S. 3386: Health Care Freedom for Patients Act of 2025

Introduced Dec 8, 20251 cosponsors

Sponsor

Mike Crapo

Mike Crapo

Republican · ID

S. 3386 offers big HSA deposits for skimpier coverage

4 min readLast updated July 29, 2026

Why it matters

S. 3386 would let some ACA marketplace enrollees get $1,000 to $1,500 a month in government-funded HSA deposits — up to $12,000 or $18,000 a year. In exchange, the bill pushes cheaper, thinner health plans, permanently funds insurer cost-sharing payments, tightens Medicaid and CHIP eligibility checks, and bars exchange plans from treating gender-transition procedures as essential health benefits.

S. 3386 would steer some marketplace shoppers toward lower-premium plans by pairing them with very large federally funded HSA deposits.

Under the bill, eligible adults ages 18 to 49 enrolled in a bronze or catastrophic exchange plan in 2026 or 2027 would get $1,000 a month deposited into a special HSA. Adults ages 50 to 64 would get $1,500 a month. Those payments would be tax-free, and eligibility would extend to people with household income up to 700% of the poverty line.

The bill also opens catastrophic plans to the broader individual market starting in 2027, which means you could buy a lower-premium plan with less generous coverage than many ACA plans offer today. At the same time, it would permanently fund cost-sharing reduction payments to insurers, which backers argue would add stability to the exchange market.

The tradeoff is that lower upfront premiums would come with more room for thinner benefits and new federal limits on what exchange and Medicaid coverage can include.

Beyond the marketplace, S. 3386 would tighten Medicaid and CHIP funding rules for people without verified citizenship, nationality, or satisfactory immigration status. It would also create an 80% Medicaid expansion match for certain states beginning in 2027.

The bill reaches into coverage rules too. Exchange plans could no longer treat gender-transition procedures as an essential health benefit, and federal Medicaid and CHIP funds could not be used for specified gender-transition procedures except in limited cases described by the bill.

This is not just an ACA affordability bill — it is a broader conservative health care package that combines premium relief, Medicaid eligibility restrictions, and coverage limits in one proposal.

Bill Progress

IntroducedDec 8
Committee 
Pass Senate 
Pass House 
Signed 
Law 

Latest Action · Dec 11, 2025

1/2

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 643. (CR S8654)

S. 3386 Bill Summary

What S. 3386 actually does.

1

Marketplace enrollees get monthly HSA deposits

Eligible adults enrolled in bronze or catastrophic exchange plans in 2026 and 2027 would receive tax-free HSA deposits from HHS — $1,000 a month for ages 18 to 49 and $1,500 a month for ages 50 to 64.

2

Cheaper catastrophic plans open to more buyers

Starting in 2027, people in the individual market could buy catastrophic health plans more broadly, expanding access to lower-premium coverage with less generous benefits.

3

Insurer cost-sharing payments become permanent

The bill would permanently fund cost-sharing reduction payments for exchange plans, giving insurers and state markets more certainty about that stream of federal support.

4

Medicaid and CHIP eligibility checks get tighter

Federal Medicaid and CHIP funding would be barred for enrollees without verified citizenship, nationality, or satisfactory immigration status beginning in 2026 under the bill.

5

Exchange plans face new coverage limits

The bill says exchange plans could not treat gender-transition procedures as an essential health benefit beginning in 2027, subject to exceptions written into the legislation.

6

Federal Medicaid funding for specified procedures is restricted

Federal Medicaid and CHIP funds could not be used for specified gender-transition procedures, except in the limited circumstances listed by the bill.

Who benefits from S. 3386?

Marketplace shoppers willing to trade benefits for lower premiums

If you buy your own coverage and can accept a bronze or catastrophic plan, S. 3386 could pair a lower monthly premium with tax-free HSA deposits worth up to $12,000 or $18,000 a year.

Adults ages 50 to 64 in the individual market

Older pre-Medicare adults eligible under the bill would get the larger monthly deposit — $1,500 a month — which could help cover out-of-pocket costs before age 65.

Insurers participating in ACA exchanges

Permanent funding for cost-sharing reduction payments would reduce uncertainty around a major exchange payment stream.

States that qualify for the new expansion match

Certain states identified by the bill would receive an 80% Medicaid expansion match beginning in 2027.

Who is affected by S. 3386?

People who need more comprehensive marketplace coverage

You could see more lower-premium plan options, but those plans may come with thinner benefits and higher exposure to out-of-pocket costs.

Medicaid and CHIP applicants without verified status

States would lose federal matching funds for coverage if enrollees do not have verified citizenship, nationality, or satisfactory immigration status under the bill's standards.

People seeking gender-transition coverage through exchange plans

Exchange plans could no longer count those procedures as an essential health benefit, which could change what plans must cover.

State Medicaid and CHIP programs

States would have to adjust eligibility verification, funding practices, and coverage policies to comply with the bill's new federal rules.

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On the Record

What Congress Is Saying

S. 3386 has come up 7 times in the Congressional Record so far.

S. 3386 also appeared in 2 more Senate floor references and 1 routine cosponsor filing.

S3386 Legislative Journey

3 actions

Floor Action

Dec 11, 2025

Motion to proceed to measure considered in Senate. (CR S8643)

Action Taken

Dec 9, 2025

Motion to proceed to consideration of measure withdrawn in Senate.

Introduced

Dec 8, 2025

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (Legislative Day December 4, 2025).

+2 more actions this day

About the Sponsor

Mike Crapo

Mike Crapo

Republican, ID · 33 years in Congress

Committees: Finance, Joint Committee on Taxation, Banking, Housing, and Urban Affairs

View full profile →

Cosponsors (1)

This bill has 1 cosponsor: 1 Republican. Cosponsors represent 1 state: Louisiana.

1Republican·1 state

What laws does S. 3386 change?

5 changes

Full Text

Sections Amended

Section 223 of Internal Revenue Code of 1986

adding at the end the following new subsection: ``(i) Exchange Plan HSAs

Section 223(b) of Internal Revenue Code of 1986

striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the aggregate amount contributed to an Exchange plan HSA pursuant to section 102(a) of the Health Care Freedom for Patients Act of 2025 which is excludable from the taxpayer's gross income for the taxable year under section 102(f) of such Act (and such amount shall not be allowed as a deduction under subsection (a))

Section 1402 of Patient Protection and Affordable Care Act (42 U.S.C. 18071)

adding at the end the following: ``(h) Funding

Section 1304 of Patient Protection and Affordable Care Act (42 U.S.C. 18024)

adding at the end the following new subsection: ``(f) Gender Transition Procedure

Section 1905 of Social Security Act (42 U.S.C. 1396d)

adding at the end the following new subsection: ``(ll) Specified Gender Transition Procedures

S. 3386 Common Questions

How much money would you get in the new HSA?

S. 3386 would deposit $1,000 a month for eligible adults ages 18 to 49 and $1,500 a month for ages 50 to 64. That's up to $12,000 or $18,000 a year in 2026 and 2027.

Who qualifies for the marketplace HSA payments?

You'd need to be 18 to 64, enrolled in a bronze or catastrophic exchange plan, eligible for an HSA, and have household income at or below 700% of the poverty line.

Would the HSA deposits be taxed?

No. S. 3386 says the federal HSA deposits would not be included in your gross income, so the payments would be tax-free.

Would this bill let more people buy catastrophic health plans?

Yes. Starting in 2027, S. 3386 would allow catastrophic plans to be sold more broadly in the individual market, expanding access to lower-premium coverage.

Does S. 3386 change Medicaid and CHIP eligibility rules?

Yes. The bill would bar federal Medicaid and CHIP funding for enrollees without verified citizenship, nationality, or satisfactory immigration status starting in 2026.

Does the bill restrict gender-transition coverage on ACA plans?

Yes. S. 3386 says exchange plans could not treat gender-transition procedures as an essential health benefit beginning in 2027, with exceptions listed in the bill.

Would federal Medicaid or CHIP money still cover those procedures?

Generally no. S. 3386 would prohibit federal Medicaid and CHIP funding for specified gender-transition procedures, except in limited cases described by the bill.

Is S. 3386 likely to pass soon?

Not right now. The Senate failed to invoke cloture on the motion to proceed by a 51-48 vote, so the bill could not move to floor debate.

Based on S. 3386 bill text

S. 3386 Bill Text

To provide a health savings account contribution to certain enrollees, to reduce health care costs, and for other purposes.

Source: U.S. Government Publishing Office

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