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DETAILED SUMMARY OF AFFORDABLE HEALTH CARE FOR AMERICA ACT <br />FINANCING: <br />Revenue. The bill would impose a surcharge on taxpayers with adjusted gross income in excess of $1 <br />million (married filing a joint return) and $500,000 (single) at a rate of 5.4 percent. The bill also: delays <br />implementation of worldwide interest allocation until 2020; limits eligibility for reduced treaty <br />withholding rates; codifies economic substance doctrine; information reporting for payments made to <br />corporations; eliminates nontaxable reimbursements of over the counter medications from HSAs, <br />HRAs, and health FSAs; limits contributions to health FSAs to $2,500; increases the penalty for non- <br />health related distributions from HSAs (from 10 percent to 20 percent); eliminates the tax deduction <br />for employers who receive a government subsidy for providing retiree prescription drug coverage; <br />impose an excise tax of 2.5 percent on medical devices used in the United States; and ensures tax <br />parity for employer-provided coverage for domestic partners and other non-dependents. The bill also <br />clarifies that an employee's share of premiums for employer-provided coverage offered through the <br />Exchange may be paid on a pre-tax basis through a cafeteria plan, but Exchange coverage that is not <br />employer-offered is not eligible to be offered through a cafeteria plan. <br />MEDICARE <br />The Affordable Health Care for America Act proposes major improvements and investments in the <br />Medicare program. It closes the donut hole while providing discounted drugs to beneficiaries; protects <br />the doctor-patient relationship for Medicare patients by promoting primary care, care coordination <br />and other payment reforms; and promotes wellness by eliminating cost-sharing for preventive services <br />and increasing access to vaccines. In addition, Affordable Health Care for America Act strengthens <br />Medicare by extending solvency of the Trust Fund for five years through its provisions that attack <br />waste, fraud and abuse and reform the payment and delivery systems. <br />Part A: <br />Hospitals. Substantial delivery and payment system reforms, including productivity adjustments and <br />reductions in market basket updates for most providers, per recommendations from MedPAC, OIG, <br />GAO and others. <br />Skilled nursing facilities. Follows recommendations from MedPAC and others to encourage payment <br />accuracy that more accurately reflects the costs of services provided. Nursing home transparency <br />provisions provide regulators and families additional information on nursing home ownership and <br />control and more information on nursing home staffing and quality through Nursing Home Compare. <br />Tougher penalties on nursing homes that fail to provide adequate care to their residents and improved <br />training for nursing home staff to increase quality of care. See Medicaid section for additional nursing <br />facility-related policies. <br />Medicare DSH payments. Directs the Secretary of HHS to study Medicare DSH payments and report to <br />Congress with recommendations on how best to ensure that DSH is properly targeted to adequately <br />reflect the higher costs of care associated with treating low-income patients. Reduces Medicare DSH <br />payments starting in 2017 if the uninsured rate drops by a certain number of percentage points <br />between 2012 and 2014. <br />Prepared by the Committees on Ways & Means, Energy & Commerce, and Education & Labor 4 <br />October 29, 2009 <br />27 <br />