On May 31, the House Ways and Means Committee will mark up H.R. 436, the Protect Medical Innovation Act of 2011, which would repeal the ACA’s 2.3% excise tax on the sale price of medical devices sold by the manufacturer, producer, or importer of the device after December 31, 2012.  House Majority Leader Eric Cantor announced May 25, 2012 that the full House could vote on H.R. 436 as early as the week of June 4, 2012. In addition to the device tax bill, the Ways and Means Committee will consider:

• H.R. 5842, which would repeal ACA provisions that disqualify expenses for over-the-counter medicine under health savings accounts (HSAs), Archer medical savings accounts, health flexible spending arrangements (FSAs), and health reimbursement arrangements;
• H.R. 1004, which would allow allowing any funds remaining in a medical FSA at the end of a plan year to be distributed to the employee; and
• H.R. 5858, which would change the tax treatment of HSA distributions for certain early retirees.