Fate of HITECH is unclear in GOP's new cost-cutting bill
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Although the HITECH Act is funded from a different part of the American Recovery and Reinvestment Act of 2009 (ARRA), and is not singled out for repeal in HR 408, it could be affected because provisions in the bill call for unallocated ARRA funds to be cut.
Title III of the bill calls for rescission of all unobligated balances in discretionary appropriations made available by Division A in the ARRA. If the bill is made into law, “Subtitles B and C of title II and titles III through VII of division B of the ARRA (Public Law 111–5) are repealed, and the provisions of law amended or repealed by such provisions of division B are restored or revived as if such provisions of division B had not been enacted.”
The intentions for PPACA and HCERA are more clear cut. Section 706 of the bill, “Deauthorization of Appropriations to Carry out PPACA and HCERA,” states: “Notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out the provisions of the PPACA, [the] Health Care and Education Reconciliation Act of 2010 [and] any amendment made by either such act.”
The bill further states: “Of the funds made available by section 1005(b) of the Health Care and Education Reconciliation Act of 2010 … the unobligated balance is rescinded.”
The bill’s chances of passing into law as written are slim, based on the current political climate. As seen last week, the Senate refused to bring up a House PPACA repeal measure, and President Barack Obama spoke to the potential of modifying the act, as opposed to repealing it during his State of the Union address on Jan. 25.