HR 525 · 109th Congress 2005–2007, ended

Small Business Health Fairness Act of 2005

Introduced Feb 2, 2005 Originated House Sponsor Sam Johnson R-TX

Fact sheet Spreadsheet

Latest action · Jul 27, 2005 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

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.

  1. IntroducedFeb 2, 2005
  2. Passed HouseJul 26, 2005
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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 2005 - 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, 2010, 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 callQuestionResultDate
House 426Passed263–165Jul 26, 2005
House 425Failed198–230Jul 26, 2005
House 424Failed197–230Jul 26, 2005

Cosponsors 135

Members who signed on, in the order they did. Signatures ran from Feb 2, 2005 to Apr 13, 2005; 53 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MDAlbert Russell WynnOriginalFeb 2, 2005
R-WYBarbara CubinOriginalFeb 2, 2005
R-LABobby JindalOriginalFeb 2, 2005
R-MICandice S. MillerOriginalFeb 2, 2005
R-CAChristopher CoxOriginalFeb 2, 2005
R-CTChristopher ShaysOriginalFeb 2, 2005
R-OHDeborah PryceOriginalFeb 2, 2005
R-ILDonald A. ManzulloOriginalFeb 2, 2005
D-HIEd CaseOriginalFeb 2, 2005
R-VAEric CantorOriginalFeb 2, 2005
R-TXHenry BonillaOriginalFeb 2, 2005
R-NHJeb BradleyOriginalFeb 2, 2005
R-ILJerry WellerOriginalFeb 2, 2005
D-TNJim CooperOriginalFeb 2, 2005
R-PAJim GerlachOriginalFeb 2, 2005
R-MOJo Ann EmersonOriginalFeb 2, 2005
R-SCJoe WilsonOriginalFeb 2, 2005
R-OHJohn A. BoehnerOriginalFeb 2, 2005
R-TXJohn Abney CulbersonOriginalFeb 2, 2005
R-AZJohn B. ShadeggOriginalFeb 2, 2005
R-PAJohn E. PetersonOriginalFeb 2, 2005
R-MNJohn KlineOriginalFeb 2, 2005
R-NYJohn M. McHughOriginalFeb 2, 2005
R-TXJohn R. CarterOriginalFeb 2, 2005
R-ILJudy BiggertOriginalFeb 2, 2005
R-TXKenny MarchantOriginalFeb 2, 2005
R-TXKevin BradyOriginalFeb 2, 2005
D-TNLincoln DavisOriginalFeb 2, 2005
R-PRLuis G. FortunoOriginalFeb 2, 2005
R-GALynn A. WestmorelandOriginalFeb 2, 2005
R-TXMac ThornberryOriginalFeb 2, 2005
R-MNMark R. KennedyOriginalFeb 2, 2005
R-CAMary BonoOriginalFeb 2, 2005
R-PAMichael G. FitzpatrickOriginalFeb 2, 2005
R-TXMichael T. McCaulOriginalFeb 2, 2005
D-NCMike McIntyreOriginalFeb 2, 2005
D-NYNydia M. VelázquezOriginalFeb 2, 2005
R-OHPatrick J. TiberiOriginalFeb 2, 2005
R-NCPatrick T. McHenryOriginalFeb 2, 2005
R-WIPaul D. RyanOriginalFeb 2, 2005
R-OHPaul E. GillmorOriginalFeb 2, 2005
R-TXPete SessionsOriginalFeb 2, 2005
R-CARandy (Duke) CunninghamOriginalFeb 2, 2005
R-TXRandy NeugebauerOriginalFeb 2, 2005
R-MOSam GravesOriginalFeb 2, 2005
R-OHSteve ChabotOriginalFeb 2, 2005
R-IASteve KingOriginalFeb 2, 2005
R-NYSue W. KellyOriginalFeb 2, 2005
R-VAThelma D. DrakeOriginalFeb 2, 2005
R-WIThomas E. PetriOriginalFeb 2, 2005
R-PATodd Russell PlattsOriginalFeb 2, 2005
R-NCVirginia FoxxOriginalFeb 2, 2005
R-MOW. Todd AkinOriginalFeb 2, 2005
R-KYAnne M. NorthupFeb 8, 2005
R-FLE. Clay Shaw Jr.Feb 8, 2005
R-WIF. James Sensenbrenner, Jr.Feb 8, 2005
R-FLGinny Brown-WaiteFeb 8, 2005
R-ILHenry J. HydeFeb 8, 2005
R-CAHoward P. "Buck" McKeonFeb 8, 2005
R-FLJeff MillerFeb 8, 2005
R-CAJohn T. DoolittleFeb 8, 2005
R-TXLouie GohmertFeb 8, 2005
D-GUMadeleine Z. BordalloFeb 8, 2005
R-COMarilyn N. MusgraveFeb 8, 2005
R-INMike PenceFeb 8, 2005
R-MIMike RogersFeb 8, 2005
R-PAPhil EnglishFeb 8, 2005
R-FLRic KellerFeb 8, 2005
R-NJScott GarrettFeb 8, 2005
R-ALSpencer BachusFeb 8, 2005
R-AZTrent FranksFeb 8, 2005
R-CAWally HergerFeb 8, 2005
R-NCWalter B. JonesFeb 8, 2005
R-CAGary G. MillerFeb 9, 2005
R-AZJeff FlakeFeb 9, 2005
R-INJohn N. HostettlerFeb 9, 2005
R-INMichael E. SodrelFeb 9, 2005
R-ILRay LaHoodFeb 9, 2005
R-MDRoscoe G. BartlettFeb 9, 2005
R-NCSue Wilkins MyrickFeb 9, 2005
R-COThomas G. TancredoFeb 9, 2005
R-PATim MurphyFeb 9, 2005
R-CAGeorge RadanovichFeb 10, 2005
R-KYHarold RogersFeb 10, 2005
R-TXJeb HensarlingFeb 10, 2005
R-COJoel HefleyFeb 10, 2005
R-WVShelley Moore CapitoFeb 10, 2005
R-TXK. Michael ConawayFeb 15, 2005
R-TNMarsha BlackburnFeb 15, 2005
R-ALMike RogersFeb 15, 2005
R-GAPhil GingreyFeb 15, 2005
R-MORoy BluntFeb 15, 2005
R-ALTerry EverettFeb 15, 2005
R-CAWilliam M. ThomasFeb 15, 2005
R-LACharles W. Boustany, Jr.Feb 17, 2005
R-INDan BurtonFeb 17, 2005
R-SCJ. Gresham BarrettFeb 17, 2005
R-INChris ChocolaMar 1, 2005
R-AZJim KolbeMar 1, 2005
R-OHMichael G. OxleyMar 1, 2005
R-OHMichael R. TurnerMar 1, 2005
R-FLTom FeeneyMar 1, 2005
R-NMStevan PearceMar 3, 2005
R-OKTom ColeMar 3, 2005
R-PABill ShusterMar 8, 2005
R-VABob GoodlatteMar 8, 2005
R-MIJoe KnollenbergMar 8, 2005
R-PAMelissa A. HartMar 8, 2005
R-TXTom DeLayMar 8, 2005
R-ALJo BonnerMar 10, 2005
R-ALRobert B. AderholtMar 10, 2005
R-FLDave WeldonMar 14, 2005
R-VAJ. Randy ForbesMar 14, 2005
R-TXRalph M. HallMar 14, 2005
R-NYVito FossellaMar 14, 2005
R-FLCliff StearnsMar 15, 2005
R-OHDavid L. HobsonMar 16, 2005
R-MTDenny RehbergMar 16, 2005
R-OKJohn SullivanMar 16, 2005
R-COBob BeauprezMar 17, 2005
R-CAElton GalleglyMar 17, 2005
R-UTChris CannonApr 5, 2005
R-FLConnie MackApr 5, 2005
R-TXJoe BartonApr 5, 2005
R-ILMark KirkApr 5, 2005
R-MSRoger F. WickerApr 5, 2005
R-ILTimothy V. JohnsonApr 6, 2005
R-IATom LathamApr 6, 2005
R-MNGil GutknechtApr 12, 2005
R-ILJohn ShimkusApr 12, 2005
R-CAKen CalvertApr 12, 2005
D-CABarbara LeeApr 13, 2005
R-TXLamar SmithApr 13, 2005
R-FLMario Diaz-BalartApr 13, 2005
R-TXMichael C. BurgessApr 13, 2005

Withdrew 2 Gregory W. Meeks D-NY Mar 16, 2005·Edolphus Towns D-NY Apr 13, 2005

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Feb 2, 2005Markup Mar 16, 2005Reported Apr 13, 2005
SenateHealth, Education, Labor, and Pensions Committee
Referred Jul 27, 2005

Actions 21

Everything that happened, newest first.

  1. Jul 27, 2005Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  2. Jul 26, 2005Rule H. Res. 379 passed House.
  3. Jul 26, 2005Considered under the provisions of rule H. Res. 379. (consideration: CR H6477-6509; text of measure as reported in House: CR H6478-6484)
  4. Jul 26, 2005Rule provides for consideration of H.R. 525 with 1 hour of general debate. 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.
  5. Jul 26, 2005DEBATE - The House proceeded with one hour of debate on H.R. 525.
Show all 21 actions

In the Congressional Record 11

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.

WhereIn the RecordMembersDate
HouseDebate and remarks H2185, H2308Phil Gingrey R-GA, Ric Keller R-FLMay 9, 2006
HouseDebate and remarks H2084Phil Gingrey R-GAMay 3, 2006
HouseDebate and remarks H1065Sue W. Kelly R-NYMar 16, 2006
ExtensionsDebate and remarks E1665Jim Ryun R-KSJul 29, 2005
House · ExtensionsDebate and remarks E1635, E1637, E1640, H6656Dennis J. Kucinich D-OH, James R. Langevin D-RI, Tammy Baldwin D-WI, Virginia Foxx R-NCJul 27, 2005
Show all 11 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Apr 8, 2005H.R. 525, Small Business Health Fairness Act of 2005<p>Cost estimate for the bill as ordered reported by the House Committee on Education and the Workforce on March 16, 2005</p>
  2. Apr 8, 2005H.R. 525, Small Business Health Fairness Act of 2005Cost estimate for the bill as ordered reported by the House Committee on Education and the Workforce on March 16, 2005

Printed hearings 5

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 109-63HEALTHCARE AND SMALL BUSINESS: REAL OPTIONS FOR COLORADO BUSINESSES57 pagesSmall Business CommitteeAug 10, 2006
Serial No. 109-49HEALTHCARE AND SMALL BUSINESS: PROPOSALS THAT WILL HELP LOWER COSTS AND COVER THE UNINSURED117 pagesSmall Business CommitteeApr 27, 2006
S. Hrg. 109-120SMALL BUSINESSES AND HEALTH INSURANCE: EASING COSTS AND EXPANDING ACCESS58 pagesHealth, Education, Labor, and Pensions CommitteeApr 21, 2005
Serial No. 109-12REMOVING OBSTACLES TO JOB CREATION: HOW CAN THE FEDERAL GOVERNMENT HELP SMALL BUSINESSES REVITALIZE THE ECONOMY?74 pagesSmall Business CommitteeApr 21, 2005
S. Hrg. 109-110SOLVING THE SMALL BUSINESS HEALTH CARE CRISIS: ALTERNATIVES FOR LOWERING COSTS AND COVERING THE UNINSURED353 pagesSmall Business and Entrepreneurship CommitteeApr 20, 2005

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 514An amendment in nature of a substitute to require the Department of Labor to establish a Small Employer Health Benefits Plan similar to the Federal Employees Health Benefits Plan. Requires the Secretary to widely disseminate information about SEHB through the media, internet, public service announcements, and other employer and employee directed communications. Employers with fewer than 100 employees during the previous calendar year shall be eligible to apply for coverage under SEHB.Ron Kind D-WIOn agreeing to the Kind amendment (A001) Failed by the Yeas and Nays: 197 - 230 (Roll no. 424).

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HRES 379Providing for consideration of the bill (H.R. 525) 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.Procedurally relatedJul 26, 2005
S 406Small Business Health Fairness Act of 2005Related billMay 9, 2006

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 2005
Short Titles as Reported to House
Small Business Health Fairness Act of 2005
Short Titles as Passed House
Small Business Health Fairness Act of 2005

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 4

Each version as it was printed, newest first.

  1. Jul 27, 2005Referred in Senate
  2. Jul 26, 2005Engrossed in House
  3. Apr 13, 2005Reported in House
  4. Feb 2, 2005Introduced in House

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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.