3.0.0 4281 2023-01-15T04:48:58Z 2023-01-15T04:48:58Z House H HR 2004-05-05 108 hsed00 Education and the Workforce Committee House Standing Referred to 2004-05-05T14:05:30Z Small Business Health Fairness Act of 2003 108 660 HR 2003-06-20 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions. Related bill CRS Related bill House Small Business Health Fairness Act of 2003 108 545 S 2003-03-06 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S3256-3263) Related bill CRS Providing for consideration of the bill (H.R. 4279) to amend the Internal Revenue Code of 1986 to provide for the disposition of unused health benefits in cafeteria plans and flexible spending arrangements; for consideration of the bill (H.R. 4280) to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system; and for consideration of the bill (H.R. 4281) to amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees. 108 638 HRES 2004-05-12 Motion to reconsider laid on the table Agreed to without objection. 12:42:58 Related bill House Procedurally-related House Procedurally-related House To amend the Internal Revenue Code of 1986 to permanently extend the 10-percent individual income tax rate bracket. 108 4275 HR 2004-05-18 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 518. Related bill House To amend the Internal Revenue Code of 1986 to provide for the disposition of unused health benefits in cafeteria plans and flexible spending arrangements, to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system, and to amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees. 108 4279 HR 2004-05-21 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 539. Related bill House 2004-05-13 16:27:25 Pursuant to the provisions of H. Res. 638, H.R. 4281 is laid on the table. Floor H1B000 2 House floor actions 2004-05-13 16:26:40 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2004-05-13 16:26:38 On passage Passed by the Yeas and Nays: 252 - 162, 1 Present (Roll no. 174). (text: CR H2951-2957) Floor H37100 2 House floor actions 174 https://clerk.house.gov/evs/2004/roll174.xml House 108 2004-05-13T20:26:38Z 2 2004-05-13 16:26:38 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 252 - 162, 1 Present (Roll no. 174).(text: CR H2951-2957) Floor 8000 9 Library of Congress 174 https://clerk.house.gov/evs/2004/roll174.xml House 108 2004-05-13T20:26:38Z 2 2004-05-13 16:17:47 On motion to recommit with instructions Failed by recorded vote: 196 - 218 (Roll no. 173). Floor H36110 2 House floor actions hsed00 Education and the Workforce Committee 173 https://clerk.house.gov/evs/2004/roll173.xml House 108 2004-05-13T20:17:47Z 2 2004-05-13 16:01:12 The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR 5/14/2004 H2983) Floor H8A000 2 House floor actions 2004-05-13 15:53:58 Floor summary: DEBATE - The House proceeded with ten minutes of debate on the McCarthy (NY) motion to recommit with instructions. Floor H8D000 2 House floor actions 2004-05-13 15:53:01 Mrs. McCarthy (NY) moved to recommit with instructions to Education and the Workforce. (consideration: CR 5/14/2004 H2984-2986; text: CR 5/14/2004 H2984) Floor H36100 2 House floor actions hsed00 Education and the Workforce Committee 2004-05-13 14:55:04 DEBATE - Pursuant to House Resolution 638 the House proceeded with one hour of debate on the Kind amendment in the nature of a substitute. Floor H8D000 2 House floor actions 2004-05-13 13:41:41 DEBATE - The House proceeded with one hour of debate on H.R. 4281. Floor H8D000 2 House floor actions 2004-05-13 13:41:33 Rule provides for consideration of H.R. 4279, H.R. 4280 and H.R. 4281. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. Floor H8D000 2 House floor actions 2004-05-13 13:41:28 Considered under the provisions of rule H. Res. 638. (consideration: CR H2951-2960, CR 5/14/2004 H2967-2986) Floor H30000 2 House floor actions 2004-05-12 12:42:57 Rule H. Res. 638 passed House. Floor H1L220 2 House floor actions 2004-05-11 20:02:00 Rules Committee Resolution H. Res. 638 Reported to House. Rule provides for consideration of H.R. 4279, H.R. 4280 and H.R. 4281. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. Floor H1L210 2 House floor actions 2004-05-05 Referred to the House Committee on Education and the Workforce. IntroReferral H11100 2 House floor actions hsed00 Education and the Workforce Committee 2004-05-05 Sponsor introductory remarks on measure. (CR E761) IntroReferral B00100 9 Library of Congress 2004-05-05 Introduced in House IntroReferral Intro-H 9 Library of Congress 2004-05-05 Introduced in House IntroReferral 1000 9 Library of Congress J000174 Rep. Johnson, Sam [R-TX-3] SAM JOHNSON R TX 3 N D000424 Rep. Dooley, Calvin M. [D-CA-20] CAL DOOLEY D CA 20 2004-05-05 True V000081 Rep. Velazquez, Nydia M. [D-NY-12] NYDIA VELAZQUEZ D NY M. 12 2004-05-05 True B000589 Rep. Boehner, John A. [R-OH-8] JOHN BOEHNER R OH A. 8 2004-05-05 True B001249 Rep. Burns, Max [R-GA-12] Max Burns R GA 12 2004-05-05 True E000172 Rep. Emerson, Jo Ann [R-MO-8] JO EMERSON R MO ANN 8 2004-05-06 False S001144 Rep. Shays, Christopher [R-CT-4] CHRISTOPHER SHAYS R CT 4 2004-05-11 False K000306 Rep. Kolbe, Jim [R-AZ-8] JIM KOLBE R AZ 8 2004-05-11 False M001150 Rep. Miller, Candice S. [R-MI-10] Candice Miller R MI S. 10 2004-05-11 False C000873 Rep. Crane, Philip M. [R-IL-8] PHILIP CRANE R IL M. 8 2004-05-11 False B000104 Rep. Ballenger, Cass [R-NC-10] CASS BALLENGER R NC 10 2004-05-11 False G000439 Rep. Greenwood, James C. [R-PA-8] JAMES GREENWOOD R PA C. 8 2004-05-11 False C001047 Rep. Capito, Shelley Moore [R-WV-2] Shelley Capito R WV Moore 2 2004-05-11 False B001243 Rep. Blackburn, Marsha [R-TN-7] Marsha Blackburn R TN 7 2004-05-11 False P000588 Rep. Pearce, Stevan [R-NM-2] Stevan Pearce R NM 2 2004-05-11 False M000477 Rep. McInnis, Scott [R-CO-3] SCOTT MCINNIS R CO 3 2004-05-11 False B001248 Rep. Burgess, Michael C. [R-TX-26] Michael Burgess R TX C. 26 2004-05-11 False K000361 Rep. Keller, Ric [R-FL-8] RIC KELLER R FL 8 2004-05-11 False H.R. 4279 https://www.congress.gov/bill/108th-congress/house-bill/4279 H.R. 4281 https://www.congress.gov/bill/108th-congress/house-bill/4281 H.Res. 638 https://www.congress.gov/bill/108th-congress/house-resolution/638 Health Administrative fees Administrative procedure Bankruptcy Civil Rights and Liberties, Minority Issues Collective bargaining Commerce Congress Congressional reporting requirements Crime and Law Enforcement Delegation of powers Department of Labor Discrimination in insurance Discrimination in medical care Economics and Public Finance Employee health benefits Federal advisory bodies Federal preemption Federal-state relations Finance and Financial Sector Fines (Penalties) Flexible benefit plans Franchises (Retail trade) Government Operations and Politics Government paperwork Government trust funds Health care fraud Health insurance Injunctions Insurance Insurance agents Insurance premiums Labor and Employment Labor contracts Labor unions Law Licenses Medical economics Medically uninsured Professional associations Small business Standards State laws State taxation Surety and fidelity Tax rates Taxation Trade associations Trusts and trustees Valuation Health 00 2004-05-05 Introduced in House 2004-05-11T19:29:44Z Small Business Health Fairness Act of 2004 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)

Establishes rules governing AHPs, including requirements relating to certification, sponsors and boards of trustees, participation and coverage, nondiscrimination, plan documents, contribution rates, benefit options, applications for certification, notice of voluntary termination, corrective actions, and mandatory termination.

Requires AHPs which provide health benefits in addition to health insurance coverage to maintain certain reserves and comply with other solvency requirements.

Directs the Secretary of Labor to apply for appointment, and carry out specified duties, as trustee of any insolvent AHPs which provide health benefits in addition to health insurance coverage.

Allows a State to impose a contribution tax on any AHP commencing operations in such State after the enactment of this Act. Sets forth limits on such tax, including reduction by the amount of any tax or assessment otherwise imposed by the State on specified other insurance related items maintained by the AHP.

Requires AHPs to include in their summary plan descriptions, in connection with each benefit option, a description of the form of any solvency or guarantee fund protection secured under ERISA or applicable State law.

Allows a certified AHP to exist in a State regardless of any State law that would preclude it.

Preempts State requirements for benefits to be offered by AHPs; but allows a State in which an AHP is domiciled to require the domiciled AHP to cover particular types of diseases and conditions. Allows health insurance issuers to offer coverage of the same policy type offered in connection with a particular AHP to eligible employers, regardless of whether such employers are members of the particular association and regardless of State law. Deems health insurance coverage policy forms filed and approved in a particular State in connection with an insurer's offering under an AHP as approved in any other State in which such coverage is offered when the insurer provides a complete filing in the same form and manner to the authority in the other State.

Makes inapplicable to certified AHPs certain current ERISA provisions which allow State regulation of multiple employer welfare arrangements (MEWAs). Revises ERISA preemption rules to permit State regulation of self-insured MEWAs providing medical care which do not elect to meet the certification requirements for AHPs.

Directs the Secretary to report to specified congressional committees by January 1, 2009, on the effect, if any, AHPs have had on the number of uninsured individuals.

Revises requirements for treatment of single employer arrangements. Allows two or more trades or businesses to be deemed a single employer if they are in the same control group offering medical care benefits, under specified conditions.

Provides for enforcement of AHP requirements, including criminal penalties for certain willful misrepresentations, issuance of cease and desist orders, and the responsibility of AHP boards of trustees for certain claims procedures.

Directs the Secretary, regarding the exercise of authority, to consult only with the recognized primary domicile State for an AHP.

Provides for transitional and other rules relating to treatment of certain existing health benefit programs.

]]> 81 2004-05-13 Passed House without amendment 2004-05-14T19:04:16Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Small Business Health Fairness Act of 2004 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)

(Sec. 2) Establishes rules governing AHPs, including requirements relating to certification, sponsors and boards of trustees, participation and coverage, nondiscrimination, plan documents, contribution rates, benefit options, applications for certification, notice of voluntary termination, corrective actions, and mandatory termination.

Requires AHPs which provide health benefits in addition to health insurance coverage to maintain certain reserves and comply with other solvency requirements.

Directs the Secretary of Labor to apply for appointment, and carry out specified duties, as trustee of any insolvent AHPs which provide health benefits in addition to health insurance coverage.

Allows a State to impose a contribution tax on any AHP commencing operations in such State after the enactment of this Act. Sets forth limits on such tax, including reduction by the amount of any tax or assessment otherwise imposed by the State on specified other insurance related items maintained by the AHP.

Requires AHPs to include in their summary plan descriptions, in connection with each benefit option, a description of the form of any solvency or guarantee fund protection secured under ERISA or applicable State law.

Allows a certified AHP to exist in a State regardless of any State law that would preclude it.

Preempts State requirements for benefits to be offered by AHPs; but allows a State in which an AHP is domiciled to require the domiciled AHP to cover particular types of diseases and conditions. Allows health insurance issuers to offer coverage of the same policy type offered in connection with a particular AHP to eligible employers, regardless of whether such employers are members of the particular association and regardless of State law. Deems health insurance coverage policy forms filed and approved in a particular State in connection with an insurer's offering under an AHP as approved in any other State in which such coverage is offered when the insurer provides a complete filing in the same form and manner to the authority in the other State.

Makes inapplicable to certified AHPs certain current ERISA provisions which allow State regulation of multiple employer welfare arrangements (MEWAs). Revises ERISA preemption rules to permit State regulation of self-insured MEWAs providing medical care which do not elect to meet the certification requirements for AHPs.

Directs the Secretary to report to specified congressional committees by January 1, 2009, on the effect, if any, AHPs have had on the number of uninsured individuals.

(Sec. 3) Revises requirements for treatment of single employer arrangements. Allows two or more trades or businesses to be deemed a single employer if they are in the same control group offering medical care benefits, under specified conditions.

(Sec. 4) Provides for enforcement of AHP requirements, including criminal penalties for certain willful misrepresentations, issuance of cease and desist orders, and the responsibility of AHP boards of trustees for certain claims procedures.

(Sec. 5) Directs the Secretary, regarding the exercise of authority, to consult only with the recognized primary domicile State for an AHP.

(Sec. 6) Provides for transitional and other rules relating to treatment of certain existing health benefit programs.

]]> Small Business Health Fairness Act of 2004 Display Title Small Business Health Fairness Act of 2004 Official Title as Introduced To amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees. Introduced in House IH Short Titles as Introduced Small Business Health Fairness Act of 2004 Short Titles as Passed House Small Business Health Fairness Act of 2004 H House Popular Titles Small Business Medical Care bill 9 Library of Congress 525 108 HAMDT Amendment in the nature of a substitute sought to require the Department of Labor to establish a Small Employer Health Benefits Plan (SEHB) similar to the Federal Employees Health Benefits Plan (FEHB) with all employers with fewer than 100 employees during the previous calendar year eligible to apply for coverage under SEHB. An amendment in the nature of a substitute printed in Part B of House Report 108-484. 2022-02-03T04:57:19Z 2004-05-13 On agreeing to the Kind amendment (A001) Failed by the Yeas and Nays: 193 - 224 (Roll no. 172). 15:51:44 Roll no. 172 https://clerk.house.gov/evs/2004/roll172.xml K000188 Rep. Kind, Ron [D-WI-3] RON KIND D WI 3 2004-05-13T04:00:00Z House of Representatives 108 HR House H 4281 Small Business Health Fairness Act of 2004 2023-01-15T04:48:58Z House Report 108-484 https://www.congress.gov/congressional-report/108th-congress/house-report/484 9 2004-05-13 15:51:44 On agreeing to the Kind amendment (A001) Failed by the Yeas and Nays: 193 - 224 (Roll no. 172). Floor H34111 2 House floor actions 172 House 108 2004-05-13T19:51:44Z 2 https://clerk.house.gov/evs/2004/roll172.xml 2004-05-13 15:29:43 The previous question was ordered on the amendment (A001) pursuant to the rule. (consideration: CR 5/14/2004 H2983) Floor H34180 2 House floor actions 2004-05-13 14:54:31 Amendment (A001) in the nature of a substitute offered by Mr. Kind. (consideration: CR 5/14/2004 H2976-2984; text: CR 5/14/2004 H2976-2977) Floor H3A100 2 House floor actions 2004-05-13 14:54:31 House amendment offered/reported by : Amendment (A001) in the nature of a substitute offered by Mr. Kind.(consideration: CR 5/14/2004 H2976-2984; text: CR 5/14/2004 H2976-2977) NotUsed 71500 9 Library of Congress 2004-05-13 15:51:44 Amendment failed by House: On agreeing to the Kind amendment (A001) Failed by the Yeas and Nays: 193 - 224 (Roll no. 172). NotUsed 80000 9 Library of Congress 172 House 108 2004-05-13T19:51:44Z 2 https://clerk.house.gov/evs/2004/roll172.xml 2004-05-13 15:51:44 Roll call votes on amendments in House Floor 75000 9 Library of Congress 172 House 108 2004-05-13T19:51:44Z 2 https://clerk.house.gov/evs/2004/roll172.xml 2004-05-13 House amendment offered Floor 71000 9 Library of Congress 2004-05-13 15:51:44 House amendment not agreed to: On agreeing to the Kind amendment (A001) Failed by the Yeas and Nays: 193 - 224 (Roll no. 172). Floor 73000 9 Library of Congress 172 House 108 2004-05-13T19:51:44Z 2 https://clerk.house.gov/evs/2004/roll172.xml Introduced in House 2004-05-05T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-108hr4281ih/xml/BILLS-108hr4281ih.xml 2004-05-13 Pursuant to the provisions of H. Res. 638, H.R. 4281 is laid on the table. 16:27:25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.