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Tom Price's "Empowering Patients First Act" of 2015

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This page covering a proposed federal healthcare bill was last updated in 2017. If you would like to help our coverage grow, consider donating to Ballotpedia. Please contact us with any updates.


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The Empowering Patients First Act was first introduced in 2009 by then-Congressman Tom Price (R-Ga.), who was confirmed as United States Secretary of Health and Human Services on February 10, 2017.[1] During his time in Congress, Price reintroduced a new version of the bill in each session. In 2015, the fourth iteration of the plan was introduced. The proposal primarily envisions a system of tax credits, health savings accounts, and individual insurance pools to expand health insurance coverage. The Affordable Care Act, commonly known as Obamacare, would be repealed in its entirety.

HIGHLIGHTS
  • The Empowering Patients First Act would maintain a ban on denying coverage for preexisting conditions and a limit on untaxed health benefits.
  • The plan would allow individuals to opt out of any public or group health plan, such as Medicaid or employer-sponsored insurance, and receive a health insurance tax credit instead.
  • The plan also proposes several changes to the legal structure for medical malpractice lawsuits, such as the establishment of healthcare tribunals to process cases.
  • How quickly could a repeal and replace plan be voted on?

    In a press conference held on January 11, 2017, President Donald Trump outlined his plan for repealing and replacing the Affordable Care Act. His statements indicated a plan to introduce a replacement bill alongside or soon after a repeal bill after the confirmation of Tom Price as secretary of health and human services:

    We're going to be submitting, as soon as our secretary's approved, almost simultaneously, shortly thereafter, a plan. It'll be repeal and replace. It will be essentially, simultaneously. It will be various segments, you understand, but will most likely be on the same day or the same week.[2]
    —Donald Trump[3]

    House Speaker Paul Ryan indicated a similar goal in a statement on January 10, 2017, saying "It is our goal to bring it all together concurrently."[4]

    How would the Affordable Care Act be repealed?

    Because Republicans lack a 60-vote supermajority in the Senate, they will need the votes of Democratic senators to completely repeal and replace the Patient Protection and Affordable Care Act (ACA), which is unlikely. Instead, they can try to eliminate some parts of the law through the budgetary process of reconciliation, which only requires 51 votes.

    On January 3, 2017, Republican Sen. Mike Enzi (Wyo.) began the process of repealing ACA by introducing a budget resolution that would repeal parts of the law that impact the federal budget or taxes. The budget resolution would phase out the Affordable Care Act while giving Republican lawmakers time to find what they consider a suitable replacement.[5]

    Text of plan

    Summary

    Congressman Tom Price's (R-Ga.) Empowering Patients First Act would repeal the Affordable Care Act (ACA) in its entirety. The plan would maintain a ban on denying coverage for preexisting conditions and a limit on untaxed health benefits. The plan also envisions a system of tax credits to help individuals purchase insurance, though these would be based on age and the average price of insurance for different age groups. Insurers would not be required to cover a federally determined set of health benefits, as they were under the ACA.[6]

    Unlike the ACA, the Empowering Patients First Act would allow individuals to opt out of any public or group health plan, such as Medicaid or employer-sponsored insurance, and receive a health insurance tax credit instead. The plan encourages the use of health savings accounts (HSA), primarily by offering a one-time $1,000 tax credit for deposit in an HSA, increasing the amount that can be contributed to the HSA annually, and protecting the HSA from seizure during bankruptcy.[6]

    Under the act, insurers could sell policies across state lines. The proposal would also allow individuals to pool together to purchase health coverage as a method of expanding insurance coverage. The pools would be considered new legal nonprofit entities. Small businesses could also pool together across state lines through trade or professional associations in order to purchase coverage. The plan posits that this would give these groups greater negotiating power with insurance companies. States would be provided federal funding to establish high-risk pools for individuals with chronic and complex conditions whose premiums would be exceptionally high.[6]

    The Empowering Patients First Act includes several changes to the legal structure for medical malpractice lawsuits. The law would direct a group of physicians to develop clinical guidelines. If physicians adhered to the clinical guidelines, they could not be held liable in a lawsuit "unless clear and convincing evidence establishes liability otherwise." Federal funding would be provided to states for the establishment of healthcare tribunals, where legal proceedings in a medical malpractice suit would take place to avoid a court trial.[6]

    Supporters

    The following organizations expressed support for the Empowering Patients First Act:

    • Association of Mature American Citizens
    "Unlike ObamaCare, the "Empowering Patients First Act" seeks to put patients and doctors back in control of health decisions, while making coverage more affordable and expanding access to quality care in ways that Americans deserve."[7]
    "Unlike Obamacare, this bill will actually expand access to care while lowering health care costs. Republicans should rally behind this plan."[8]

    News feed

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    See also

    Footnotes