Defeated: 4–9
Majority Member
Vote
Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea
Rules Committee Record Vote No. 69
Motion by Mr. Woodall to amend the rule to H.R. 986 to make in order and provide the appropriate waivers to amendment #22, offered by Rep. Flores (TX), which requires the Office of the Chief Actuary of the Centers for Medicare & Medicaid Services to certify that the bill will not increase premiums for qualified health plans offered through an American Health Benefit Exchange prior to the law taking effect; and to amend the rule to H.R. 2157 to make in order and provide the appropriate waivers to amendment # 6, offered by Rep. Austin Scott (GA), which allows the Secretary of the U.S. Department of Agriculture to utilize unused funds in the Wildfires and Hurricanes Indemnity Program (WHIP) for Hurricanes Florence and Michael, other hurricanes, typhoons, volcanic activity, or wildfires occurring in calendar year 2017, 2018, or 2019 under such terms and conditions as determined by the Secretary. Defeated: 4–9
Majority Member
Vote
Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea
Rules Committee Record Vote No. 70
Motion by Mrs. Lesko to amend the rule to H.R. 986 to make in order and provide the appropriate waivers to amendment #9, offered by Rep. Walden (OR), which strikes all that follows the Short Title and replaces the language with H.R. 692, the Pre-existing Conditions Protection Act of 2019; and to amend the rule to H.R. 2157 to make in order and provide the appropriate waivers to amendment #59, offered by Rep. Rogers (AL) which provides supplemental appropriations to address the humanitarian and national security crisis on the southern border. This amendment mirrors President Trump's request for additional resources transmitted to Congress on May 1, 2019. Defeated: 4–9
Majority Member
Vote
Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea
Rules Committee Record Vote No. 71
Motion by Ms. Shalala to report the rule. Adopted: 9-4
Majority Member
Vote
Mr. Hastings
Yea
Mrs. Torres
Yea
Mr. Perlmutter
Yea
Mr. Raskin
Yea
Ms. Scanlon
Yea
Mr. Morelle
Yea
Ms. Shalala
Yea
Mr. DeSaulnier
Yea
Mr. McGovern, Chairman
Yea
Minority Member
Vote
Mr. Cole
Nay
Mr. Woodall
Nay
Mr. Burgess
Nay
Mrs. Lesko
Nay