Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or another hot-button matter.
Senate Republicans released revised text for the budget reconciliation bill (H.R. 1) over the weekend after rulings from the Senate parliamentarian necessitated changes to several provisions. Budget reconciliation bills must comply with the Byrd Rule, which generally requires all provisions to be primarily related to the budget and not increase the deficit outside of the budget window. Among the provisions the Senate parliamentarian determined violated the Byrd Rule and thus would be subject to a 60-vote point of order if included in the bill on the Senate floor in their current form were certain Medicaid spending cut provisions and limitations on eligibility for premium tax credits under the Affordable Care Act. Earlier today, the Senate voted 53-47 on party lines to uphold the presiding chair’s ruling that Senate Budget Committee Chair Lindsey Graham (R-SC) has the sole authority to decide if provisions of the bill (including the individual TCJA extensions) do not add to future deficits outside of the 10-year budget window as a result of the use of a “current policy” baseline.
Of note in the benefits space, the revised Senate bill text includes two health spending account (“HSA”) provisions that were included in the House-passed bill (bronze and catastrophic plans as high deductible health plans (“HDHPs”) and facilitating the use of direct primary care arrangements) and the important addition of a permanent fix to the telehealth HSA HDHP exception. Other HSA provisions from the House-passed bill such as the provision to allow Medicare Part A enrollees to remain HSA-eligible and the ICHRA CHOICE provisions have not been added back.
The Senate is voting on amendments throughout the day on Monday with a vote on final passage expected late Monday or Tuesday. If the Senate passes the bill, the House is expected to be called back into session to consider the Senate version of the bill sometime this week. The White House is continuing to call for final passage and a signing ceremony for the bill by July 4th.