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House bill could eliminate ACA employer mandate, add Roth HSA program

Posted by DaveMoll on May. 12, 2025  /   0

Introduced on April 29 by Rep. Pete Sessions (R-Texas), the Health Care Fairness for All Act could eliminate the Affordable Care Act (ACA) employer health coverage mandate, while keeping some popular ACA coverage rules and adding a Roth health savings account (HSA) program. The bill is identical to a bill Sessions introduced in May 2023.

The bill confirms that many of the most popular ACA rules, such as the current ban on denying coverage due to a preexisting condition, would stay in effect. But the bill would discourage people from waiting until they get sick to pay for coverage by letting plans charge a 20 percent late-enrollment penalty for people who enroll in new coverage without having had other coverage in place for at least 12 months. In addition, the bill would support state efforts to create association health plans and endorse state use of high-risk pools to provide health coverage for high-risk individuals.

Roth HSAs. The bill also proposes replacing current tax-deductible HSAs with Roth HSAs, or HSAs that resemble Roth individual retirement accounts (IRAs). In Sessions’ Roth HSA system, taxpayers would contribute after-tax income to their HSAs. In exchange for using after-tax income to fund the HSAs, they could combine the HSAs with ordinary, low-deductible health coverage.

SOURCE: H.R. 3080, introduced Apr. 29, 2025.

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