Healthcare Freedom and Fairness Act
- Bill Number
- H.R. 9081
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-05-29: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-06-30T15:14:16Z
AI-Generated Summary
Healthcare Freedom and Fairness Act H.R. 9081
Purpose
This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow certain entities called health marketplace pools to be treated as employers. The goal is to enable these pools to offer group health plans or group health insurance coverage, including plans that cover only prescription or nonprescription drugs.
Key Provisions
- Definition of Employer: Amends ERISA section 3(5) to deem health marketplace pools as employers for the purpose of offering group health coverage.
- New Section 736: Establishes rules for health marketplace pools, requiring them to:
- Form in good faith to create a risk pool.
- Avoid conditioning membership on health status-related factors.
- Offer coverage to all members at rates that may vary by policy, subject to existing nondiscrimination rules.
- Provide coverage through a health insurance issuer or via self-insurance.
- Allow drug-only coverage as the sole benefit.
- Permit administrative services such as billing and enrollment.
- Membership and Enrollment: Defines eligible members as individuals, employees of member entities, or their dependents, with consistent enrollment rules that do not consider health status.
- Employer Status Protections: Participation does not create an employer or joint employer relationship under other federal or state laws.
- Conforming Amendments: Updates ERISA definitions for "employee," "fiduciary," and "employee benefit plan" to align with the new pool structure.
Significant Changes to Existing Law
The bill expands the ERISA definition of "employer" to include non-traditional entities that form health marketplace pools. It introduces explicit permission for drug-only group coverage and clarifies that pool participation does not trigger broader employer liabilities or fiduciary duties for members.
Potential Impacts
- Government Agencies: The Department of Labor, which oversees ERISA, may see increased oversight of new pool structures, though no new agencies are created.
- Citizens: Individuals and small employers could gain access to group health coverage options previously unavailable under ERISA rules.
- International Relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- Individuals and employers seeking group health coverage.
- Health insurance issuers contracting with pools.
- Existing ERISA-regulated plans and their administrators.
- State insurance regulators, due to interactions with state laws on coverage and dependents.
Notable Legal, Constitutional, or Political Implications
The bill modifies ERISA's framework for group health plans without altering core nondiscrimination requirements under sections 701 and 702. It explicitly limits the legal consequences of pool participation to coverage offering only, which may affect how courts interpret employer status in other contexts. No constitutional issues are addressed in the text.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Van Duyne, Beth [R-TX-24]
Recent Actions
- 2026-05-29: Referred to the House Committee on Education and Workforce.
- 2026-05-29: Introduced in House
- 2026-05-29: Introduced in House
Bill Versions
- Healthcare Freedom and Fairness Act — issued 2026-05-29 — PDF (11 pages)