SEC. 71306. Permanent extension of safe harbor for absence of deductible for telehealth services.
(a) In general.—Subparagraph (E) of section 223(c)(2) is amended to read as follows:
“(E) SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR TELEHEALTH.—A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for telehealth and other remote care services.”.
(b) Certain coverage disregarded.—Clause (ii) of section 223(c)(1)(B) is amended by striking “(in the case of months or plan years to which paragraph (2)(E) applies)”.
(c) Effective date.—The amendments made by this section shall apply to plan years beginning after December 31, 2024.
SEC. 71307. Allowance of bronze and catastrophic plans in connection with health savings accounts.
(a) In general.—Section 223(c)(2) is amended by adding at the end the following new subparagraph:
“(H) BRONZE AND CATASTROPHIC PLANS TREATED AS HIGH DEDUCTIBLE HEALTH PLANS.—The term ‘high deductible health plan’ shall include any plan which is—
“(i) available as individual coverage through an Exchange established under section 1311 or 1321 of the Patient Protection and Affordable Care Act, and
“(ii) described in subsection (d)(1)(A) or (e) of section 1302 of such Act.”.
(b) Effective date.—The amendment made by this section shall apply to months beginning after December 31, 2025.
SEC. 71308. Treatment of direct primary care service arrangements.
(a) In general.—Section 223(c)(1) is amended by adding at the end the following new subparagraph:
“(E) TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.—
“(i) IN GENERAL.—A direct primary care service arrangement shall not be treated as a health plan for purposes of subparagraph (A)(ii).
“(ii) DIRECT PRIMARY CARE SERVICE ARRANGEMENT.—For purposes of this subparagraph—
“(I) IN GENERAL.—The term ‘direct primary care service arrangement’ means, with respect to any individual, an arrangement under which such individual is provided medical care (as defined in section 213(d)) consisting solely of primary care services provided by primary care practitioners (as defined in section 1833(x)(2)(A) of the Social Security Act, determined without regard to clause (ii) thereof), if the sole compensation for such care is a fixed periodic fee.
“(II) LIMITATION.—With respect to any individual for any month, such term shall not include any arrangement if the aggregate fees for all direct primary care service arrangements (determined without regard to this subclause) with respect to such individual for such month exceed $150 (twice such dollar amount in the case of an individual with any direct primary care service arrangement (as so determined) that covers more than one individual).
“(iii) CERTAIN SERVICES SPECIFICALLY EXCLUDED FROM TREATMENT AS PRIMARY CARE SERVICES.—For purposes of this subparagraph, the term ‘primary care services’ shall not include—
“(I) procedures that require the use of general anesthesia,
“(II) prescription drugs (other than vaccines), and
“(III) laboratory services not typically administered in an ambulatory primary care setting.
The Secretary, after consultation with the Secretary of Health and Human Services, shall issue regulations or other guidance regarding the application of this clause.”.
(b) Direct primary care service arrangement fees treated as medical expenses.—Section 223(d)(2)(C) is amended by striking “or” at the end of clause (iii), by striking the period at the end of clause (iv) and inserting “, or”, and by adding at the end the following new clause:
“(v) any direct primary care service arrangement.”.
(c) Inflation adjustment.—Section 223(g)(1) is amended—
(1) by striking “in subsections (b)(2) and (c)(2)(A)” and inserting “in subsections (b)(2), (c)(2)(A), and in the case of taxable years beginning after 2026, (c)(1)(E)(ii)(II)”,
(2) in subparagraph (B), by striking “clause (ii)” in clause (i) and inserting “clauses (ii) and (iii)”, by striking “and” at the end of clause (i), by striking the period at the end of clause (ii) and inserting “, and”, and by inserting after clause (ii) the following new clause:
“(iii) in the case of the dollar amount in subsection (c)(1)(E)(ii)(II), ‘calendar year 2025’.”, and
(3) by inserting “, (c)(1)(E)(ii)(II),” after “(b)(2)” in the last sentence.
(d) Effective date.—The amendments made by this section shall apply to months beginning after December 31, 2025.