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Employer Health Plan Flexibility Act

USA119th CongressHR-9798| House 
| Updated: 7/21/2026
Rick W. Allen

Rick W. Allen

Republican Representative

Georgia

Energy and Commerce Committee, Education and Workforce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to provide flexibility for employer-sponsored group health plans by exempting those governed by the Employee Retirement Income Security Act of 1974 (ERISA) from the Affordable Care Act's (ACA) Essential Health Benefits (EHB) requirements. It amends both ERISA and the Public Health Service Act to explicitly remove the federal mandate for these specific plans to cover EHBs, directing the Secretary of Health and Human Services to update regulations accordingly. While granting this exemption, the bill carefully preserves several other crucial federal protections and requirements. These include compliance with the portability and nondiscrimination provisions of HIPAA the Mental Health Parity and Addiction Equity Act COBRA ERISA fiduciary duties Internal Revenue Code requirements federal nondiscrimination requirements preventive services requirements . This ensures that a broad range of consumer protections remain in place. To maintain transparency, plans utilizing this exemption must annually provide participants with a notice detailing covered benefits, identifying any Essential Health Benefits not covered, and explaining cost-sharing. The legislation clarifies that employers can still voluntarily offer all or some EHBs and that existing ERISA preemption and state insurance regulation are largely unaffected. These changes will apply to plan years beginning on or after January 1, 2028.
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Timeline
Jul 21, 2026
Introduced in House
Jul 21, 2026
Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, 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.
  • July 21, 2026
    Introduced in House


  • July 21, 2026
    Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, 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.

Health

Employer Health Plan Flexibility Act

USA119th CongressHR-9798| House 
| Updated: 7/21/2026
This legislation aims to provide flexibility for employer-sponsored group health plans by exempting those governed by the Employee Retirement Income Security Act of 1974 (ERISA) from the Affordable Care Act's (ACA) Essential Health Benefits (EHB) requirements. It amends both ERISA and the Public Health Service Act to explicitly remove the federal mandate for these specific plans to cover EHBs, directing the Secretary of Health and Human Services to update regulations accordingly. While granting this exemption, the bill carefully preserves several other crucial federal protections and requirements. These include compliance with the portability and nondiscrimination provisions of HIPAA the Mental Health Parity and Addiction Equity Act COBRA ERISA fiduciary duties Internal Revenue Code requirements federal nondiscrimination requirements preventive services requirements . This ensures that a broad range of consumer protections remain in place. To maintain transparency, plans utilizing this exemption must annually provide participants with a notice detailing covered benefits, identifying any Essential Health Benefits not covered, and explaining cost-sharing. The legislation clarifies that employers can still voluntarily offer all or some EHBs and that existing ERISA preemption and state insurance regulation are largely unaffected. These changes will apply to plan years beginning on or after January 1, 2028.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 21, 2026
Introduced in House
Jul 21, 2026
Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, 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.
  • July 21, 2026
    Introduced in House


  • July 21, 2026
    Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, 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.
Rick W. Allen

Rick W. Allen

Republican Representative

Georgia

Energy and Commerce Committee, Education and Workforce Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted