Self-Insurance Protection Act

1/4/2025, 11:12 AM

Summary of Bill HR 2813

The Self-Insurance Protection Act, also known as Bill 118 hr 2813, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to protect self-insured health plans from being regulated by state insurance laws.

Self-insured health plans are those in which an employer assumes the financial risk for providing health care benefits to its employees, rather than purchasing a traditional insurance policy. These plans are subject to federal regulations under the Employee Retirement Income Security Act (ERISA), but some states have attempted to regulate them under their own insurance laws.

The Self-Insurance Protection Act aims to clarify that self-insured health plans are exempt from state insurance laws and should only be regulated at the federal level. Proponents of the bill argue that this will provide consistency and certainty for employers who choose to self-insure, as they will not have to navigate a patchwork of state regulations. Opponents of the bill, however, argue that it could weaken consumer protections and oversight of self-insured health plans. They are concerned that without state regulation, there may be less transparency and accountability in how these plans are managed and funded. Overall, the Self-Insurance Protection Act is a complex piece of legislation that seeks to address the regulatory framework for self-insured health plans. Its impact on employers, employees, and the health care system as a whole remains to be seen as it continues to be debated in Congress.

Congressional Summary of HR 2813

Self-Insurance Protection Act

This bill specifies that stop-loss coverage is not health insurance coverage for purposes of regulation under the Employee Retirement Income Security Act of 1974.

Stop-loss policies are generally obtained by self-insured health plans or sponsors of self-insured group health plans to reimburse the plan or sponsor for losses incurred in providing health benefits to plan participants in excess of a level set forth in the stop-loss policy.

The bill also preempts state laws that prevent employers from obtaining stop-loss coverage.

Current Status of Bill HR 2813

Bill HR 2813 is currently in the status of Bill Introduced since April 25, 2023. Bill HR 2813 was introduced during Congress 118 and was introduced to the House on April 25, 2023.  Bill HR 2813's most recent activity was Referred to the Subcommittee on Health. as of December 17, 2024

Bipartisan Support of Bill HR 2813

Total Number of Sponsors
3
Democrat Sponsors
0
Republican Sponsors
3
Unaffiliated Sponsors
0
Total Number of Cosponsors
4
Democrat Cosponsors
0
Republican Cosponsors
4
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 2813

Primary Policy Focus

Health

Potential Impact Areas

Employee benefits and pensionsHealth care costs and insurance

Alternate Title(s) of Bill HR 2813

Self-Insurance Protection ActSelf-Insurance Protection ActSelf-Insurance Protection ActTo amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans, and for other purposes.
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