Title I — Establishment of the Medicare for All Program; Universal Coverage; Enrollment

H.R. 3421 · 118th Congress · May 17, 2023 · Lineage

I Establishment of the Medicare for All Program; Universal Coverage; Enrollment

Sec. 101 Establishment of the Medicare for All Program

There is hereby established a national health insurance program to provide comprehensive protection against the costs of health care and health-related services, in accordance with the standards specified in, or established under, this Act.

Sec. 102 Universal coverage

(a)

In general— Every individual who is a resident of the United States is entitled to benefits for health care services under this Act. The Secretary shall promulgate a rule that provides criteria for determining residency for eligibility purposes under this Act.

(b)

Treatment of other individuals— The Secretary may make eligible for benefits for health care services under this Act other individuals not described in subsection (a), and regulate the eligibility of such individuals, to ensure that every person in the United States has access to health care. In regulating such eligibility, the Secretary shall ensure that individuals are not allowed to travel to the United States for the sole purpose of obtaining health care items and services provided under the program established under this Act.

Sec. 103 Freedom of choice

Any individual entitled to benefits under this Act may obtain health services from any institution, agency, or individual qualified to participate under this Act.

Sec. 104 Non-discrimination

(a)

In general— No person shall, on the basis of race, color, national origin, age, disability, marital status, citizenship status, primary language use, genetic conditions, previous or existing medical conditions, religion, or sex, including sex stereotyping, gender identity, sexual orientation, and pregnancy and related medical conditions (including termination of pregnancy), be excluded from participation in or be denied the benefits of the program established under this Act (except as expressly authorized by this Act for purposes of enforcing eligibility standards described in section 102), or be subject to any reduction of benefits or other discrimination by any participating provider (as defined in section 301), or any entity conducting, administering, or funding a health program or activity, including contracts of insurance, pursuant to this Act.

(b)

Claims of discrimination—

(1)

In general— The Secretary shall establish a procedure for adjudication of administrative complaints alleging a violation of subsection (a).

(2)

Jurisdiction— Any person aggrieved by a violation of subsection (a) by a covered entity may file suit in any district court of the United States having jurisdiction of the parties. A person may bring an action under this paragraph concurrently as such administrative remedies as established in paragraph (1).

(3)

Damages— If the court finds a violation of subsection (a), the court may grant compensatory and punitive damages, declaratory relief, injunctive relief, attorneys’ fees and costs, or other relief as appropriate.

(c)

Continued application of laws— Nothing in this title (or an amendment made by this title) shall be construed to invalidate or otherwise limit any of the rights, remedies, procedures, or legal standards available to individuals aggrieved under section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Age Discrimination Act of 1975 (42 U.S.C. 611 et seq.). Nothing in this title (or an amendment to this title) shall be construed to supersede State laws that provide additional protections against discrimination on any basis described in subsection (a).

Sec. 105 Enrollment

(a)

In general— The Secretary shall provide a mechanism for the enrollment of individuals eligible for benefits under this Act. The mechanism shall—

(1)

include a process for the automatic enrollment of individuals at the time of birth in the United States (or upon establishment of residency in the United States);

(2)

provide for the enrollment, as of the dates described in section 106, of all individuals who are eligible to be enrolled as of such dates, as applicable; and

(3)

include a process for the enrollment of individuals made eligible for health care services under section 102(b).

(b)

Issuance of Universal Medicare cards— In conjunction with an individual’s enrollment for benefits under this Act, the Secretary shall provide for the issuance of a Universal Medicare card that shall be used for purposes of identification and processing of claims for benefits under this program. The card shall not include an individual’s Social Security number.

Sec. 106 Effective date of benefits

(a)

In general— Except as provided in subsection (b), benefits shall first be available under this Act for items and services furnished 2 years after the date of the enactment of this Act.

(b)

Coverage for certain individuals—

(1)

In general— For any eligible individual who—

(A)

has not yet attained the age of 19 as of the date that is 1 year after the date of the enactment of this Act; or

(B)

has attained the age of 55 as of the date that is 1 year after the date of the enactment of this Act,

(2)

Option to continue in other coverage during transition period— Any person who is eligible to receive benefits as described in paragraph (1) may opt to maintain any coverage described in section 901, private health insurance coverage, or coverage offered pursuant to subtitle A of title X (including the amendments made by such subtitle) until the date described in subsection (a).

Sec. 107 Prohibition against duplicating coverage

(a)

In general— Beginning on the effective date described in section 106(a), it shall be unlawful for—

(1)

a private health insurer to sell health insurance coverage that duplicates the benefits provided under this Act; or

(2)

an employer to provide benefits for an employee, former employee, or the dependents of an employee or former employee that duplicate the benefits provided under this Act.

(b)

Construction— Nothing in this Act shall be construed as prohibiting the sale of health insurance coverage for any additional benefits not covered by this Act, including additional benefits that an employer may provide to employees or their dependents, or to former employees or their dependents.

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May 17, 2023viewing Introduced in House Ms. Jayapal (for herself, Mrs. Dingell, Ms. Adams, Ms. Balint, Ms. Barragán, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Mr. Bowman, Mr. Boyle of Pennsylvania, Ms. Brown, Ms. Bush, Mr. Carbajal, Mr. Cárdenas, Mr. Carson, Mr. Carter of Louisiana, Mr. Cartwright, Mr. Casar, Mrs. Cherfilus-McCormick, Ms. Chu, Mr. Cicilline, Ms. Clarke of New York, Mr. Cleaver, Mr. Cohen, Ms. Crockett, Mr. Davis of Illinois, Ms. DeGette, Mr. Deluzio, Mr. DeSaulnier, Mr. Doggett, Ms. Escobar, Mr. Espaillat, Mrs. Foushee, Ms. Lois Frankel of Florida, Mr. Frost, Mr. Garamendi, Mr. Robert Garcia of California, Mr. García of Illinois, Mr. Goldman of New York, Mr. Gomez, Mr. Green of Texas, Mr. Grijalva, Mr. Harder of California, Mrs. Hayes, Mr. Higgins of New York, Ms. Hoyle of Oregon, Mr. Huffman, Mr. Ivey, Mr. Jackson of Illinois, Ms. Jackson Lee, Ms. Jacobs, Mr. Johnson of Georgia, Ms. Kamlager-Dove, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Ms. Lee of California, Ms. Lee of Pennsylvania, Ms. Leger Fernandez, Mr. Levin, Mr. Lieu, Ms. McCollum, Mr. McGarvey, Mr. McGovern, Mr. Meeks, Ms. Meng, Mr. Mfume, Mr. Mullin, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Payne, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Quigley, Mrs. Ramirez, Mr. Raskin, Mr. Sablan, Ms. Salinas, Ms. Sánchez, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Mr. Scott of Virginia, Mr. Sherman, Mr. Smith of Washington, Ms. Stansbury, Mr. Swalwell, Mr. Takano, Mr. Thanedar, Mr. Thompson of California, Mr. Thompson of Mississippi, Ms. Titus, Ms. Tlaib, Ms. Tokuda, Mr. Tonko, Mr. Torres of New York, Mrs. Trahan, Mr. Vargas, Ms. Velázquez, Ms. Waters, Mrs. Watson Coleman, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, Rules, Oversight and Accountability, Armed Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned