Title: Self-Insurance Protection Act
Policy area: Health

Summary:
Self-Insurance Protection Act
This bill amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to exclude from the definition of "health insurance coverage" a stop-loss policy obtained by a self-insured health plan or a sponsor of a self-insured group health plan to reimburse the plan or sponsor for losses incurred in providing health benefits to plan participants in excess of a level set forth in the stop-loss policy.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1304 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1304

   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 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committees on Ways and Means, and 
Education and the Workforce, 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

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. CERTAIN MEDICAL STOP-LOSS INSURANCE OBTAINED BY CERTAIN PLAN 
              SPONSORS OF GROUP HEALTH PLANS NOT INCLUDED UNDER THE 
              DEFINITION OF HEALTH INSURANCE COVERAGE.

    (a) ERISA.--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 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 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.''.
    (b) PHSA.--Section 2791(b)(1) of the Public Health Service Act (42 
U.S.C. 300gg-91(b)(1)) 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 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 Revenue 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 
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.''.
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