Us Congress 2023-2024 Regular Session

Us Congress House Bill HB2868

Introduced
4/25/23  
Refer
4/25/23  

Caption

Association Health Plans Act

Impact

If enacted, the bill would allow various groups or associations to provide health insurance benefits as a single employer, potentially increasing the availability of health plans for small businesses and self-employed individuals. The legislation stipulates that these plans must adhere to specific non-discrimination rules regarding health status, ensuring that coverage cannot be denied based on pre-existing conditions or health status-related factors. This clarification allows association plans to pool risks among members, which proponents argue can lead to lower premiums and improved access to healthcare.

Summary

House Bill 2868, known as the Association Health Plans Act, seeks to amend the Employee Retirement Income Security Act (ERISA) of 1974 by clarifying the treatment of certain groups or associations of employers as 'employers' for purposes related to employee welfare benefit plans. The bill facilitates the establishment of association health plans that can offer health coverage to members regardless of their industry or profession, provided certain conditions are met. This aims to expand access to health insurance for small businesses and self-employed individuals who may otherwise struggle to secure affordable health coverage.

Sentiment

The general sentiment around HB 2868 is mixed, reflecting both optimism and skepticism. Supporters view the bill as a means to enhance insurance options for small businesses and self-employed workers, advocating that the flexibility offered to associations could improve health outcomes by allowing smaller employer groups to band together. Conversely, critics express concerns about the potential deregulation of health insurance standards in association plans, fearing that this could lead to the erosion of protections established for individual market consumers and unjustified discrimination in health coverage pricing.

Contention

Notable points of contention revolve around the bill's implications for insurance regulation and consumer protections. Opponents argue that while the intent is to broaden access, the actual outcomes may lead to reduced compliance with existing federal and state health insurance laws. Critics also worry about the possibility of association plans prioritizing profit over equitable health coverage, raising alarms that self-employed and small business employees could be subjected to higher premiums or lower quality coverage. The debate encapsulates broader tensions between providing flexible insurance solutions and maintaining stringent health insurance standards to protect consumers.

Companion Bills

US HB3799

Related CHOICE Arrangement Act Custom Health Option and Individual Care Expense Arrangement Act

US SB3167

Related MEWA Act Multiple Employer Welfare Arrangement Act

Similar Bills

US SB1187

Fairness to Freedom Act of 2023

US HB2697

Fairness to Freedom Act of 2023

US SB885

Department of Homeland Security Civilian Cybersecurity Reserve Act

US SB2785

Higher Wages for American Workers Act of 2023

US HB319

Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.

US HB3481

FAMILY Act Family and Medical Insurance Leave Act

US SB1714

FAMILY Act Family and Medical Insurance Leave Act

US SB1655

Medicare for All Act