This bill extends and enhances Affordable Care Act premium tax credits, implements anti-fraud measures for insurance enrollment, increases PBM accountability in Medicare Part D, mandates full rebate pass-through for ERISA plans, and expands Health Savings Account eligibility for certain Exchange enrollees.
Brian Fitzpatrick
Representative
PA-1
The Bipartisan Health Insurance Affordability Act aims to lower healthcare costs by extending and enhancing premium tax credits for Marketplace insurance through 2027. It also institutes strict new anti-fraud measures and verification processes for agents and brokers enrolling consumers in Exchange plans. Furthermore, the bill imposes significant transparency and accountability requirements on Pharmacy Benefit Managers (PBMs) in Medicare Part D and mandates a full pass-through of rebates in certain private health plans. Finally, it expands access to Health Savings Accounts (HSAs) for certain Exchange enrollees.
The Bipartisan Health Insurance Affordability Act is a major piece of legislation that tackles two of the biggest headaches in healthcare: the high cost of premiums and the opaque world of prescription drug pricing. This bill is essentially trying to make health insurance cheaper and stop drug middlemen from hoarding rebates. It extends the enhanced financial help for buying coverage on the ACA Marketplace through 2027 and introduces tough new rules to bring transparency to Pharmacy Benefit Managers (PBMs) in Medicare and employer plans.
If you buy your health insurance through the government Marketplace (like HealthCare.gov), this bill is good news for your budget through 2027 (Sec. 2). It extends the current enhanced Premium Tax Credits (PTCs), which means the government helps cover more of your monthly premium. Crucially, it raises the income cap for eligibility from 400% to 700% of the federal poverty line for those two years. For a family of four, 700% FPL is a pretty high income, meaning many middle-class families who previously didn't qualify for help will now get a break on their premiums. For those at the very bottom of the income scale (150% FPL and below), the bill reduces their required contribution to just $5 per month for the benchmark plan.
This extension means that if you’re a freelance software developer or a small business owner who buys your own insurance, you can count on those lower monthly payments staying put for a few more years. The goal here is to prevent a massive premium spike that would happen if the current subsidies were allowed to expire.
Have you ever been enrolled in a plan you didn't authorize, or dealt with a pushy insurance agent? This bill takes aim at those bad actors with serious consequences (Sec. 3). For agents or brokers who provide incorrect enrollment information, the penalties are steep: $10,000 to $50,000 in civil penalties for negligence, and up to $200,000 for knowingly providing false information. If they knowingly and willfully commit fraud, they could face up to 10 years in prison.
To prevent unauthorized enrollments, the bill requires a new verification process for all agent-assisted sign-ups in federally-run Exchanges, ensuring the agent has your consent before processing the change. It also requires the Exchange to notify you in plain language of any changes and provide instructions on how to cancel unauthorized activity. This is a big win for consumer protection, ensuring that the person helping you enroll is acting in your best interest, not just their commission's.
This is where the bill gets really interesting and potentially impacts drug costs for everyone—especially seniors and those in employer-sponsored plans (Sec. 5 and Sec. 6). The bill targets Pharmacy Benefit Managers (PBMs), the powerful middlemen who negotiate drug prices and rebates. Currently, PBMs often keep a chunk of the rebates they secure from drug manufacturers, which critics argue drives up costs for patients and plans.
For Medicare Part D and Medicare Advantage plans (Sec. 5), the bill mandates that PBMs can only receive “bona fide service fees” that are flat dollar amounts and reflect fair market value for actual services. They can no longer profit from percentage-based fees or spread pricing. Crucially, it requires PBMs to fully pass through all manufacturer rebates and discounts to the plan sponsor. If the PBM violates this, they have to pay the money back to the plan.
For employer-sponsored plans regulated by ERISA (Sec. 6), the rule is even clearer: PBM contracts must now require the PBM to remit 100 percent of all rebates, fees, and other drug-related payments back to the employer group health plan. This remittance must happen quarterly, within 90 days. This means if you work for a company with a self-funded health plan, your employer should see significant savings on drug costs, which should translate into lower premiums or out-of-pocket costs for you.
Finally, the bill addresses a long-standing complaint: the inability of Marketplace enrollees to use Health Savings Accounts (HSAs) effectively. Starting in 2026, the bill allows certain Marketplace enrollees to establish and contribute to an HSA (Sec. 7). If you enroll in the lowest-cost bronze plan available to you, you are now considered HSA-eligible. Even better, you can use HSA funds to pay for your health insurance premiums, which is usually not allowed.
For those who qualify for the premium tax credit, the bill offers a unique option: you can choose to have 50% of your tax credit paid directly to your insurer to lower your premium, and the other 50% paid directly into your HSA (Sec. 8). This is a game-changer, effectively using government subsidies to build up a tax-advantaged savings account that you can use for future medical expenses. It gives people more control over how their subsidy money is spent and encourages saving for healthcare costs.