Govwatch

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9798 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9798

 To amend the Employee Retirement Income Security Act of 1974 and the 
 Public Health Service Act to exempt certain employer-sponsored group 
health plans governed by ERISA from the Affordable Care Act's Essential 
         Health Benefits requirements, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2026

  Mr. Allen introduced the following bill; which was 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

_______________________________________________________________________

                                 A BILL

 
 To amend the Employee Retirement Income Security Act of 1974 and the 
 Public Health Service Act to exempt certain employer-sponsored group 
health plans governed by ERISA from the Affordable Care Act's Essential 
         Health Benefits requirements, 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 ``Employer Health Plan Flexibility 
Act''.

SEC. 2. EXEMPTING CERTAIN EMPLOYER-SPONSORED GROUP HEALTH PLANS FROM 
              THE AFFORDABLE CARE ACT'S ESSENTIAL HEALTH BENEFITS 
              REQUIREMENTS.

    (a) Amendment to ERISA.--Section 715 of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1185d) is amended by adding at 
the end the following:
    ``(c) Notwithstanding any other provision of Federal law, a group 
health plan sponsored by an employer and governed by this Act shall not 
be required to provide coverage for the Essential Health Benefits 
described in section 1302(b) of the Patient Protection and Affordable 
Care Act solely by reason of such Federal requirement.''.
    (b) Amendment to the Public Health Service Act.--Section 2707(a) of 
the Public Health Service Act (42 U.S.C. 300gg-6(a)) is amended by 
inserting ``This section shall not apply to any employer-sponsored 
group health plan governed by the Employee Retirement Income Security 
Act of 1974.'' at the end.
    (c) Conforming Amendments.--The Secretary of Health and Human 
Services shall revise applicable regulations to reflect the exemption 
established under this Act.

SEC. 3. PRESERVATION OF OTHER FEDERAL REQUIREMENTS.

    Nothing in this Act shall be construed to exempt a group health 
plan from compliance with--
            (1) the portability and nondiscrimination provisions of the 
        Health Insurance Portability and Accountability Act of 1996 (42 
        U.S.C. 201 et seq.);
            (2) the Paul Wellstone and Pete Domenici Mental Health 
        Parity and Addiction Equity Act of 2008 (subtitle B of title V 
        of division C of Public Law 110-343);
            (3) the Consolidated Omnibus Budget Reconciliation Act of 
        1985;
            (4) fiduciary duties under the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1001 et seq.);
            (5) Internal Revenue Code requirements applicable to 
        employer-sponsored health plans;
            (6) Federal nondiscrimination requirements; or
            (7) preventive services requirements, unless otherwise 
        provided by law.

SEC. 4. EMPLOYER DISCLOSURE REQUIREMENTS.

    A group health plan claiming the exemption under this Act shall 
annually provide participants with a notice that includes--
            (1) a description of benefits covered under the plan;
            (2) identification of any Essential Health Benefits not 
        covered;
            (3) information regarding cost-sharing; and
            (4) instructions for obtaining the Summary Plan 
        Description.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act shall--
            (1) prohibit an employer from voluntarily providing all or 
        part of the Essential Health Benefits;
            (2) alter existing Employee Retirement Income Security Act 
        of 1974 (29 U.S.C. 1001 et seq.) preemption; or
            (3) affect State regulation of health insurance issuers 
        except as expressly provided.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to plan years beginning 
on or after January 1, 2028.
                                 <all>
Employer Health Plan Flexibility Act

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