IB 
115TH CONGRESS 
1ST SESSION H. R. 1304 
[Report No. 115–53, Part I] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2017 
Mr. ROE of Tennessee (for himself and Mr. WALBERG) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Ways and Means, and Edu-
cation and the Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
MARCH 20, 2017 
Additional sponsors: Mr. MITCHELL, Ms. STEFANIK, Mr. SESSIONS, Mr. 
FLORES, and Mr. MESSER 
MARCH 20, 2017 
Reported from the Committee on Education and the Workforce with an 
amendment 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 March 2, 2017] 
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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. 
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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. 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. 
(a) ERISA.—Section 733(b)(1) of the Employee Re-
tirement 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 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 ob-
tained by such plan or sponsor.’’. 
(b) PHSA.—Section 2791(b)(1) of the Public Health 
Service Act (42 U.S.C. 300gg–91(b)(1)) is amended by add-
ing at the end the following new sentence: ‘‘Such term shall 
not include a stop-loss policy obtained by a self-insured 
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health plan or a plan sponsor of a group health plan that 
self-insures the health risks of its plan participants to reim-
burse 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.’’. 
(c) IRC.—Section 9832(b)(1)(A) of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new sentence: ‘‘Such term shall not include a stop- 
loss policy obtained by a self-insured 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 spon-
sor for losses that the plan or sponsor incurs in providing 
health or medical benefits to such plan participants in ex-
cess of a predetermined level set forth in the stop-loss policy 
obtained by such plan or sponsor.’’. 
Æ 
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