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117TH CONGRESS
1ST SESSION H. R. 2149
To provide that certain rules and guidance related to waivers for State
innovation under the Patient Protection and Affordable Care Act shall
have no force or effect.
IN THE HOUSE OF REPRESENTATIVES
MARCH 23, 2021
Ms. KUSTER (for herself, Mr. BEYER, and Mr. COURTNEY) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide that certain rules and guidance related to waivers
for State innovation under the Patient Protection and
Affordable Care Act shall have no force or effect.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Americans
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with Pre-existing Conditions Act of 2021’’.
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•HR 2149 IH
SEC. 2. PROVIDING THAT CERTAIN RULES AND GUIDANCE
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RELATED TO WAIVERS FOR STATE INNOVA-
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TION UNDER THE PATIENT PROTECTION AND
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AFFORDABLE CARE ACT SHALL HAVE NO
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FORCE OR EFFECT.
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(a) IN GENERAL.—The Secretary of Health and
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Human Services and the Secretary of the Treasury may
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not take any action to implement, enforce, or otherwise
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give effect to the rules and guidance described in sub-
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section (b), and no such rules and guidance shall have any
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force or effect.
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(b) RULES AND GUIDANCE.—The rules and guidance
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described in this subsection are the following:
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(1) The provisions in the final rule issued by
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the Secretary of Health and Human Services and
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the Secretary of the Treasury on January 19, 2021,
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relating to ‘‘Updates to State Innovation Waiver
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(Section 1332 Waiver) Implementing Regulations’’
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(86 Fed. Reg. 6138).
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(2) The guidance issued by such Secretaries en-
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titled ‘‘State Relief and Empowerment Waivers’’ (83
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Fed. Reg. 53575 (October 24, 2018)), or any other
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rule promulgated to give effect to such guidance.
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