HR-1101 : Still Just a Bill

Small Business Health Fairness Act of 2017

This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the establishment and governance of association health plans (AHPs), which are group health plans sponsored by business associations.

The bill establishes requirements for AHPs relating to certification, sponsors and boards of trustees, participation and coverage, nondiscrimination, contribution rates, and voluntary termination.

AHPs offering benefits that are not health insurance must: (1) establish and maintain sufficient reserves and stop-loss insurance to cover those benefits, and (2) make annual payments to a fund to be used to pay for stop-loss insurance for such AHPs for which there is a reasonable expectation that claims would not be satisfied without such insurance. AHPs that fail to meet these requirements are subject to termination.

The Department of Labor must establish a Solvency Standards Working Group.

States may tax contributions to AHPs, with certain conditions.

The bill preempts state laws that preclude health insurers from: (1) offering health insurance in connection with a certified AHP; or (2) offering health insurance of the same policy type to other employers in the state that are eligible for coverage under AHPs.

The bill establishes criminal penalties for willfully making false representations regarding an AHP.

Action Timeline

Action DateTypeTextSource
2017-03-23IntroReferralReceived in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.Senate
2017-03-22FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2017-03-22VoteOn passage Passed by recorded vote: 236 - 175 (Roll no. 186).House floor actions
2017-03-22VoteOn motion to recommit with instructions Failed by the Yeas and Nays: 179 - 233 (Roll no. 185).House floor actions
2017-03-22FloorThe previous question on the motion to recommit with instructions was ordered without objection.House floor actions
2017-03-22FloorDEBATE - The House proceeded with 10 minuted of debate on the Shea-Porter motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require plans to provide coverage for substance use disorder treatments, including treatment for opioid use.House floor actions
2017-03-22FloorMs. Shea-Porter moved to recommit with instructions to the Committee on Education and the Workforce. (text: CR H2328)House floor actions
2017-03-22FloorDEBATE - Pursuant to the provisions of H.Res. 210, the House proceeded with 10 minutes of debate on the Herrera Beutler amendment No. 1.House floor actions
2017-03-22FloorDEBATE - The House proceeded with one hour of debate on H.R. 1101.House floor actions
2017-03-22FloorRule provides for consideration of H.R. 1101 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendment is in order.House floor actions
2017-03-22FloorConsidered under the provisions of rule H. Res. 210. (consideration: CR H2312-2330; text of measure as reported in House: CR H2312-2318)House floor actions
2017-03-21FloorRule H. Res. 210 passed House.House floor actions
2017-03-20FloorRules Committee Resolution H. Res. 210 Reported to House. Rule provides for consideration of H.R. 1101 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.House floor actions
2017-03-17CalendarsPlaced on the Union Calendar, Calendar No. 23.House floor actions
2017-03-17CommitteeReported (Amended) by the Committee on Education and the Workforce. H. Rept. 115-43.House floor actions
2017-03-08CommitteeOrdered to be Reported (Amended) by the Yeas and Nays: 22 - 17.House committee actions
2017-03-08CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2017-02-16IntroReferralReferred to the House Committee on Education and the Workforce.House floor actions
2017-02-16IntroReferralIntroduced in HouseLibrary of Congress