IB 
Union Calendar No. 356 
119TH CONGRESS 
1ST SESSION H. R. 2571 
[Report No. 119–408] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2025 
Mr. ONDER introduced the following bill; which was referred to the Committee 
on Education and Workforce 
DECEMBER 15, 2025 
Additional sponsors: Mr. MESSMER and Mr. GROTHMAN 
DECEMBER 15, 2025 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 1, 2025] 
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A BILL 
To amend the Employee Retirement Income Security Act 
of 1974 to exclude from the definition of health insur-
ance coverage certain medical stop-loss insurance ob-
tained by certain plan sponsors of group health plans, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Self-Insurance Protec-
tion Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Small and large employers offer health ben-
efit plan coverage to employees in self-funded arrange-
ments 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 un-
expected catastrophic health plan claims losses that 
arise above projected costs paid out of company as-
sets. 
(3) Stop-loss coverage insures the employer spon-
soring 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. 
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(4) Employer-sponsored health benefit plans are 
regulated under the Employee Retirement Income Se-
curity Act of 1974. 
(5) 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 from excess or unexpected claims losses. 
(6) Both large and small employers that choose 
to self-fund must also be able to protect company as-
sets 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. 
SEC. 3. CERTAIN MEDICAL STOP-LOSS INSURANCE OB-
TAINED BY CERTAIN PLAN SPONSORS OF 
GROUP 
HEALTH 
PLANS 
NOT 
INCLUDED 
UNDER THE DEFINITION OF HEALTH INSUR-
ANCE 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-in-
sured group health plan or a plan sponsor of a group health 
plan that self-insures the health risks of its plan partici-
pants to reimburse the plan or sponsor for losses that the 
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plan or sponsor incurs in providing health or medical bene-
fits to such plan participants in excess of a predetermined 
level set forth in the stop-loss policy obtained by such plan 
or sponsor.’’. 
SEC. 4. EFFECT ON OTHER LAWS. 
Section 514(b) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1144(b)) is amended by add-
ing at the end the following: 
‘‘(10) The provisions of this title (including part 7 re-
lating to group health plans) shall preempt State laws inso-
far as they may now or hereafter prevent an employee ben-
efit plan that is a group health plan from insuring against 
the risk of excess or unexpected health plan claims losses.’’. 
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Union Calendar No. 356 
119TH CONGRESS 
1ST SESSION 
H. R. 2571 
[Report No. 119–408] 
A BILL 
To amend the Employee Retirement Income Secu-
rity 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. 
DECEMBER 15, 2025 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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