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H.R. 2868 118th Congress House

Association Health Plans Act

Official title: To amend the Employee Retirement Income Security Act of 1974 to clarify the treatment of certain association health plans as employers, and for other purposes.

Introduced: April 25, 2023 Introduced by: Tim Walberg Republican · Michigan See on congress.gov
Health Disability and health-based discriminationEmployee benefits and pensionsHealth care costs and insuranceHealth care coverage and access
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Labor-management relationsSelf-employed
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This bill died when the 118th Congress ended
It never became law before the 118th Congress (2023–2024) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 6 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jun 14, 2023
Placed on the Union Calendar, Calendar No. 87.
Jun 14, 2023
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-112.
Jun 6, 2023
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 18.
Jun 6, 2023
Committee Consideration and Mark-up Session Held.
Apr 25, 2023
Referred to the House Committee on Education and the Workforce.
Apr 25, 2023
Introduced in House
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 Latest action June 14, 2023

Placed on the Union Calendar, Calendar No. 87.

 Plain-English summary Congressional Research Service

Association Health Plans Act

This bill provides statutory authority for the treatment of association health plans (AHPs) as single, large employer health plans for purposes of the Employee Retirement Income Security Act (ERISA).

Under AHPs, groups of individuals or small employers join together to purchase health insurance coverage. AHPs were historically subject to the market requirements for individual and small group health plans. In 2018, the Department of Labor issued regulations that allowed an AHP to be considered a single, large employer under ERISA if certain conditions are met. The regulations have been subject to litigation, which is still ongoing.

The bill provides that a group of employers is treated as a single, large employer for the purpose of establishing an AHP if the group, among other listed criteria (1) has been in existence for at least two years prior to establishing a group health insurance plan and was formed for a purpose other than offering health insurance, (2) meets any criteria set by Labor in a prior advisory opinion, or (3) meets any other criteria set by Labor through regulations.

Additionally, the bill establishes rules for AHPs to set premium rates and prohibits AHPs from discriminating in coverage based on health status-related factors or denying coverage based on preexisting conditions.

 Related & companion bills 2
  • HR 3799 CHOICE Arrangement Act
  • S 3167 MEWA Act
 Bill text 2 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
 Lobbying activity 1

Registered lobbyists who named this bill in their disclosure filings. Source: federal Lobbying Disclosure Act filings.

Bodies those filers lobbied

A filing lists the bills it worked on and the parts of government it contacted in separate sections, so these are the bodies those filers named anywhere in the filing, not a per-bill breakdown.

 Cosponsors 7
All 7 Republican 5
R
Dunn, Neal P.
Florida · May 16, 2023
 R
Thompson, Glenn
Pennsylvania · May 16, 2023
 R
Allen, Rick W.
Georgia · Apr 25, 2023
Burgess, Michael
· Apr 25, 2023
 R
Crenshaw, Dan
Texas · Apr 25, 2023
 R
Foxx, Virginia
North Carolina · Apr 25, 2023
Good, Bob
· Apr 25, 2023
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 2868: Association Health Plans Act. 118th Congress. Open America. https://openamerica.io/bill/118-HR-2868/
MLA
"H.R. 2868: Association Health Plans Act." 118th Congress, 2026, Open America, https://openamerica.io/bill/118-HR-2868/.
Bluebook (legal)
H.R. 2868, 118th Cong. (2026), https://openamerica.io/bill/118-HR-2868/.
Markdown link
[H.R. 2868: Association Health Plans Act](https://openamerica.io/bill/118-HR-2868/)
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