Patient Protection and Affordable Care Act (PPACA):
Under the PPACA, beginning in 2011 the tax penalty on HSA withdrawals for Non-qualified medical expenses will increase from 10 percent to 20 percent and over-the-counter (OTC) medications will no longer be eligible for payment or reimbursement from an HSA. 

SIGIS Press Release reagrding the categories of over-the-counter (OTC) drugs to be removed from the Eligible Products List in response to changes made by PPACA.


Letter from the NAIC to HHS Secretary Sebelius in response to a letter she sent to governors requesting information about state authority and resources to enforce the provisions of PPACA and results of a survey conducted by the NAIC on that topic.


Pre-Existing Condition Insurance Plan (PCIP) is an HSA-qualified high-deductible health plan.  PCIP was created by the Patient Protection and Affordable care Act as a transitional plan until 2014 for those previously denied coverage due to pre-existing conditions.


Paper by the Joint Economic Committee Republican staff explains why new health plan premium data suggests that the "Cadillac tax" included in PPACA will not bring in as much revenue as previously calculated. 


New notices and disclosures due under healthcare reform provided by Mercer.  Information includes PPACA requirements and effective dates.


• Critical Employer Issues in the Patient Protection and Affordable Care Act: May 2010 U.S. Chamber of Commerce white paper released to help the business community comply with the new health care law.
  
  
• Health Reform Provisions that Could Impact Consumer-Driven Health Plans.  This summary, from March 30, 2010, was written by Roy Ramthun, HSA Consulting Services, LLC.
   
  
• Timeline of when provisions of health care reform go into effect.
  
  
• Draft Side-by-Side Comparison of Provisions in the Senate Bill (Patient Protection and Affordable Care Act) and Reconciliation Bill.  The House passed both Bills on March 21, 2010.
   
  
• House Roll Call Votes on the Patient Protection and Affordable Care Act: 3/21/10.
   
• March 2, 2010 letter from President Obama to Congressional Leaders regarding the Blair House meeting and detailing the Republican ideas on health care reform that he would be willing to include.  Item number four directly addresses the inclusion of HSAs in the exchange.
  

Prior Events:

• Why Not HSAs? Senators Barbara Boxer (D-CA) and Richard Burr (R-NC) introduced legislation that would make FSAs available to members of the military.   
  Draft: American Health Benefit Exchange Model Act by NAIC, released November 15, 2010.
• Senator Harry Reid (D-NV) released the Patient Protection and Affordable Care Act, which is the healthcare reform bill that the Senate floor will debate beginning November 30, 2009. 
• As of October 29, 2009, the House released information on their health care reform bill: H.R. 3962, America's Affordable Health Choices Act. It was prepared by the Committees on Ways & Means, Energy & Commerce, and Education & Labor. The following links provide detailed information on and summary of this Bill. Detailed Summary of the Act, Section-by-Section Analysis, Implementation Timeline, List of the Major Changes Between this Act and the Original H.R. 3200, List of Provisions that can go into Immediate Effect.
• Spreadsheet of amendments offered through September 25, 2009 in the Senate Finance Committee.
• Senate Finance Committee's America's Healthy Future Act of 2009.  This was released on September 16, 2009.  It has several provisions that affect HSAs.  Please see pages 18, 204 and 205. 
• The House Energy and Commerce Committee passed their version of H.R. 3200, without the amendment that would protect HSAs.  Please follow this link for additional information and instructions on how to contact your Senators and Representative. 
• Sample letter to send to HSA owners in order to encourage them to take action in order to protect HSAs. 
• Read a July 16, 2009 Letter from the HSA Council and sent to members of the Energy and Commerce Committee in support of an amendment to H.R. 3200 that would protect the interest of the millions of account holders. 
• A Chart by the Heritage Foundation that provides a breakdown of income tax rates by state if Obama's proposed 5.4% surtax is passed and compares those rates to the rates in other developed countries. 
• Read a July 9, 2009 Letter from the fiscally conservative Democratic Blue Dog Coalition to House leadership that outlines the Blue Dogs' concerns regarding health care reform. 
• A Chart released by the US Chamber of Commerce that demonstrates the complex nature of the regulations associated with the Senate HELP Committee's Affordable Health Choices Act.  
• Two legislative proposals, backed by the HSA Council, that would establish a Medicare HSA and a Medicaid/SCHIP HSA.
• Sample Letter that account administrators can encourage their small business clients to send to members of Congress in response to the proposals from the Senate Finance Committee and House Ways and Means Committee.
• HSA Council's Response to the Senate Finance Committee's "Proposed Health System Savings and Revenue Options."
• S. 3626, originally introduced by Senator Orrin Hatch (R-UT) in the 110 Congress.  It would improve access to HSAs by expanding their availability and improving upon existing provisions.
• S. 173 originally introduced by Senators Inhofe (R-OK) and DeMint (R-SC) in the 110 Congress. It would establish Medicare HSAs.  

If you have any questions or would like to comment on recent developments regarding HSAs, please contact Kevin McKechnie or Renee Galbraith.

 The HSA Council is a joint effort of the American Bankers Association and its insurance subsidiary, the American Bankers Insurance Association.

Questions? Please contact Renee Galbraith for more information.