Healthcare Freedom and Fairness Act
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Overview
The Healthcare Freedom and Fairness Act amends the Employee Retirement Income Security Act (ERISA) to allow health marketplace pools to be treated as employers for purposes of offering group health plans or insurance coverage. This means these pools, which are formed to provide health benefits, would be subject to certain ERISA regulations. The bill aims to clarify the definition of ‘employer’ under ERISA to include these pools that meet specific criteria, such as not conditioning membership on health status and offering coverage consistently to all members.
Key provisions
- Designates health marketplace pools as employers under ERISA for offering group health plans or insurance.
- Establishes requirements for health marketplace pools, including good faith formation and non-discrimination in membership.
- Allows health marketplace pools to offer drug coverage, including over-the-counter medications, as a standalone benefit.
- Permits health marketplace pools to provide administrative services to members.
- Defines eligibility for membership in a health marketplace pool, including employees and dependents of members.
- Clarifies that participation in a health marketplace pool does not create an employer or joint employer relationship.
- Includes provisions regarding the definition of ‘dependent’ for purposes of group health plans.
- Makes conforming amendments to ERISA to reflect the changes regarding health marketplace pools.
Who is affected
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