Bill > HR2868

This bill amends the Employee Retirement Income Security Act (ERISA) to clarify the treatment of certain association health plans (AHPs) as employers. The key provisions of the bill are: 1. It defines the criteria for a group or association of employers to be treated as an "employer" for the purposes of establishing and maintaining an employee welfare benefit plan that is a group health plan, including requirements around the size, composition, and governance of the group or association. 2. It allows AHPs to set premium rates using a modified community rating methodology and to adjust contribution rates based on the specific risk profile of each employer member. 3. It prohibits AHPs from discriminating or denying coverage based on health status-related factors, consistent with existing nondiscrimination rules under ERISA and the Public Health Service Act. 4. It clarifies that AHPs are still subject to the requirements of ERISA's Part 7, including the provisions of the Public Health Service Act that are incorporated by reference. The overall intent of the bill is to expand access to group health coverage by making it easier for small businesses and self-employed individuals to band together and form AHPs, while still maintaining certain consumer protections.

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https://www.congress.gov/bill/118th-congress/house-bill/2868/all-info