Medical Device Tax Repeal Bills in the 113th Congress

Since the 113th Congress began, the repeal of medical device tax included in the Patient Protection and Affordable Care Act has been discussed among both Democrats and Republicans, in the House of Representatives and in the Senate.  The 2.3 percent medical device tax went into effect on sales of taxable medical devices on December 31, 2012. Examples of medical device tax repeal legislation introduced into the 113th Congress include:

In the House of Representatives:

  • HR 523- Protect Medical Innovation Act of 2013- Introduced on February 6, 2013, the bill amends the Internal Revenue Code to repeal the excise tax on medical device manufacturers and importers.
    • Sponsor:  Rep. Erik Paulsen (R-MN), the bill has 260 bipartisan cosponsors
    • Status: Pending before House Committee on Ways and Means
  • HR 581- First Responder Medical Device Tax Relief Act- Introduced on February 6, 2013, the bill amends the Internal Revenue Code to exempt a qualified emergency medical device from the excise tax on medical devices. Defines "qualified emergency medical device" as a medical device furnished by first responders or ambulance services in providing out-of-hospital or pre-hospital care, or transport to a medical care facility, for individuals with illnesses, injuries, or other medical emergencies or in need of medical transport, extrication, or evacuation.
    • Sponsor: Rep. Michael Turner (R-OH), the bill has 6 cosponsors
    • Status: Pending before House Committee on Ways and Means
  • HR 1295- Medical Device Tax Elimination Act- Introduced on March 20, 2013, the bill amends the Internal Revenue Code to repeal the excise tax on medical devices and generate revenue through taxes on oil companies.
    • Sponsor: Rep. Daniel Maffei (D-NY),  the bill has 3 cosponsors
    • Status: Pending before House Committee on Ways and Means

In the Senate:

  • S 232- Medical Device Access and Innovation Protection Act- Introduced on February 7, 2013, the bill, amends the Internal Revenue Code to repeal the excise tax on medical device manufacturers and importers.
    • Sponsor: Sen. Orrin Hatch (R-UT), the bill has 35 bipartisan cosponsors
    • Status: Pending before the Senate Committee on Finance
  • S J Res 8- A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Internal Revenue Service of the Department of the Treasury relating to taxable medical devices- Introduced on February 27, 2013, the joint resolution disapproves and nullifies a rule submitted by the Internal Revenue Service (IRS) that provides guidance on the excise tax imposed on the sale of certain medical devices.
    • Sponsor: Sen. Rand Paul (R-KY)
    • Status: Pending before the Senate Committee on Finance
  • S Con Res 8-  An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2014, revising the appropriate budgetary levels for fiscal year 2013, and setting forth the appropriate budgetary levels for fiscal years 2015 through 2023. Introduced on March 15, 2013, the concurrent resolution authorizes certain deficit-neutral reserve funds including for repeal of the medical device tax.
    • Sponsor: Sen. Patty Murray (D-WA)
    • Status: The Senate voted 79 to 20 to repeal the tax on March 21st, through the bipartisan budget amendment in a nonbinding resolution.

When Members of Congress return to Washington on September 9th, the spending debate and the federal budgeting process will kick into high gear as the current Continuing Resolution (CR), which keeps the government running, expires on September 30th.  The status and repeal of the medical device tax is expected to remain a top issue for both Democrats and Republicans. 

HIMSS follows such bills closely and compares them against the HIMSS Board-approved Public Policy Principles. Please check the HIMSS Legislative Action Center to track progress of medical device and other health IT-related legislation.



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