Title: Employee Fairness and Relief Act of 2017
Policy area: Health

Summary:
Employee Fairness and Relief Act of 2017
This bill permits a health insurer that had in effect health insurance coverage in the small group market in 2013 to offer that coverage outside of health insurance exchanges. That coverage is treated as a grandfathered health plan and thus fulfills an individual's requirement to maintain minimum essential coverage.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 661 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 661

  To authorize health insurance issuers to offer for sale previously 
   available health insurance coverage in the small group market in 
    satisfaction of the minimum essential health insurance coverage 
                  requirement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2017

 Mr. Guthrie introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, 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 authorize health insurance issuers to offer for sale previously 
   available health insurance coverage in the small group market in 
    satisfaction of the minimum essential health insurance coverage 
                  requirement, and for other purposes.

    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 ``Employee Fairness and Relief Act of 
2017''.

SEC. 2. PERMITTING CONTINUED OFFERING OF PRE-ACA HEALTH INSURANCE 
              COVERAGE IN THE SMALL GROUP MARKET.

    (a) In General.--Notwithstanding any provision of the Patient 
Protection and Affordable Care Act (including any amendment made by 
such Act or by the Health Care and Education Reconciliation Act of 
2010), a health insurance issuer that has in effect health insurance 
coverage in the small group market on any date during 2013 may offer 
such coverage for sale on or after the date of the enactment of this 
Act in such market outside of an Exchange established under section 
1311 or 1321 of such Act (42 U.S.C. 18031, 18041). Such a group health 
plan shall not be treated as not complying with the requirements of 
such Act (or the amendments made by such Acts) insofar as it provides 
health benefits through health insurance coverage that is permitted 
under the previous sentence.
    (b) Treatment as Grandfathered Health Plan in Satisfaction of 
Minimum Essential Coverage.--Health insurance coverage described in 
subsection (a) shall be treated as a grandfathered health plan for 
purposes of the amendment made by section 1501(b) of the Patient 
Protection and Affordable Care Act.
    (c) Construction.--Nothing in this section shall be construed as 
affecting the authority of States with respect to the regulation of 
health insurance coverage in the small group market.
    (d) Small Group Market Defined.--In this section, the term ``small 
group market'' has the meaning given such term in section 2791(e)(5) of 
the Public Health Service Act (42 U.S.C. 300gg-91(e)(5)).
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