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H. Rept. 115-53,Part 1 1 (2017-03-20)

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                     115TH  CONGRESS                                        REPT. 115-53
                         1st Session  j HOUSE OF REPRESENTATIVES                Part 1






                                   SELF-INSURANCE PROTECTION ACT



                                        MARCH 20, 2017.-Ordered to be printed



                       Ms. Foxx,  from  the Committee   on Education  and  the Workforce,
                                            submitted  the  following


                                               REPORT

                                                 together  with

                                              MINORITY VIEWS

                                              [To accompany H.R. 1304]

                       The  Committee on Education and the Workforce, to whom was
                     referred the bill (H.R. 1304) to amend  the  Employee  Retirement   In-
                     come  Security  Act of 1974,  the Public Health  Service  Act, and the
                     Internal  Revenue   Code  of 1986  to exclude  from  the  definition of
                     health  insurance  coverage  certain medical   stop-loss insurance  ob-
                     tained  by certain plan  sponsors of group  health  plans, having  con-
                     sidered the same,  report favorably  thereon with  an amendment and
                     recommend that the bill   as amended   do pass.
                       The  amendment is as follows:
                       Strike  all after the enacting clause and insert the following:
                     SECTION 1. SHORT TITLE.
                       This Act may be cited as the Self-Insurance Protection Act.
                     SEC. 2. CERTAIN MEDICAL STOP-LOSS INSURANCE OBTAINED BY CERTAIN PLAN SPONSORS
                             OF GROUP HEALTH PLANS NOT INCLUDED UNDER THE DEFINITION OF HEALTH
                             INSURANCE COVERAGE.
                       (a) ERISA.-Section 733(b)(1) of the Employee Retirement Income Security Act of
                     1974 (29 U.S.C. 1191b(b)(1)) is amended by adding at the end the following sen-
                     tence: Such term shall not include a stop-loss policy obtained by a self-insured
                     health plan or a plan sponsor of a group health plan that self-insures the health
                     risks of its plan participants to reimburse the plan or sponsor for losses that the
                     plan or sponsor incurs in providing health or medical benefits to such plan partici-
                     pants in excess of a predetermined level set forth in the stop-loss policy obtained
                     by such plan or sponsor..
                       (b) PHSA.-Section 2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-
                     91(b)(1)) is amended by adding at the end the following new sentence: Such term
                     shall not include a stop-loss policy obtained by a self-insured health plan or a plan
                     sponsor of a group health plan that self-insures the health risks of its plan partici-
                     pants to reimburse the plan or sponsor for losses that the plan or sponsor incurs


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