H.R. 3799House118th Congress (2023-2025)Passed House

CHOICE Arrangement Act

Sponsored by Kevin HernRep. Kevin Hern (R-OK)
Introduced June 5, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:24 AM UTC

The CHOICE Arrangement Act amends the Internal Revenue Code and related statutes to create new rules for association health plans and custom health reimbursement arrangements that work with individual insurance, protect stop‑loss insurance for self‑funded plans, require the Treasury to inform small employers about flexible health benefits, and adjust funding for the Prevention and Public Health Fund. It primarily affects employers (including groups of employers and self‑employed individuals), their employees, and health‑plan sponsors.

Key Provisions

  • Treats a group or association of employers (and self‑employed individuals) as a single "employer" for group health‑plan purposes if they meet size, age, and governance criteria
  • Allows association plans to use community‑rating base premiums and adjust contributions for each employer member; self‑employed‑only groups must pool risk and charge a uniform rate
  • Prohibits discrimination based on health status, pre‑existing conditions, or unequal premium contributions for these association plans
  • Creates "custom health option and individual care expense arrangements" (a type of health reimbursement arrangement) that can be paired with individual health insurance and must meet nondiscrimination, substantiation, and notice requirements
  • Sets notice rules so employees receive clear written information about the arrangement at least 90 days before the plan year, with flexibility for new hires and recent employers
  • Clarifies that stop‑loss insurance bought by self‑insured group health plans is not health insurance coverage and preempts state laws that would block such insurance
  • Requires the Secretary of the Treasury to notify employers, especially small and rural businesses, about tax‑advantaged flexible health benefits within one year of enactment
  • Adjusts the Prevention and Public Health Fund allocation to $1.055 billion for FY 2024 and $1.3 billion for FY 2025

Legislative Activity

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31 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

June 21, 2023 • 6:39 PM

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HouseIntro Referral

Introduced in House

June 5, 2023

HouseIntro Referral

Referred to the House Committee on Ways and Means.

June 5, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

June 7, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 25 - 18.

June 7, 2023

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-107.

June 12, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 83.

June 12, 2023

HouseFloor

Rules Committee Resolution H. Res. 524 Reported to House. Rule provides for consideration of H.R. 3564, H.R. 3799 and H. Res. 461. The resolution provides for consideration of H.R. 3564 under a structured rule with one hour of general debate; H.R. 3799 under a structured rule with eighty minutes of general debate; and H.Res. 461, under a closed rule with one hour of general debate. The resolution provides for a motion to recommit on H.R. 3564 and H.R. 3799.

June 20, 2023 • 8:24 PM

HouseFloor

Considered under the provisions of rule H. Res. 524. (consideration: CR H3022-3036)

June 21, 2023 • 3:23 PM

HouseFloor

Rule provides for consideration of H.R. 3564, H.R. 3799 and H. Res. 461. The resolution provides for consideration of H.R. 3564 under a structured rule with one hour of general debate; H.R. 3799 under a structured rule with eighty minutes of general debate; and H.Res. 461, under a closed rule with one hour of general debate. The resolution provides for a motion to recommit on H.R. 3564 and H.R. 3799.

June 21, 2023 • 3:24 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 524 and Rule XVIII.

June 21, 2023 • 3:24 PM

HouseFloor

The Speaker designated the Honorable Eric A. "Rick" Crawford to act as Chairman of the Committee.

June 21, 2023 • 3:24 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with eighty minutes of general debate on H.R. 3799.

June 21, 2023 • 3:24 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Hayes amendment No. 1.

June 21, 2023 • 4:35 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Hayes amendment No. 1, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mrs. Hayes demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 21, 2023 • 4:46 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Molinaro amendment No. 2.

June 21, 2023 • 4:48 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Molinaro amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced the ayes had prevailed. Mr. Doggett demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 21, 2023 • 4:55 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 3.

June 21, 2023 • 4:57 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 3, the Chair put the question on agreeing to the amendment and by voice vote, announced ayes had prevailed. Mr. Doggett demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 21, 2023 • 5:07 PM

HouseFloor

Ms. Foxx moved that the committee rise.

June 21, 2023 • 5:08 PM

HouseFloor

On motion that the committee rise Agreed to by voice vote.

June 21, 2023 • 5:08 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 3799 as unfinished business.

June 21, 2023 • 5:08 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3044-3048)

June 21, 2023 • 6:05 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

June 21, 2023 • 6:05 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3799.

June 21, 2023 • 6:23 PM

HouseFloor

The previous question was ordered pursuant to the rule.

June 21, 2023 • 6:24 PM

HouseFloor

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

June 21, 2023 • 6:24 PM

HouseFloor

Mr. Doggett moved to recommit to the Committee on Ways and Means. (text: CR H3046)

June 21, 2023 • 6:26 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

June 21, 2023 • 6:26 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 209 - 220 (Roll no. 281).

June 21, 2023 • 6:33 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 209 (Roll no. 282).

June 21, 2023 • 6:39 PM

HouseFloor

On passage Passed by the Yeas and Nays: 220 - 209 (Roll no. 282).

June 21, 2023 • 6:39 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 21, 2023 • 6:39 PM

Floor Debate

20 members

What members said about H.R. 3799 on the floor

14 Republicans6 Democrats
Lloyd Doggett
Rep. Lloyd DoggettD-TX-37 · Jun 21, 2023

Mr. Chair, I yield myself such time as I may consume. Millions of Americans are finding the security and the peace of mind that comes from having access to a family physician through the Affordable…

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…

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

Madam Chair, I yield myself such time as I may consume. Madam Chair, the proposals in H.R. 3799 are yet another recycled, futile attempt to sabotage the Affordable Care Act and actually make it…

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…

Show 8 more
Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jun 21, 2023

Madam Chair, I yield myself such time as I may consume. Madam Chair, I rise today to support the House Republican package to alleviate rising healthcare costs for small businesses. I am proud that…

Jason Smith
Rep. Jason SmithR-MO-8 · Jun 21, 2023

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and submit extraneous material on H.R. 3799. Mr. Chair, I yield myself such time as…

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…

Chip Roy
Rep. Chip RoyR-TX-21 · Jun 21, 2023

Madam Chair, I have an amendment at the desk. Madam Chair, I notice that my friend and colleague from Texas talks about the current system discriminating. Well, the current system discriminates…

Doug LaMalfa
Rep. Doug LaMalfaR-CA-1 · Jun 21, 2023

Mr. Speaker, talking on the issue of a campaign being used for buying votes, the President back in his 2020 campaign promised to cancel up to $10,000 of Federal student loan debt per borrower. Of…

Jefferson Van Drew
Rep. Jefferson Van DrewR-NJ-2 · Jun 21, 2023

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of my Special Order. Mr. Speaker, I…

Kevin Hern
Rep. Kevin HernR-OK-1 · Jun 21, 2023

Mr. Chairman, as a small business owner and job creator for over the past 35 years, I offered healthcare plans to my employees and worked with them to find the best coverage for their families. I…

Jahana Hayes
Rep. Jahana HayesD-CT-5 · Jun 21, 2023

Madam Chair, I have an amendment at the desk. Madam Chair, I yield myself such time as I may consume. Madam Chair, I rise in support of my amendment to the CHOICE Arrangement Act. This bill, as…

Show 11 more
Bob Good
Rep. Bob GoodR-VA-5 · Jun 21, 2023

Madam Chair, I rise in support of the CHOICE Arrangement Act because it charts a course for Americans to take charge of their healthcare. This bill includes several important provisions, including…

Lloyd Smucker
Rep. Lloyd SmuckerR-PA-11 · Jun 21, 2023

Mr. Chairman, I rise in support of H.R. 3799. The comments by Mr. Doggett and others would make you think it is an entirely different bill. There is nothing in this bill that would change coverage…

Tim Walberg
Rep. Tim WalbergR-MI-5 · Jun 21, 2023

Madam Chair, I rise in support of H.R. 3799, the CHOICE Arrangement Act. I thank both the Ways and Means Committee and the Committee on Education and the Workforce for their hard work in bringing…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 23, 2023

Madam Chair, I rise today in strong opposition to H.R. 3799, which makes two substantial changes to health coverage policy, both of which are very harmful to workers. H.R. 3799 aims to codify a Trump…

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…

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…

Rick W. Allen
Rep. Rick W. AllenR-GA-12 · Jun 21, 2023

Madam Chair, I rise today to urge a vote in support of the CHOICE Arrangement Act to enhance the flexibility and affordability of healthcare options for small businesses. Competition is the only way…

Mariannette Miller-Meeks
Rep. Mariannette Miller-MeeksR-IA-1 · Jun 21, 2023

Mr. Speaker, I thank my colleague, Representative Van Drew, for yielding me time. Mr. Speaker, I rise in support of H.R. 3799, the CHOICE Arrangement Act, which we just voted on tonight. According to…

A. Drew Ferguson IV
Rep. A. Drew Ferguson IVR-GA-3 · Jun 22, 2023

Madam Chair, I rise in support of H.R. 3799, the CHOICE Arrangement Act. According to research by NFIB, small businesses have ranked the cost of health insurance as their number one problem for 32…

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…

Jay Obernolte
Rep. Jay ObernolteR-CA-23 · Jun 21, 2023

Mr. Speaker, this week, our House Armed Services Committee is continuing the critical process of crafting the National Defense Authorization Act for Fiscal Year 2024. This important piece of…

Bill Text

3 versions available

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Latest
Engrossed in HouseIssued June 21, 2023

118th CONGRESS

1st Session

H. R. 3799

AN ACT

To amend the Internal Revenue Code of 1986 to provide for health reimbursement arrangements integrated with individual health insurance coverage.

I

Association Health Plans Act

101.

Short title

This title may be cited as the Association Health Plans Act.

102.

Treatment of group or association of employers

(a)

In general

Section 3(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(5)) is amended—

(1)

by striking The term and inserting (A) The term; and

(2)

by adding at the end the following:

(B)

For purposes of subparagraph (A), a group or association of employers shall be treated as an employer, regardless of whether the employers composing such group or association are in the same industry, trade, or profession, if such group or association—

(i)
(I)

has established and maintains an employee welfare benefit plan that is a group health plan (as defined in section 733(a)(1));

(II)

provides coverage under such plan to at least 51 employees after all of the employees employed by all of the employer members of such group or association have been aggregated and counted together as described in subparagraph (D);

(III)

has been actively in existence for at least 2 years prior to establishing and maintaining an employer welfare benefit plan that is a group health plan (as defined in section 733(a)(1));

(IV)

has been formed and maintained in good faith for purposes other than providing medical care (as defined in section 733(a)(2)) through the purchase of insurance or otherwise;

(V)

does not condition membership in the group or association on any health status-related factor (as described in section 702(a)(1)) relating to any individual;

(VI)

makes coverage under such plan available to all employer members of such group or association regardless of any health status-related factor (as described in section 702(a)(1)) relating to such employer members;

(VII)

does not provide coverage under such plan to any individual other than an employee of an employer member of such group or association;

(VIII)

has established a governing board with by-laws or other similar indications of formality to manage and operate such plan in both form and substance, of which at least 75 percent of the board members shall be made up of employer members of such group or association participating in the plan that are duly elected by each participating employer member casting 1 vote during a scheduled election;

(IX)

is not a health insurance issuer (as defined in section 733(b)(2)), and is not owned or controlled by such a health insurance issuer or by a subsidiary or affiliate of such a health insurance issuer, other than to the extent such a health insurance issuer—

(aa)

may participate in the group or association as a member; and

(bb)

may provide services such as assistance with plan development, marketing, and administrative services to such group or association;

(ii)

meets any set of criteria to qualify for such treatment in an advisory opinion issued by the Secretary prior to the date of enactment of the Association Health Plans Act; or

(iii)

meets any other set of criteria to qualify for such treatment that the Secretary by regulation may provide.

(C)
(i)

For purposes of subparagraph (B), a self-employed individual shall be treated as—

(I)

an employer who may become a member of a group or association of employers;

(II)

an employee who may participate in an employee welfare benefit plan established and maintained by such group or association; and

(III)

a participant of such plan subject to the eligibility determination and monitoring requirements set forth in clause (iii).

(ii)

For purposes of this subparagraph, the term self-employed individual means an individual who—

(I)

does not have any common law employees;

(II)

has an ownership right in a trade or business, regardless of whether such trade or business is incorporated or unincorporated;

(III)

earns wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or self-employment income (as defined in section 1402(b) of such Code) from such trade or business; and

(IV)

works at least 10 hours per week or 40 hours per month providing personal services to such trade or business.

(iii)

The board of a group or association of employers shall—

(I)

initially determine whether an individual meets the requirements under clause (ii) to be considered a self-employed individual for the purposes of being treated as an—

(aa)

employer member of such group or association (in accordance with clause (i)(I)); and

(bb)

employee who may participate in the employee welfare benefit plan established and maintained by such group or association (in accordance with clause (i)(II));

(II)

through reasonable monitoring procedures, periodically determine whether the individual continues to meet such requirements; and

(III)

if the board determines that an individual no longer meets such requirements, not make such plan coverage available to such individual (or dependents thereof) for any plan year following the plan year during which the board makes such determination. If, subsequent to a determination that an individual no longer meets such requirements, such individual furnishes evidence of satisfying such requirements, such individual (and dependents thereof) shall be eligible to receive plan coverage.

(D)

For purposes of subparagraph (B), all of the employees (including self-employed individuals) employed by all of the employer members (including self-employed individuals) of a group or association of employers shall be—

(i)

treated as employed by a single employer; and

(ii)

aggregated and counted together for purposes of any regulation of an employee welfare benefit plan established and maintained by such group or association.

.

(b)

Determination of employer or joint employer status

The provision of employee welfare benefit plan coverage by a group or association of employers shall not be construed as evidence for establishing an employer or joint employer relationship under any Federal or State law.

103.

Rules applicable to group health plans established and maintained by a group or association of employers

Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181, et seq.) is amended by adding at the end the following:

736.

Rules applicable to group health plans established and maintained by a group or association of employers

(a)

Premium rates for a group or association of employers

(1)
(A)

In the case of a group health plan established and maintained by a group or association of employers described in section 3(5)(B), such plan may—

(i)

establish base premium rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all plan participant claims; and

(ii)

utilize the specific risk profile of each employer member of such group or association to determine contribution rates for each such employer member’s share of a premium by actuarially adjusting above or below the established base premium rates.

(B)

For purposes of paragraph (1), the term employer member means—

(i)

an employer who is a member of such group or association of employers and employs at least 1 common law employee; or

(ii)

a group made up solely of self-employed individuals, within which all of the self-employed individual members of such group or association are aggregated together as a single employer member group, provided the group includes at least 20 self-employed individual members.

(2)

In the event a group or association is made up solely of self-employed individuals (and no employers with at least 1 common law employee are members of such group or association), the group health plan established by such group or association shall—

(A)

treat all self-employed individuals who are members of such group or association as a single risk pool;

(B)

pool all plan participant claims; and

(C)

charge each plan participant the same premium rate.

(b)

Discrimination and pre-existing condition protections

A group health plan established and maintained by a group or association of employers described in section 3(5)(B) shall be prohibited from—

(1)

establishing any rule for eligibility (including continued eligibility) of any individual (including an employee of an employer member or a self-employed individual, or a dependent of such employee or self-employed individual) to enroll for benefits under the terms of the plan that discriminates based on any health status-related factor that relates to such individual (consistent with the rules under section 702(a)(1));

(2)

requiring an individual (including an employee of an employer member or a self-employed individual, or a dependent of such employee or self-employed individual), as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan based on any health status-related factor that relates to such individual (consistent with the rules under section 702(b)(1)); and

(3)

denying coverage under such plan on the basis of a pre-existing condition (consistent with the rules under section 2704 of the Public Health Service Act).

.

104.

Rule of construction

Nothing in this title shall be construed to exempt a group health plan which is an employee welfare benefit plan offered through a group or association of employers from the requirements of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et. seq.), including the provisions of part A of title XXVII of the Public Health Service Act as incorporated by reference into this Act through section 715.

II

CHOICE Arrangement Act

201.

Short title

This title may be cited as the Custom Health Option and Individual Care Expense Arrangement Act or the CHOICE Arrangement Act.

202.

Treatment of health reimbursement arrangements integrated with individual market coverage

(a)

In general

Section 9815(b) of the Internal Revenue Code of 1986 is amended—

(1)

by striking Exception.—Notwithstanding subsection (a) and inserting the following:

Exceptions.—

(1)

Self-insured group health plans

Notwithstanding subsection (a)

, and

(2)

by adding at the end the following new paragraph:

(2)

Custom health option and individual care expense arrangements

(A)

In general

For purposes of this subchapter, a custom health option and individual care expense arrangement shall be treated as meeting the requirements of sections 2711 and 2713 of title XXVII of the Public Health Service Act.

(B)

Custom health option and individual care expense arrangements defined

For purposes of this section, the term custom health option and individual care expense arrangement means a health reimbursement arrangement—

(i)

which is an employer-provided group health plan funded solely by employer contributions to provide payments or reimbursements for medical care subject to a maximum fixed dollar amount for a period,

(ii)

under which such payments or reimbursements may only be made for medical care provided during periods during which the individual is covered—

(I)

under individual health insurance coverage (other than coverage that consists solely of excepted benefits), or

(II)

under part A and B of title XVIII of the Social Security Act or part C of such title,

(iii)

which meets the nondiscrimination requirements of subparagraph (C),

(iv)

which meets the substantiation requirements of subparagraph (D), and

(v)

which meets the notice requirements of subparagraph (E).

(C)

Nondiscrimination

(i)

In general

An arrangement meets the requirements of this subparagraph if an employer offering such arrangement to an employee within a specified class of employee—

(I)

offers such arrangement to all employees within such specified class on the same terms, and

(II)

does not offer any other group health plan to any employees within such specified class.

(ii)

Specified class of employee

For purposes of this subparagraph, any of the following may be designated as a specified class of employee:

(I)

Full-time employees.

(II)

Part-time employees.

(III)

Salaried employees.

(IV)

Non-salaried employees.

(V)

Employees whose primary site of employment is in the same rating area.

(VI)

Employees who are included in a unit of employees covered under a collective bargaining agreement to which the employer is subject (determined under rules similar to the rules of section 105(h)).

(VII)

Employees who have not met a group health plan, or health insurance issuer offering group health insurance coverage, waiting period requirement that satisfies the of section 2708 of the Public Health Service Act.

(VIII)

Seasonal employees.

(IX)

Employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2)) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3)).

(X)

Such other classes of employees as the Secretary may designate.

An employer may designate (in such manner as is prescribed by the Secretary) two or more of the classes described in the preceding subclauses as the specified class of employees to which the arrangement is offered for purposes of applying this subparagraph.
(iii)

Special rule for new hires

An employer may designate prospectively so much of a specified class of employees as are hired after a date set by the employer. Such subclass of employees shall be treated as the specified class for purposes of applying clause (i).

(iv)

Rules for determining type of employee

For purposes for clause (ii), any determination of full-time, part-time, or seasonal employment status shall be made under rules similar to the rules of section 105(h) or 4980H, whichever the employer elects for the plan year. Such election shall apply with respect to all employees of the employer for the plan year.

(v)

Permitted variation

For purposes of clause (i)(I), an arrangement shall not fail to be treated as provided on the same terms within a specified class merely because the maximum dollar amount of payments and reimbursements which may be made under the terms of the arrangement for the year with respect to each employee within such class—

(I)

increases as additional dependents of the employee are covered under the arrangement, and

(II)

increases with respect to a participant as the age of the participant increases, but not in excess of an amount equal to 300 percent the lowest maximum dollar amount with respect to such a participant determined without regard to age.

(D)

Substantiation requirements

An arrangement meets the requirements of this subparagraph if the arrangement has reasonable procedures to substantiate—

(i)

that the participant is, or will be, enrolled in coverage described in subparagraph (B)(ii) as of the beginning of the plan year of the arrangement (or as of the beginning of coverage under the arrangement in the case of an employee who first becomes eligible to participate in the arrangement after the date notice is given with respect to the plan under subparagraph (E) (determined without regard to clause (iii) thereof), and

(ii)

any requests made for payment or reimbursement of medical care under the arrangement and that the participant remains so enrolled.

(E)

Notice

(i)

In general

Except as provided in clause (iii), an arrangement meets the requirements of this subparagraph if, under the arrangement, each employee eligible to participate is, not later than 90 days before the beginning of the plan year, given written notice of the employee’s rights and obligations under the arrangement which—

(I)

is sufficiently accurate and comprehensive to appraise the employee of such rights and obligations, and

(II)

is written in a manner calculated to be understood by the average employee eligible to participate.

(ii)

Notice requirements

Such notice shall include such information as the Secretary may by regulation prescribe.

(iii)

Notice deadline for certain employees

In the case of an employee—

(I)

who first becomes eligible to participate in the arrangement after the date notice is given with respect to the plan under clause (i) (determined without regard to this clause), or

(II)

whose employer is first established fewer than 120 days before the beginning of the first plan year of the arrangement,

the requirements of this subparagraph shall be treated as met if the notice required under clause (i) is provided not later than the date the arrangement may take effect with respect to such employee.

.

(b)

No inference

To the extent not inconsistent with the amendments made by this section—

(1)

no inference shall be made from such amendments with respect to the rules prescribed in the Federal Register on June 20, 2019, (84 Fed. Reg. 28888) relating to health reimbursement arrangements and other account-based group health plans, and

(2)

any reference to custom health option and individual care expense arrangements shall for purposes of such rules be treated as including a reference to individual coverage health reimbursement arrangements.

(c)

Effective date

The amendments made by this section shall apply to plan years beginning after December 31, 2023.

III

Self-Insurance Protection Act

301.

Short title

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

302.

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.

303.

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..

304.

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.

.

IV

Small Business Flexibility Act

401.

Short title

This title may be cited as the Small Business Flexibility Act.

402.

Notification of flexible health insurance benefits

(a)

In general

Subchapter C of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

9835.

Notification of flexible health insurance benefits

(a)

In general

Not later than 1 year after the date of enactment of this section, the Secretary shall notify employers of the availability of tax-advantaged flexible health insurance benefits, with an initial focus on small businesses, particularly in rural areas (as defined in section 1393(a)(2)).

(b)

Definitions

In this section:

(1)

Employer

The term employer has the meaning given such term in section 3(5) of the Employee Retirement Income Security Act (29 U.S.C. 1002(5)).

(2)

Flexible health insurance benefits

The term flexible health insurance benefits means—

(A)

an individual contribution health reimbursement arrangement (as described in the rule entitled Health Reimbursement Arrangements and Other Account-Based Group Health Plans (84 Fed. Reg. 28888 (June 20, 2019));

(B)

a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)); and

(C)

the small employer health insurance credit determined under section 45R.

.

(b)

Clerical amendment

The table of sections for subchapter C of chapter 100 of such Code is amended by adding at the end the following new item:

Sec. 9835. Notification of flexible health insurance benefits.

.

V

Rescissions

501.

Prevention and Public Health Fund

Section 4002(b)(7) of the Patient Protection and Affordable Care Act (42 U.S.C. 300u–11(b)(7)) is amended by striking for each of fiscal years 2024 and 2025, $1,300,000,000 and inserting for fiscal year 2024, $1,055,000,000, and for fiscal year 2025, $1,300,000,000.

VI

Sense of Congress that Americans shall have healthcare freedom

601.

Sense of Congress that healthcare freedom is the future

It is the sense of Congress that—

(1)

the future of healthcare lies in healthcare freedom, not in socialized medicine;

(2)

Congress should take steps to address the broken healthcare system by restoring free market practices to lower costs;

(3)

coverage is not care, and expanding direct access to healthcare should be prioritized over expanding access to coverage; and

(4)

patients and doctors, not government bureaucrats or insurance bureaucrats, should make healthcare decisions.

Passed the House of Representatives June 21, 2023.

Clerk.