H.R. 2813House118th Congress (2023-2025)In Committee

Self-Insurance Protection Act

Sponsored by Bob GoodRep. Bob Good (R-VA)
Introduced April 25, 2023

AI-Generated Summary

Updated January 20, 2026 at 6:36 AM UTC

The Self‑Insurance Protection Act changes federal law so that certain stop‑loss insurance bought by employers who run self‑funded group health plans is no longer treated as health‑insurance coverage. This lets those employers use stop‑loss policies to protect against unusually large medical claims without running afoul of ERISA rules. The change mainly affects employers that self‑insure their health plans, the insurers that sell stop‑loss policies, and state regulators of insurance.

Key Provisions

  • Amends ERISA’s definition of “health insurance coverage” to specifically exclude stop‑loss policies purchased by self‑insured group health plan sponsors to reimburse them for losses above a set limit.
  • Adds a provision that ERISA preempts any state law that would stop a group health plan from using stop‑loss insurance to guard against excess or unexpected claim losses.

Legislative Activity

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9 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

December 17, 2024

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HouseIntro Referral

Introduced in House

April 25, 2023

HouseIntro Referral

Referred to the Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

April 25, 2023

HouseCommittee

Referred to the Subcommittee on Health.

April 28, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 6, 2023

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 18.

June 6, 2023

HouseCommittee

Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-114, Part I.

June 20, 2023

HouseCommittee

Committee on Energy and Commerce discharged.

June 20, 2023

HouseCommittee

Committee on Ways and Means discharged.

June 20, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 88.

June 20, 2023

HouseCommittee

Referred to the Subcommittee on Health.

December 17, 2024

Floor Debate

10 members

What members said about H.R. 2813 on the floor

4 Republicans6 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 21, 2023

Mr. Speaker, I thank the gentleman from Texas for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Republicans are in charge of the House of…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jun 21, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 524 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jun 21, 2023

Mr. Speaker, I rise in opposition to H.J. Res. 45, and I yield myself such time as I may consume. Mr. Speaker, 43 million Americans are eligible for President Biden's student loan relief. That is…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jun 21, 2023

Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentleman from Virginia (Mr. Scott), the ranking member of the Committee on Education and the Workforce, pending…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 21, 2023

Mr. Speaker, I am appreciative of the courtesies of the chairwoman and the courtesies of the ranking member because I am a recipient of student loans. As we proceed, the minimal amount that each…

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Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jun 21, 2023

Mr. Speaker, I too rise in opposition to the rule and the underlying bills. As our ranking member pointed out, these bills do nothing to solve the problems that Americans are asking us to face. For…

Bob Good
Rep. Bob GoodR-VA-5 · Jun 21, 2023

Mr. Speaker, 2 weeks ago, President Biden ignored the will of this Congress and issued a veto message of my resolution, which would have nullified his reckless, unconstitutional, immoral student loan…

Eric Sorensen
Rep. Eric SorensenD-IL-17 · Jun 21, 2023

Mr. Speaker, I stand today in strong support of Social Security and the invaluable role that it plays in the lives of more than 2.2 million people in Illinois and over 150,000 of our neighbors and…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Jun 21, 2023

Mr. Speaker, five counties in my district have declared a state of emergency in response to the influx of migrants since title 42 ended. These five counties didn't declare a state of emergency out of…

Frederica S. Wilson
Rep. Frederica S. WilsonD-FL-24 · Jun 21, 2023

Mr. Speaker, I rise in opposition to MAGA Republicans' attempts to override the President's veto and kill his student debt relief plan for millions of Americans. It is the height of hypocrisy. Listen…

Bill Text

2 versions available

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Latest
Reported in HouseIssued June 20, 2023

IB

Union Calendar No. 88

118th CONGRESS

1st Session

H. R. 2813

[Report No. 118–114, Part I]

IN THE HOUSE OF REPRESENTATIVES

April 25, 2023

Mr. Good of Virginia (for himself and Mr. Walberg) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

June 20, 2023

Additional sponsor: Mr. Smucker

June 20, 2023

Reported from the Committee on Education and the Workforce with an amendment

Strike out all after the enacting clause and insert the part printed in italic


June 20, 2023

Committees on Energy and Commerce and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on April 25, 2023

A BILL

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans, and for other purposes.


1.

Short title

This Act may be cited as the Self-Insurance Protection Act.

2.

Findings

Congress finds the following:

(1)

Small and large employers offer health benefit plan coverage to employees in self-funded arrangements using company assets or a fund, or by paying premiums to purchase fully-insured coverage from a health insurance company.

(2)

Employers that self-fund health benefit plans will often purchase stop-loss insurance as a financial risk management tool to protect against excess or unexpected catastrophic health plan claims losses that arise above projected costs paid out of company assets.

(3)

Stop-loss coverage insures the employer sponsoring the health benefit plan against unforeseen health plan claims, does not insure the employee health benefit plan itself, and does not pay health care providers for medical services provided to the employees.

(4)

Employer-sponsored health benefit plans are regulated under the Employee Retirement Income Security Act of 1974, however, States regulate the availability and the coverage terms of stop-loss insurance coverage that employers purchase to protect company assets and to protect a fund against excess or unexpected claims losses.

(5)

Both large and small employers that choose to self-fund must also be able to protect company assets or a fund against excess or unexpected claims losses and States must reasonably regulate stop-loss insurance to assure its availability to both large and small employers.

3.

Certain medical stop-loss insurance obtained by certain plan sponsors of group health plans not included under the definition of health insurance coverage

Section 733(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)(1)) is amended by adding at the end the following sentence: Such term shall not include a stop-loss policy obtained by a self-insured group health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop-loss policy obtained by such plan or sponsor..

4.

Effect on other laws

Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following:

(10)

The provisions of this title (including part 7 relating to group health plans) shall preempt State laws insofar as they may now or hereafter prevent an employee benefit plan that is a group health plan from insuring against the risk of excess or unexpected health plan claims losses.

.

Amend the title so as to read: A bill to amend the Employee Retirement Income Security Act of 1974 to exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans, and for other purposes..

June 20, 2023

Reported from the Committee on Education and the Workforce with an amendment

June 20, 2023

Committees on Energy and Commerce and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed