Small Business Health Insurance Choice Act

TABLE OF CONTENTS:

Title I: Improved Access to Affordable Health Care

Subtitle A: Increased Availability and Continuity

of Health Coverage for Employees and Their

Families

Subtitle B: Preemption of Scope of State

Regulation

Subtitle C: Health Deduction Fairness

Title II: Removing Anti-Trust Impediments

Small Business Health Insurance Choice Act - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability And Continuity of Health Coverage of Health Coverage for Employees and their Families - Prohibits a group health plan limiting coverage or excluding from coverage based on a pre-existing condition if: (1) the condition was not diagnosed within three months before coverage; (2) the limitation or exclusion extends over more than six months after coverage; (3) the limitation or exclusion applies to an individual who, as of the date of birth, was covered; or (4) the limitation or exclusion relates to pregnancy. Sets forth continuity of coverage provisions. Prohibits a plan from cancelling coverage or denying renewal, except for such reasons as nonpayment of premiums, fraud, or because the plan no longer provides coverage in a geographic area.

Provides for enforcement by the Department of Labor for employers and group health plans. Amends the Internal Revenue Code to impose an excise tax on the failure of an insurer to comply with the requirements of the preceding paragraph. Provides for an exception to the tax if a State has adequate sanctions.

Subtitle B: Preemption of Scope of State Regulation - Prohibits a State or local law from: (1) requiring coverage of one or more specific benefits, services, or categories of health care, or services of any class or type of provider; and (2) prohibiting two or more employers from obtaining coverage under an insured multiple employer health plan. Preempts for five years provisions of State law concerning: (1) restrictions on reimbursement rates or selective contracting; and (2) restrictions on differential financial incentives.

Subtitle C: Health Deduction Fairness - Extends permanently and increases to 100 percent the health insurance tax deduction for self-employed individuals. Permits the deduction of uncompensated health insurance costs without regard to the adjusted gross income threshold for individuals who are not eligible to participate in any subsidized health plan maintained by either an employer or spouse.

Title II: Removing Antitrust Impediments - Provides for a program which permits a health care joint venture to apply for a limited exemption from the antitrust laws,

Permits a health care joint venture to apply for a certificate of public advantage. Directs the Attorney General to issue the certificate if: (1) the benefits of issuance are likely to outweigh the reduction in competition; and (2) the reduction in competition is reasonably necessary to obtain the desired benefit.

Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to evaluate competition and antitrust policy with respect to the performance of health care markets and to report recommendations to the Congress.