Healthcare Freedom and Fairness Act

This legislation amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow specific entities, designated as "health marketplace pools," to be considered employers for the purpose of offering group health plans or group health insurance coverage. These pools are intended to form risk pools and are prohibited from conditioning membership on any health status-related factor. The bill establishes detailed requirements for these pools, mandating that they make group health plans or insurance available to all members, their employees, and dependents. Coverage rates may vary, and the pools must offer the same coverage options to all members, subject to certain limitations like service areas. A significant provision allows these pools to offer prescription or nonprescription drug coverage as the only benefit provided by a plan or coverage. Health marketplace pools can assume risk either by contracting with a health insurance issuer or through self-insurance. The bill also clarifies that being part of or facilitating these plans does not establish an employer or joint employer relationship for any purpose beyond offering the group health plan or insurance. Conforming amendments ensure that membership in such a pool does not, by itself, make a person a fiduciary under ERISA.