EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA)

Bills and resolutions

China: encourage State and local governments to prohibit certain investment activities in China (see H.R. 6528), H6049 [30NO]

Dept. of HHS: permit employers to treat benefits for telehealth services offered under group health plan or group health insurance coverage as excepted benefits (see H.R. 824), H679 [2FE]

Dept. of Labor: clarify and strengthen application of certain employer-sponsored health plan disclosure requirements (see H.R. 4508), H3176 [10JY]

——— limit funding for Employee Benefits Security Administration salaries and expenses (see H.R. 1932), H1624 [29MR]

——— permit retirement plans to consider certain environmental, social, and governance factors in investment decisions (see S. 523), S457 [16FE] (see H.R. 1119), H864 [21FE]

——— prohibit retirement plan investments in foreign adversary and sanctioned entities and require disclosure of existing investments in such entities (see H.R. 4008), H2807 [12JN]

——— require group health plans and group health insurance issuers to only pay claims submitted by hospitals with policies and procedures to ensure accurate billing practices (see H.R. 4509), H3176 [10JY]

Drugs: establish requirements relative to cost-sharing for certain insulin products (see H.R. 1488), H1247 [9MR]

——— provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage (see S. 2666), S3756 [27JY]

Employment: amend minimum participation standards for pension plans and qualified trusts (see S. 3305), S5540 [15NO]

——— expand access to benefits and ensure fair treatment for part-time workers (see S. 2850), S4589 [19SE] (see H.R. 5578), H4407 [19SE]

Insurance: allow parental choice in selection of primary health insurance coverage or primary coverage under group health plan for newborn children (see H.R. 4195), H2964 [16JN]

——— ensure plan fiduciaries may access de-identified information relating to health claims (see H.R. 4527), H3204 [11JY]

——— exclude from definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans (see H.R. 2813), H1944 [25AP]

——— increase oversight of pharmacy benefits manager services (see S. 2694), S3756 [27JY] (see H.R. 2679), H1845 [18AP] (see H.R. 4846), H3948 [25JY]

——— promote group health plan price transparency (see H.R. 4905), H4028 [26JY]

——— provide for certain health coverage of newborns (see H.R. 3387), H2377 [16MY]

——— require group health plans to provide exceptions process for any medication step therapy protocol (see S. 652), S636 [2MR] (see H.R. 2630), H1725 [13AP]

——— require health insurance providers to cover oral cancer drugs on terms no less favorable than for cancer medications administered by health care provider (see S. 2039), S2123 [15JN] (see H.R. 6301), H5651 [8NO]

——— strengthen transparency requirements relative to pharmacy benefit managers (see H.R. 2816), H1945 [25AP]

Investments: require investment advisors to consider only monetary factors when making investment decisions (see S. 2282), S2360 [12JY] (see H.R. 4237), H3069 [21JN]

Pensions: clarify application of prudence and exclusive purpose duties to exercise of shareholder rights (see H.R. 5337), H4222 [5SE]

——— clarify fiduciary duty of plan administrators to select and maintain investments based solely on pecuniary factors (see S. 1563), S1623 [11MY]

——— ensure that pension plans provide notice to participants and beneficiaries on risks associated with certain investments (see H.R. 5340), H4222 [5SE]

——— establish that fiduciaries must act with prudence and loyalty when selecting service providers for pension plans (see H.R. 5338), H4222 [5SE]

——— permit default investment arrangements in annuities (see H.R. 3942), H2785 [9JN]

——— provide for periodic automatic reenrollment under qualified automatic contribution arrangements (see S. 2517), S3619 [26JY] (see H.R. 4924), H4029 [26JY]

——— provide greater spousal protection under defined contribution plans, expand access to retirement savings, and increase financial literacy (see S. 2627), S3754 [27JY] (see H.R. 5060), H4141 [27JY]

——— specify requirements concerning consideration of pecuniary and non-pecuniary factors (see H.R. 5339), H4222 [5SE]

SEC: specify requirements for considering pecuniary and non-pecuniary factors, study climate change and other environmental disclosures in municipal bond market, and study solicitation of municipal securities business (see H.R. 4600), H3573 [13JY]

Small business: establish additional criteria for determining when employers may join together in groups or associations of employers that will be treated as employer for purposes of sponsoring group health plan (see S. 3167), S5230 [30OC] (see H.R. 2868), H1947 [25AP]

Letters

Association Health Plans Act: several health organizations, H3042 [21JN]

Custom Health Option and Individual Care Expense (CHOICE) Arrangement Act: several health organizations, H3042 [21JN]

Self-Insurance Protection Act: several health organizations, H3042 [21JN]

Remarks in House

Dept. of Labor: prohibit funding to finalize, implement, or enforce proposed amendments to class prohibited transaction exemptions (PTEs) available to investment advice fiduciaries, H5812, H5813 [14NO]

Drugs: establish requirements relative to cost-sharing for certain insulin products, E1105 [15NO]

——— establish requirements relative to cost-sharing for certain insulin products for children, H2983 [20JN]

Insurance: exclude from definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans, H3022, H3026–H3028 [21JN]

Mental health: strengthen parity in mental health and substance use disorder benefits, H2385 [17MY]

Pensions: permit default investment arrangements in annuities (H.R. 3942), E1028 [30OC]

Small business: establish additional criteria for determining when employers may join together in groups or associations of employers that will be treated as employer for purposes of sponsoring group health plan, H3022, H3024, H3026–H3028 [21JN]

Remarks in Senate

Pensions: provide for periodic automatic reenrollment under qualified automatic contribution arrangements (S. 2517), S3623 [26JY]

Reports filed

Association Health Plans Act: Committee on Education and the Workforce (House) (H.R. 2868) (H. Rept. 118–112), H2930 [14JN]

Health Data Access, Transparency, and Affordability (Health DATA) Act: Committee on Education and the Workforce (House) (H.R. 4527) (H. Rept. 118–260), H5227 [1NO]

Hidden Fee Disclosure Act: Committee on Education and the Workforce (House) (H.R. 4508) (H. Rept. 118–259), H5227 [1NO]

No Discrimination in My Benefits Act: Committee on Education and the Workforce (House) (H.R. 5338) (H. Rept. 118–226), H4496 [26SE]

Providing Complete Information to Retirement Investors Act: Committee on Education and the Workforce (House) (H.R. 5340) (H. Rept. 118–224), H4496 [26SE]

Retirement Proxy Protection Act: Committee on Education and the Workforce (House) (H.R. 5337) (H. Rept. 118–227), H4497 [26SE]

Roll Back ESG To Increase Retirement Earnings (RETIRE) Act: Committee on Education and the Workforce (House) (H.R. 5339) (H. Rept. 118–225), H4496 [26SE]

Self-Insurance Protection Act: Committee on Education and the Workforce (House) (H.R. 2813) (H. Rept. 118–115), H2989 [20JN]

Telehealth Benefit Expansion for Workers Act: Committee on Education and the Workforce (House) (H.R. 824) (H. Rept. 118–132), H3157 [30JN]

Transparency in Billing Act: Committee on Education and the Workforce (House) (H.R. 4509) (H. Rept. 118–258), H5227 [1NO]