Small Business Health Fairness Act of 2004
Latest action · May 13, 2004 Pursuant to the provisions of H. Res. 638, H.R. 4281 is laid on the table.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 5, 2004
- Passed HouseMay 13, 2004
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(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.
Recorded votes 3
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 174 | On Passage | Passed252–162 | May 13, 2004 |
| House 173 | On Motion to Recommit with Instructions | Failed196–218 | May 13, 2004 |
| House 172 | On Agreeing to the Amendment | Failed193–224 | May 13, 2004 |
Cosponsors 17
Members who signed on, in the order they did. Signatures ran from May 5, 2004 to May 11, 2004; 4 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Calvin M. Dooley | Original | May 5, 2004 |
| R-OH | John A. Boehner | Original | May 5, 2004 |
| R-GA | Max Burns | Original | May 5, 2004 |
| D-NY | Nydia M. Velázquez | Original | May 5, 2004 |
| R-MO | Jo Ann Emerson | May 6, 2004 | |
| R-MI | Candice S. Miller | May 11, 2004 | |
| R-NC | Cass Ballenger | May 11, 2004 | |
| R-CT | Christopher Shays | May 11, 2004 | |
| R-PA | James C. Greenwood | May 11, 2004 | |
| R-AZ | Jim Kolbe | May 11, 2004 | |
| R-TN | Marsha Blackburn | May 11, 2004 | |
| R-TX | Michael C. Burgess | May 11, 2004 | |
| R-IL | Philip M. Crane | May 11, 2004 | |
| R-FL | Ric Keller | May 11, 2004 | |
| R-CO | Scott McInnis | May 11, 2004 | |
| R-WV | Shelley Moore Capito | May 11, 2004 | |
| R-NM | Stevan Pearce | May 11, 2004 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred May 5, 2004 |
Actions 16
Everything that happened, newest first.
- May 13, 2004Considered under the provisions of rule H. Res. 638. (consideration: CR H2951-2960, CR 5/14/2004 H2967-2986)
- May 13, 2004Rule 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.
- May 13, 2004DEBATE - The House proceeded with one hour of debate on H.R. 4281.
- May 13, 2004DEBATE - Pursuant to House Resolution 638 the House proceeded with one hour of debate on the Kind amendment in the nature of a substitute.
- May 13, 2004Mrs. 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)
In the Congressional Record 4
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E891 | Howard P. "Buck" McKeon R-CA | May 18, 2004 |
| Extensions | Debate and remarks E876 | Joe Baca D-CA | May 17, 2004 |
| House | Debate and remarks H2951–H2986, H2984–H2986Text printed H2951–H2957Amendments H2976Motions H2984Recorded votes H2983, H2985, H2986enactKind amendment (substitute)McCarthy of New York motion to recommit (protect coverage of breast cancer screening, pregnancy and childbirth, well child care, and obstetric and gynocological services)Lists H2961–H2966, H2980Organizations opposing H.R. 4281, Small Business Health Fairness ActOrganizations supporting H.R. 4281, Small Business Health Fairness Act | Albert Russell Wynn D-MD, Betty McCollum D-MN, C. A. Dutch Ruppersberger D-MD, Carolyn McCarthy D-NY (motion), Cass Ballenger R-NC, Chris Van Hollen D-MD, Dennis J. Kucinich D-OH, Donna M. Christensen D-VI, Earl Blumenauer D-OR, Earl Pomeroy D-ND, Eric Cantor R-VA, Fortney Pete Stark D-CA, George Miller D-CA, Jack Kingston R-GA, John A. Boehner R-OH, John D. Dingell D-MI, John E. Peterson R-PA, John F. Tierney D-MA, John Sullivan R-OK, Judy Biggert R-IL, Lynn C. Woolsey D-CA, Marsha Blackburn R-TN, Max Sandlin D-TX, Mike Ross D-AR, Nydia M. Velázquez D-NY, Paul E. Gillmor R-OH, Philip M. Crane R-IL, Rahm Emanuel D-IL, Robert E. Andrews D-NJ, Ron Kind D-WI (amendment), Rush Holt D-NJ, Sam Johnson R-TX, Shelley Moore Capito R-WV, Sherrod Brown D-OH, Stephanie Tubbs Jones D-OH, Tom Osborne R-NE | May 13, 2004 |
| House | Debate and remarks H2818, H2822–H2829Text printed H2821Recorded votes H2835consideration (H. Res. 638), previous question | Benjamin L. Cardin D-MD, Dave Weldon R-FL, Deborah Pryce R-OH, Donna M. Christensen D-VI, Frank Pallone, Jr. D-NJ, George R. Nethercutt Jr. R-WA, Jerry F. Costello D-IL, Joe Knollenberg R-MI, Louise McIntosh Slaughter D-NY, Peter A. DeFazio D-OR, Rahm Emanuel D-IL, Sam Johnson R-TX, Shelley Moore Capito R-WV, Sherrod Brown D-OH | May 12, 2004 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 525 | An amendment in the nature of a substitute printed in Part B of House Report 108-484. | Ron Kind D-WI | On agreeing to the Kind amendment (A001) Failed by the Yeas and Nays: 193 - 224 (Roll no. 172). |
Related bills 5
Companion bills and other measures the record links to this one.
Titles 4
Every title it has carried, official and short, at each stage.
- 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.
- Short Titles as Introduced
- Small Business Health Fairness Act of 2004
- Short Titles as Passed House
- Small Business Health Fairness Act of 2004
- Popular Titles
- Small Business Medical Care bill
Subjects
Assigned by the Library of Congress. Policy area: 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
- 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
Text 1
Each version as it was printed, newest first.
- May 5, 2004Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.