2021: Fitzpatrick Voted Against The American Rescue Plan Act Of 2021,
Which Granted Federal Subsidies Of Individual COBRA Premiums And
Directed Veteran Affairs To Waive Co-Pays For Health Treatments Through
September 2021. In March 2021, Fitzpatrick voted against concurring in
the Senate amendment to the American Rescue Plan Act of 2021 which
would, according to Congressional Quarterly, "provide for full federal
subsidies of individual COBRA premiums and require the VA to waive
health treatment copayments through September 2021." The vote was on
concurring in the Senate amendment to the bill. The House concurred with
the Senate by a vote of 220-211 and sent to the President and ultimately
the bill became law. [House Vote 72,
3/10/21; Congressional
Quarterly, 3/10/21;
Congressional Actions, H.R.
1319]
The American Rescue Plan Provided A Temporary Full Subsidy For
COBRA Premiums For Unemployment Individuals Who Wished To Keep Their
Employer Coverage. According to AP via CBS News, "Other people who
lose their jobs may want to keep their employer coverage. A federal
law known as COBRA allows that, but the employee has to pay the full
premium, often a prohibitive expense. The bill would provide a
temporary 100% subsidy." [AP via CBS News,
3/9/21]
The American Rescue Plan Fully Covered COBRA Premiums Through
September 30, 2021, And Individuals Who Found COBRA Too Costly
During Their Initial Eligibility Were Able To Enroll During A New 60
Day Window. According to Health Law, "ARP also pays for 100% of
COBRA premiums for individuals through September 30, 2021.
Individuals who found COBRA too expensive at the time of their
initial eligibility would have a new 60 day window to enroll after
being informed of the ARP COBRA provisions." [Health Law,
3/12/21]
2022: Fitzpatrick Voted To Require Health Insurances To Cover
Diagnoses And Treatment Services Related To Congenital Anomalies Or
Birth Defects, Including Dental Care. In April 2022, according to
Congressional Quarterly, Fitzpatrick voted for the Ensuring Lasting
Smiles Act, which would "require health insurers to provide coverage for
services related to the diagnosis and treatment of congenital anomalies
or birth defects, including dental or orthodontic care. It would specify
that coverage must include any medically necessary service that
functionally improves, repairs or restores normal bodily function or
appearance, and may not have coverage limits or cost-sharing
requirements more restrictive than the predominant requirements under
the plan. It would not require coverage of cosmetic surgery to improve
appearance or self-esteem." The vote was on passage. The House passed
the bill by a vote of 310-110, thus the bill was sent to the Senate.
[House Vote 109, 4/4/22;
Congressional Quarterly,
4/4/22; Congressional Actions,
H.R.
1916]
2023: Fitzpatrick Voted To Create Additional Flexibilities For
Employers Providing Health Insurance Benefits To Workers, Such As
Allowing Groups Of Employers And Self-Employed People To Establish Group
Health Plans, Allowing Employer-Sponsored Health Reimbursement
Arrangements (HRA), And Preempting States From Restricting Stop-Loss
Insurance. In June 2023, according to Congressional Quarterly,
Fitzpatrick voted for the Custom Health Option and Individual Care
Expense Arrangement (CHOICE) Act, which would "create additional
flexibilities for employers providing health insurance. The bill would
allow groups of employers to establish and maintain group health plans
for employees. It would require such groups to provide coverage to at
least 51 employees and to have been in existence for at least two years
prior to establishing the health plan. It would allow self-employed
individuals to establish a group for the purpose of maintaining a group
health plan. The bill would also allow employer-financed health
reimbursement arrangements (HRA) to be used by employees to purchase
insurance plans on state exchanges. It would also deem such HRAs
compliant with requirements under current law for employers to provide
health insurance coverage. To be eligible, it would require employers to
offer the same HRA plan to all employees of a certain class, as defined
by the bill, including full- and part-time employees, employees under
the same collective bargaining agreement, and non-resident alien
employees. It would also require employers to give eligible employees 90
days' written notice prior to the beginning of the plan year of their
rights and obligations. Among other provisions, the bill would rescind
$245 million in fiscal 2024 from the Health and Human Services
Department's Prevention and Public Health Fund, specify that stop-loss
policies obtained by a self-insured group health plan or plan sponsor do
not qualify as health insurance coverage under the Employee Retirement
Income Security Act, and require the Treasury Department, within one
year of enactment, to notify employers of the availability of
tax-advantaged flexible health insurance benefits, with an initial focus
on small businesses. HR 3799 also contains the text of the Small
Business Flexibility Act (HR 3798), the Association Health Plans Act (HR
2868) and the Self-Insurance Protection Act (HR 2813)." The vote was on
passage. The House passed the bill by a vote of 220 to 209, thus the
bill was sent to the Senate. [House Vote 282,
6/21/23; Congressional
Quarterly, 6/21/23;
Congressional Actions, H.R.
3799]
Republicans Claimed The Bill Would Expand Health Care Choices For
Workers, While Democrats Argued It Hindered The Affordable Care Act
And Would Lead To Decreased Comprehensive Coverage. According to
Congressional Quarterly, "The House passed a package of bills
Wednesday that Republicans contend would expand health care options
for workers, but Democrats argue it would undermine the 2010 health
care law and lead to less comprehensive coverage." [Congressional
Quarterly, 6/21/23]
The Bill Mainly Focused On GOP-Supported Health Care Policies,
Such As Association Health Plans And Health Reimbursement
Arrangements, Which The GOP Claimed Would Help Small Businesses
Provide Health Benefits To Workers. According to Congressional
Quarterly, "The package (HR 3799), which includes the texts of three
additional measures (HR 3798, HR 2868 and HR 2813), passed 220-209
on a party-line vote. It would mainly focus on health care policies
Republicans have touted for years, like association health plans and
health reimbursement arrangements, which they say would help small
businesses offer coverage to their workers." [Congressional
Quarterly, 6/21/23]
One Provision Would Codify A Trump-Era Regulation That Allowed
Employers To Provide Health Reimbursement Arrangements (HRA), Which
Provide Workers Employer-Funded Accounts To Buy Insurance On The
Individual Market Exchanges. According to Congressional Quarterly,
"One measure, sponsored by Rep. Kevin Hern, R-Okla., would codify a
Trump-era rule allowing employers to offer health reimbursement
arrangements, which provide employees employer-funded accounts to
purchase insurance on the individual market exchanges; Rep. Claudia
Tenney's bill would notify small employers about the HRAs and
available tax credits." [Congressional Quarterly,
6/21/23]
One Provision Would Permit Small Businesses And Self-Employed
Individuals To Collaborate To Purchase Health Insurance And Form
Association Health Plans. According to Congressional Quarterly,
"Another bill, sponsored by Rep. Tim Walberg, R-Mich., would allow
small businesses and self-employed people to band together to buy
health insurance and form association health plans." [Congressional
Quarterly, 6/21/23]
Republicans Claimed Associated Health Plans Would Provide Small
Business Workers A More Affordable Alternative And Claimed HRAs
Would Permit Employers To Offer Health Coverage To Workers Without
Managing Complex Health Plans. According to Congressional
Quarterly, "Republicans argue AHPs would give employees of small
businesses a more affordable alternative to plans sold on the
insurance exchanges, and HRAs would allow employers to provide
health care coverage to workers without needing to manage complex
health plans." [Congressional Quarterly,
6/21/23]
Democrats Argued That Association Health Plans Can Charge Higher
Premium Rates Based On Gender And Age, Claiming Businesses Could
Have Healthier Workers Create Association Health Plans Or Transfer
Their Sicker Workers Into HRAs. According to Congressional
Quarterly, "Democrats say association health plans are problematic
because they can charge higher premiums based on gender and age.
Both HSAs and HRAs could lead to higher premiums in the health
insurance markets because businesses with healthier workers would
leave to create association health plans or shift their sicker
workers into HRAs, Democrats argue." [Congressional Quarterly,
6/21/23]
A Provision Would Preempt State Laws That Restrict Employers That
Self-Fund Their Plans From Buying "Stop Loss" Insurance To Shield
Against Unexpected Claims Losses. According to Congressional
Quarterly, "A third measure included in the package, sponsored by
Rep. Bob Good, R-Va., would preempt state laws that prevent
employers that self-fund their plans from purchasing 'stop loss'
insurance to protect against unexpected claims losses."
[Congressional Quarterly,
6/21/23]
Republicans Argued "Stop-Loss" Insurance Was Crucial To The
Efficiency Of Self-Funded Plans And Guard Against Some Of The
Financial Risks Associated With Providing Health Care Coverage To
Workers. According to Congressional Quarterly, "Under a
self-funded plan, employers typically assume all of the financial
risk of providing health care coverage to its workers, but in some
states can also buy stop-loss to guard against some of that risk.
However, some states like New York have barred companies with less
than 50 employees from buying stop-loss insurance, which Republicans
say is crucial to making self-funded plans work." [Congressional
Quarterly, 6/21/23]
2023: Fitzpatrick Voted For An Amendment That Would Require The Labor
Department To Notify Small Business Employers In Rural Communities Of
The Availability Of Tax-Advantaged Health Insurance Benefits. In June
2023, according to Congressional Quarterly, Fitzpatrick voted for an
amendment to the Custom Health Option and Individual Care Expense
Arrangement (CHOICE) Act, which would "require the Labor Department to
focus on notifying small business employers in rural areas of the
availability of tax-advantaged flexible health insurance benefits." The
vote was on the adoption of an amendment. The House adopted the
amendment by a vote of 281 to 151. [House Vote 279,
6/21/23; Congressional
Quarterly, 6/21/23;
Congressional Actions, H.R.
3799;
Congressional Actions, H.Amdt.
208]
2023: Fitzpatrick Voted Against An Amendment That Would Have Delayed
Implementation Of The CHOICE Act Until The Labor Department Would Have
Certified That It Would Not Result In Higher Premium Rates For Senior
Workers. In June 2023, according to Congressional Quarterly,
Fitzpatrick voted against an amendment to the Custom Health Option and
Individual Care Expense Arrangement (CHOICE) Act, which would "delay the
effective date of the bill's provisions until the Labor Department
certifies that they would not result in higher premium rates for older
workers." The vote was on the adoption of an amendment. The House
rejected the amendment by a vote of 211 to 220. [House Vote 278,
6/21/23; Congressional
Quarterly, 6/21/23;
Congressional Actions, H.R.
3799;
Congressional Actions, H.Amdt.
207]
2023: Fitzpatrick Effectively Voted For The Custom Health Option And
Individual Care Expense (CHOICE) Arrangement Act, Which Would Provide
Flexibilities For Employer-Provided Health Care. In June 2023,
according to Congressional Quarterly, Fitzpatrick voted for the
"adoption of the rule (H Res 524) that would provide for floor
consideration of [...] the Custom Health Option and Individual Care
Expense (CHOICE) Arrangement Act (HR 3799) [...] The rule would
provide for up to 80 minutes of general debate on HR 3799 and one hour
of general debate on HR 3564 and H Res 461." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 215 to
211. [House Vote 275,
6/21/23; Congressional
Quarterly, 6/21/23;
Congressional Actions, H.Res.
524;
Congressional Actions, H.R.
3799]
2023: Fitzpatrick Effectively Voted For The Custom Health Option And
Individual Care Expense (CHOICE) Arrangement Act, Which Would Provide
Flexibilities For Employer-Provided Health Care. In June 2023,
according to Congressional Quarterly, Fitzpatrick voted for the "motion
to order the previous question (thus ending debate and possibility of
amendment) on the rule (H Res 524) that would provide for floor
consideration of [...] the Custom Health Option and Individual Care
Expense (CHOICE) Arrangement Act (HR 3799) [...] The rule would
provide for up to 80 minutes of general debate on HR 3799 and one hour
of general debate on HR 3564 and H Res 461." The vote was on a motion to
order the previous question. The House agreed to the motion by a vote of
215 to 207. [House Vote 274,
6/21/23; Congressional
Quarterly, 6/21/23;
Congressional Actions, H.Res.
524;
Congressional Actions, H.R.
3799]
2023: Fitzpatrick Voted To Claim That The Future Of Health Care
Depends On Healthcare Freedom, Not Socialized Medicine, And That
Expansion Of Direct Health Care Access Should Be Prioritized Instead Of
Coverage Expansion. In June 2023, according to Congressional
Quarterly, Fitzpatrick voted for an amendment to the Custom Health
Option and Individual Care Expense Arrangement (CHOICE) Act, which would
"express the sense of Congress that the 'future of healthcare lies in
healthcare freedom, not in socialized medicine' and that expanding
direct access to health care should be prioritized over expanding access
to coverage." The vote was on the adoption of an amendment. The House
adopted the amendment by a vote of 228 to 206. [House Vote 280,
6/21/23; Congressional
Quarterly, 6/21/23;
Congressional Actions, H.R.
3799;
Congressional Actions, H.Amdt.
209]