article: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Health Relief Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES Sec. 101. Protecting American jobs and wages. Sec. 102. Increasing flexibility for small businesses. Sec. 103. Increasing choices for Americans. Sec. 104. Protecting patients from higher premiums. Sec. 105. Ensuring affordable coverage. TITLE II--INCREASING CONSUMER CONTROL Sec. 201. Repeal of the restriction on over-the-counter medicines. Sec. 202. Repeal of the annual cap. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE Sec. 301. Allowing individuals to keep the coverage they have if they like it. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES SEC. 101. PROTECTING AMERICAN JOBS AND WAGES. Sections 1513 and 1514 and subsections (e), (f), and (g) of section 10106 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such sections and subsections are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES. Section 1302(c)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) is repealed. SEC. 103. INCREASING CHOICES FOR AMERICANS. (a) Qualified Health Plan Coverage Satisfied by High Deductible Health Plan With Health Savings Account.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended to read as follows: ``(e) High Deductible Health Plan With Health Savings Account.--A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan.''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, except'' and all that follows through ``1302(e)(2)''. (2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient Protection and Affordable Care Act (Public Law 111- 148), is amended by striking ``, except'' and all that follows through ``such Act''. (3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking ``and catastrophic coverage''. SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS. Section 9010 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10905 of such Act, is repealed. SEC. 105. ENSURING AFFORDABLE COVERAGE. Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``, except'' and all that follows through ``2707(c))''. TITLE II--INCREASING CONSUMER CONTROL SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES. Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such section are repealed and the Internal Revenue Code of 1986 shall be applied as if such section and amendments had never been enacted. SEC. 202. REPEAL OF THE ANNUAL CAP. Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and the amendments made by such sections are repealed and the Internal Revenue Code of 1986 shall be applied as if such sections and amendments had never been enacted. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY LIKE IT. (a) In General.--Section 1251(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011) is amended-- (1) by striking ``Except as provided in paragraph (3),'' and inserting the following: ``(A) In general.--Except as provided in paragraphs (3) and (4),''; and (2) by adding at the end the following: ``(B) Protecting employers and consumers with grandfathered coverage.-- ``(i) In general.--A group health plan or health insurance coverage in which an individual is enrolled on or after March 23, 2010, but before any plan year beginning not later than 1 year after the date of the enactment of this subparagraph, and which is deemed to be a grandfathered health plan under this section, shall continue to be considered a grandfathered health plan with respect to such individual regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits under such plan or coverage as otherwise permitted under this Act (and the amendments made by this Act). ``(ii) Regulations.--The Secretary shall promulgate regulations to clarify the application of clause (i) to a plan or coverage that continues to be a grandfathered health plan pursuant to such clause.''. (b) Effective Date; Previously Promulgated Regulations Voided.-- (1) Effective date.--The amendments made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. (2) Previously promulgated regulations voided.--Any regulations relating to section 1251(a)(2) of such Act promulgated before the date of the enactment of this Act shall have no force or effect.
summary: Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market. Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin. Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act.