Hearing Information
Amendment Deadline
Monday, May 13, 2019 - 10:00am H-312, the Capitol View Announcement »
Meeting Information
Tuesday, May 14, 2019 - 4:30pm H-313, the Capitol View Announcement »
H.R. 987 - Marketing and Outreach Restoration to Empower Health Education Act of 2019 [Strengthening Health Care and Lowering Prescription Drug Costs Act]
Video
Bill Text
Rules Committee Print 116-14 PDF XML
Showing the text of H.R. 938, H.R. 1499, H.R. 965, H.R. 1385, H.R. 1386, H.R. 987, and H.R. 1010, as ordered reported by the Committee on Energy and Commerce, with modifications.
Marketing and Outreach Restoration to Empower Health Education Act of 2019 (as reported)
H. Rept. 116-53, Part 1 PDF
Report from the Committee on Energy and Commerce
Reports on Incorporated Bills
H. Rept. 116-46
:: Report from the Committee on Energy and Commerce to accompany H.R. 938 PDF
H. Rept. 116-52, Part 1
:: Report from the Committee on Energy and Commerce to accompany H.R. 1499 PDF
H. Rept. 116-55, Part 1
:: Report from the Committee on Energy and Commerce to accompany H.R. 965 PDF
H. Rept. 116-49
:: Report from the Committee on Energy and Commerce to accompany H.R. 1385 PDF
H. Rept. 116-50
:: Report from the Committee on Energy and Commerce to accompany H.R. 1386 PDF
H. Rept. 116-43
:: (Part 1) Report from the Committee on Education and Labor to accompany H.R. 1010 PDF
:: (Part 2) Report from the Committee on Energy and Commerce to accompany H.R. 1010 PDF
Comparative Print PDF
Comparing the base document H.R. 987, as reported, with Rules Committee Print 116-14, as modified.
Hearing Documents
Rule Information
COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 9-4 on Tuesday, May 14, 2019.
FLOOR ACTION ON H. RES. 377:
Agreed to by record vote of 229-188, after agreeing to the previous question by record vote of 228-189, on Wednesday, May 15, 2019.
MANAGERS: Scanlon/Cole
1. Closed rule for H.R. 5.
2. Provides 90 minutes of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
3. Waives all points of order against consideration of the bill.
4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides one motion to recommit with or without instructions.
7. Closed rule for H.R. 312.
8. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources.
9. Waives all points of order against consideration of the bill.
10. Provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.
11. Waives all points of order against provisions in the bill, as amended.
12. Provides one motion to recommit with or without instructions.
13. Structured rule for H.R. 987.
14. Provides 90 minutes of general debate with 60 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce and 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.
15. Waives all points of order against consideration of the bill.
16. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-14 shall be considered as adopted and the bill, as amended, shall be considered as read.
17. Waives all points of order against provisions in the bill, as amended.
18. Makes in order only those amendments printed in 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.
19. Waives all points of order against the amendments printed in the report.
20. Provides one motion to recommit with or without instructions.
Amendments (click headers to sort)
| # | Version # | Sponsor(s) | Party | Summary | Status |
|---|---|---|---|---|---|
| 1 | Version 1 | Lynch (MA) | Democrat | Extends the deadline by which States may apply for federal assistance to establish state-based marketplaces by one year to December 31, 2023. Extends the date by which the State Exchanges must be self-sustaining by one year to January 1, 2025. | Made in Order |
| 2 | Version 1 | Lynch (MA) | Democrat | Asks the GAO to conduct a cost benefit analysis of the establishment of State-administered health insurance plans for states that may want to offer a public option in their health insurance exchanges. The report is due to Congress no later than one year after enactment. | Made in Order |
| 3 | Version 1 | Deutch (FL) | Democrat | Adds a duty requiring navigators to provide information in plain language regarding essential health benefits and consumer protections under the mental health and substance use disorder benefits parity law. | Made in Order |
| 4 | Version 1 | Harder (CA) | Democrat | Provides opioid specific education and training to the Navigators and the Certified Application Counselors (CACs) that ensures they can best educate individuals on the marketplace plans specifically for opioid health care treatment. | Made in Order |
| 5 | Version 1 | Harder (CA) | Democrat | Expresses a sense of Congress that Navigators and Certified Application Counselors (CACs) should provide equal access and outreach to homeless populations, and specifically to homeless populations impacted by drug use (such as opioid and opiate use). | Submitted |
| 6 | Version 1 | Harder (CA) | Democrat | Expresses a sense of Congress that there should be equitable geographical distribution of Navigators and Certified Application Counselors (CACs). Equitable distribution includes cities, rural districts, and homeless populations. | Submitted |
| 7 | Version 1 | Eshoo (CA), Wexton (VA) | Democrat | Requires Short Term Limited Duration Insurance plans (STLDI) to prominently carry a disclosure that the plan provides coverage for limited medical conditions and benefits. Also prohibits STLDI from being sold during the Affordable Care Act's open enrollment period. | Submitted |
| 8 | Version 1 | Bucshon (IN), McKinley (WV), Upton (MI), Carter, Buddy (GA), Collins, Doug (GA), Sensenbrenner (WI) | Republican | Strikes title II – Health Insurance Market Stabilization. | Made in Order |
| 9 | Version 1 | Escobar (TX), Porter (CA), Torres, Norma (CA) | Democrat | Requires Navigators to assist vulnerable populations including individuals with limited English proficiency and chronic illnesses. | Made in Order |
| 10 | Version 1 | Norman (SC), Meadows (NC) | Republican | Strikes title III – Budgetary Effects, and inserts a new Title III – Coverage and Access Effects, which requires CBO to determine the effects on access and coverage for individuals and how many people will lose insurance coverage in the health care market resulting from provisions under this Act, which repeals the short-term limited duration insurance rule. | Submitted |
| 11 | Version 1 | Norman (SC), Meadows (NC) | Republican | States that funds may not be used for any qualified health plan offered through an Exchange that offers coverage for abortion. | Submitted |
| 12 | Version 1 | Cartwright (PA) | Democrat | Extends the annual open enrollment period for Federally Facilitated Exchanges from 45 days to 3 months. | Submitted |
| 13 | Version 1 | Blunt Rochester (DE) | Democrat | Requires the Secretary of the Department of Health and Human Services to release all aggregated studies and data sets created on or after January 1, 2014 related to marketing and outreach for the Affordable Care Act’s individual marketplace. | Made in Order |
| 14 | Version 1 | Wexton (VA) | Democrat | Includes findings that the final rule on short-term, limited duration insurance weakens protections for the millions of Americans living with preexisting health conditions, including children with complex medical needs and disabilities and their families. | Made in Order |
| 15 | Version 1 | Wexton (VA) | Democrat | Requests a GAO report on how funding cuts and changes to the navigator program have negatively impacted consumers purchasing coverage on the federal exchanges who are living in rural, undeserved communities. | Submitted |
| 16 | Version 1 | Brown (MD), Krishnamoorthi (IL), Barragán (CA) | Democrat | Adds that the Secretary shall implement outreach and educational activities in areas with high health disparities. | Made in Order |
| 17 | Version 1 | Brown (MD) | Democrat | Withdrawn Ensures that all Federal income tax return forms include a section that allows taxpayers to indicate whether they want Federal officials to determine their eligibility for Medicaid or subsidized healthcare under the Affordable Care Act. | Withdrawn |
| 18 | Version 1 | Roe (TN), Guthrie (KY) | Republican | Strikes section 204 – Short-Term Limited Duration Insurance Rule Prohibition - of the underlying bill and replaces it with language that codifies the current STLDI definition while also allowing for guaranteed renewability. | Submitted |
| 19 | Version 1 | Pappas (NH) | Democrat | Requires the Secretary of Health and Human Services to set annual enrollment targets for the Exchanges for the plan year 2020 and each subsequent plan year. | Made in Order |
| 20 | Version 2 | Scanlon (PA) | Democrat | Revised Requires the HHS Secretary to issue biweekly public reports during the annual open enrollment period on the performance of the federal exchange and the Small Business Health Options Program exchange. Each report will include a summary of information on the open enrollment season including the number of website visits, accounts created, calls to the call center, number of people who enroll in a plan and what enrollment path they took, e.g., website, broker, or call center. | Made in Order |
| 21 | Version 3 | Morelle (NY), Wexton (VA) | Democrat | Revised Requires GAO to study the effect of President Trump’s cuts to ACA outreach and the Navigator Program on health insurance enrollment and the cost of coverage. | Made in Order |
| 22 | Version 1 | Johnson, Eddie Bernice (TX) | Democrat | Requires Navigators to receive training on how to assist consumers with Medicaid and CHIP enrollment. | Made in Order |
| 23 | Version 1 | Shalala (FL) | Democrat | States the sense of Congress that the Secretary of HHS should not take any action to prohibit or restrict “silver loading.” | Made in Order |
| 24 | Version 1 | Cox (CA) | Democrat | Adds a new subsection (b): Promote Transparency and Accountability in the Administration’s Expenditures of Exchange User Fees, which requires HHS to submit an annual report to Congress that includes a detailed breakdown of the Department’s spending on outreach and enrollment, navigators, maintenance of Healthcare.gov, and operation of the Healthcare.gov call centers. | Made in Order |
| 25 | Version 1 | Krishnamoorthi (IL) | Democrat | Withdrawn Acknowledges the diversity of the populations served through the required outreach and educational activities, and by the Exchange. | Withdrawn |
| 26 | Version 1 | Gomez (CA) | Democrat | Clarifies the ability of Navigators to provide referrals to community-based organizations that address social needs related to health outcomes. | Made in Order |
| 27 | Version 2 | Waters (CA) | Democrat | Revised Provides grants for outreach and promotional activities in states with state-run exchanges. | Revised |
| 28 | Version 2 | Waters (CA) | Democrat | Revised Requires HHS to submit to Congress a report on the extent to which increases in the prices of commonly prescribed drugs have caused individuals with health insurance to forego needed treatment. | Made in Order |
| 29 | Version 1 | Waters (CA) | Democrat | Withdrawn Requires prescription drug plans participating in Medicare Part D to include in their formularies and cover without step therapy all drugs approved for the treatment of serious medical conditions, including cancer, epilepsy, HIV/AIDS, mental health conditions, and recovery from organ transplantation. | Withdrawn |
| 30 | Version 1 | Waters (CA) | Democrat | Withdrawn Requires qualified health plans to include in their formularies and cover without step therapy all drugs approved for the treatment of serious medical conditions, including cancer, epilepsy, HIV/AIDS, mental health conditions, and recovery from organ transplantation. | Withdrawn |
| 31 | Version 1 | Lipinski (IL) | Democrat | Requires a GAO report to determine whether the Department of Health and Human Services has taken appropriate steps to ensure that routine maintenance to the Healthcare.gov website is minimally disruptive to consumers. | Made in Order |
| 32 | Version 1 | Johnson, Dusty (SD) | Republican | Adds a new subsection to allow states to define short-term limited duration insurance. | Submitted |
| 33 | Version 1 | Walberg (MI) | Republican | Requires the Secretaries of Health and Human Services, Labor, and the Treasury to certify that any changes to the Short-term Limited Duration Plan final rule would increase the number of individuals with health insurance coverage before the changes can go into effect. In addition, the Secretary of Labor is required to certify that any changes to the Association Health Plan final rule would increase the number of individuals with group insurance coverage before the changes can go into effect. | Submitted |
| 34 | Version 1 | Hayes (CT), Waters (CA) | Democrat | Amends the Federally-Facilitated Marketplace (FFM) navigator program to authorize $25,000,000 out of amounts collected by user fees for State-Based Exchanges. Ensures that no state shall receive a grant that is less than $1,000,000. | Made in Order |
| 35 | Version 2 | DeSaulnier (CA) | Democrat | Revised Commissions a study by the National Academy of Medicine into the amount of federal funding and research used in the development of drugs by pharmaceutical companies, and to put measures in place to curb excessive drug costs. | Made in Order |
| 36 | Version 1 | Bucshon (IN), Upton (MI), McKinley (WV), Collins, Doug (GA), Sensenbrenner (WI) | Republican | Withdrawn Strikes Title II – Health Insurance Market Stabilization, leaving only the drug pricing provisions. | Withdrawn |
| 37 | Version 1 | Shimkus (IL), Walberg (MI) | Republican | Allows funding for outreach and education for association health plans. | Submitted |
| 38 | Version 1 | Latta (OH) | Republican | Requires navigators to tell consumers if the health plan they are considering provides abortion coverage and the.associated surcharge for such coverage. | Submitted |
| 39 | Version 1 | Walden (OR) | Republican | Reduces exchange user fees and patients’ insurance premiums for three years. | Submitted |
| 40 | Version 1 | Scalise (LA) | Republican | Inserts the Born-Alive Abortion Survivors Protection Act. | Submitted |
| 41 | Version 1 | Walden (OR) | Republican | Inserts the Preexisting Conditions Protection Act. | Submitted |
| 42 | Version 1 | Burgess (TX) | Republican | Strikes title II – Health Insurance Market Stabilization - and inserts language reauthorizing community health centers, the national health service corps and other public health priorities. | Submitted |
| 43 | Version 1 | Welch (VT), Schrader (OR) | Democrat | Prohibits the Secretary of HHS from ending autoenrollment. | Made in Order |
| 44 | Version 1 | Golden (ME) | Democrat | Removes portions of prescription drug exclusivity for significant prescription drug price increases during patent monopoly periods. | Submitted |
| 45 | Version 1 | Golden (ME) | Democrat | Requires pharmaceutical manufacturers to report significant prescription drug price increases to the Secretary of Health and Human Services, the Secretary must report annually to Congress. Penalties are established for failure to report. | Submitted |
| 46 | Version 1 | Perlmutter (CO), Gallagher (WI) | Bi-Partisan | Requires all medical providers, including insurers and drug companies, to publicly disclose costs for all products, services and procedures. | Submitted |
| 47 | Version 1 | Adams (NC) | Democrat | Directs GAO to conduct an analysis of the 1332 State Innovation Program and determine other programs that could increase access to affordable health insurance coverage, including the feasibility of a publicly-sponsored option to the extent that it generates savings for the Federal government. The report is due to Congress no later than one year after enactment. | Submitted |
| 48 | Version 1 | Scalise (LA) | Republican | Late Disqualifies states that do not have born alive protections from receiving funds authorized by the bill. | Submitted |
| 49 | Version 1 | Phillips (MN) | Democrat | Late Directs Exchanges to establish an online website portal to facilitate the sharing of information between the Exchange and Navigator organizations about their clients’ applications for health insurance. | Made in Order |
| 50 | Version 1 | Carter, Buddy (GA) | Republican | Late Allows funding from the bill to be used to educate consumers about the potential pros and cons of short term limited duration plans. | Submitted |
| 51 | Version 1 | Davids (KS) | Democrat | Late Withdrawn Requires the Secretary of Health and Human Services to issue guidance directing the prices of drugs to be included in all advertising of drugs, and requiring brand-name drug advertisements to include the name and prices of any generic versions of their drug. | Withdrawn |
| 52 | Version 1 | Cox (CA) | Democrat | Late Adds areas with high concentrations of unemployment to the list where such outreach and educational activities shall be provided. | Made in Order |
| 53 | Version 1 | Horn (OK) | Democrat | Late Ensures rural areas are included in navigator outreach. | Made in Order |
| 54 | Version 1 | McBath (GA) | Democrat | Late Provides pharmacy school outreach by directing the Labor HHS and Education Secretaries to do outreach to institutions of higher education as it relates to the use and availability of generic drugs. | Made in Order |
| 55 | Version 1 | Cunningham (SC) | Democrat | Late Ensures that state healthcare Exchanges’ outreach activities are also targeted towards veteran populations. | Made in Order |
| 56 | Version 1 | Pallone (NJ), Walden (OR) | Bi-Partisan | MANAGER’S AMENDMENT Late Clarifies communication requirements for eligible product developers and license holders regarding requests, offers, and delivery of product samples. | Made in Order |
| 57 | Version 1 | King, Steve (IA) | Republican | Late This amendment strikes the ObamaCare-related bills in the HR 987, specifically HR 1385, HR 1386, HR 987, HR 1010, so that the House can begin an earnest discussion regarding prescription drug pricing. | Submitted |
Committee Votes
Rules Committee Record Vote No. 73
Motion by Mr. Cole to amend the rule to provide that after the Committee of the Whole completes consideration of H.R. 987 for amendment, the question of adoption of the amendment in the nature of a substitute shall be divided as follows: first, adoption of Title I of the amendment; and second, adoption of the matter comprising the remainder of the amendment in the nature of a substitute. 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. 75
Motion by Mr. Woodall to amend the rule to H.R. 987 to make in order and provide the appropriate waivers to amendment #11, offered by Rep. Norman (SC), which states that funds may not be used for any qualified health plan offered through an Exchange that offers coverage for abortion. 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. 76
Motion by Mr. Woodall to amend the rule to H.R. 987 to make in order and provide the appropriate waivers to amendment #39, offered by Rep. Walden (OR), which reduces exchange user fees and patients’ insurance premiums for three years. 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. 79
Motion by Mr. Burgess to amend the rule to H.R. 987 to make in order and provide the appropriate waivers to amendment #42, offered by Rep. Burgess (TX), which strikes Title II – Health Insurance Market Stabilization - and inserts language reauthorizing community health centers, the national health service corps, and other public health priorities. 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. 80
Motion by Mr. Burgess to amend the rule to H.R. 987 to make in order and provide the appropriate waivers to amendment #37, offered by Rep. Shimkus (IL), which allows funding for outreach and education for association health plans. 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. 82
Motion by Mrs. Lesko to amend the rule to H.R. 987 to make in order and provide the appropriate waivers to amendment #48, offered by Rep. Scalise (LA), which disqualifies states that do not have born alive protections from receiving funds authorized by the bill. 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. 83
Motion by Ms. Scanlon 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