House Passes Revamped Employer Cash-for-Coverage Bill

News June 22, 2023 at 10:08 AM
Share & Print

Members of the U.S. House voted 220-209 Wednesday to pass an expanded version of H.R. 3799 — a bill that could support employer efforts to give workers cash they can use to buy their own individual coverage.

The Custom Health Option and Individual Care Expense (CHOICE) Arrangement Act bill would add a cash-for-coverage provision to the Internal Revenue Code. The provision would be similar to the federal regulations that already let employers offer individual coverage health reimbursement arrangements (ICHRAs).

Supporters say H.R. 3799 would increase employer comfort with cash-for-coverage programs based on a health reimbursement arrangement framework because employers might see a federal law blessing an HRA-based approach as more stable than the existing ICHRA regulation.

When the House Rules Committee packaged H.R. 3799 for action on the House floor, it combined the original language with other group health benefits provisions.

What It Means

Increased federal support for HRA-based cash-for-coverage arrangements could help lure health insurers, and financial professionals back into the individual health insurance market.

Some Democrats have supported past efforts to let employers use HRAs to provide cash for individual coverage.

But the expanded version of H.R. 3799 looks as if it will have a harder time reaching the Senate floor than a stand-alone cash-for-coverage bill.

H.R. 3799

Rep. Kevin Hern, R-Okla., introduced H.R. 3799. The bill has no Democratic co-sponsors.

HRAs are different from another, better-known type of health account, the health savings account, but employers can use HRAs in cash-for-coverage arrangements and cannot use HSAs that way.

One of the provisions added to H.R. 3799 in the House Rules Committee would help employers use association health plans — or groups of employers — to provide health coverage.

Another provision added to the bill would block state insurance regulators from interfering with small employers' use of stop-loss insurance, or insurance for health plans, to set up self-insured health plans.

The Backdrop

States can regulate individual health policies purchased by workers using employer cash, but skeptics fear that employer cash-for-coverage arrangements could destabilize either the individual market or the small group market, by pushing older, sicker workers one way or the other.

Traditionally, many Democrats, health insurers and state insurance regulators have seen the use of association health plans and stop-loss insurance as mechanisms for helping employers avoid complying with state health insurance regulations.

All House Republicans who voted on H.R. 3799 Wednesday backed the bill, but all Democrats who voted opposed it.

The party-line vote suggests that the expanded version of the bill could have a hard time winning support from Democrats in the Senate.

Rep. Kevin Hern, R-Okla. Credit: Hern

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center