This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow certain entities, designated as health marketplace pools , to be deemed an "employer." This reclassification enables these pools to offer group health plans or group health insurance coverage to their members. A key provision allows these plans to include coverage solely for prescription or non-prescription drugs, providing flexibility in benefit offerings. To qualify, a health marketplace pool must be formed in good faith for the purpose of risk pooling and cannot condition membership on any health status-related factor. These pools are required to make group health plans or coverage available to all members, with rates that may vary but must comply with nondiscrimination rules under ERISA sections 701 and 702. They have the option to provide coverage either through contracts with health insurance issuers or by self-insuring. The legislation clarifies that a health marketplace pool's participation in offering these plans does not establish an employer or joint employer relationship for any purpose other than providing the group health plan or coverage. Eligibility for membership extends to individuals, employees of members, or employees of entities controlled by members. Additionally, conforming amendments specify that membership in such a pool does not, by itself, make a person a fiduciary under ERISA, and these arrangements are excluded from the definition of multiple employer welfare arrangements.
This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow certain entities, designated as health marketplace pools , to be deemed an "employer." This reclassification enables these pools to offer group health plans or group health insurance coverage to their members. A key provision allows these plans to include coverage solely for prescription or non-prescription drugs, providing flexibility in benefit offerings. To qualify, a health marketplace pool must be formed in good faith for the purpose of risk pooling and cannot condition membership on any health status-related factor. These pools are required to make group health plans or coverage available to all members, with rates that may vary but must comply with nondiscrimination rules under ERISA sections 701 and 702. They have the option to provide coverage either through contracts with health insurance issuers or by self-insuring. The legislation clarifies that a health marketplace pool's participation in offering these plans does not establish an employer or joint employer relationship for any purpose other than providing the group health plan or coverage. Eligibility for membership extends to individuals, employees of members, or employees of entities controlled by members. Additionally, conforming amendments specify that membership in such a pool does not, by itself, make a person a fiduciary under ERISA, and these arrangements are excluded from the definition of multiple employer welfare arrangements.