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H. Rept. 118-112 1 (2023-06-14)

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U.GOVERNMENT
INFORMATION .













                     118TH  CONGRESS                                           REPORT
                         1st Session    HOUSE OF REPRESENTATIVES               118-112






                                    ASSOCIATION HEALTH PLANS ACT



                      JUNE 14, 2023.-Committed to the Committee of the Whole House on the State of
                                         the Union and ordered to be printed



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


                                               R   E  P  O  R   T

                                                 together  with

                                              MINORITY VIEWS

                                              [To accompany H.R. 2868]

                                [Including cost estimate of the Congressional Budget Office]

                       The  Committee on Education and the Workforce, to whom was
                     referred the bill (H.R. 2868) to amend  the  Employee  Retirement   In-
                     come  Security  Act of 1974  to clarify the treatment  of certain asso-
                     ciation health  plans as  employers,  and  for other purposes,  having
                     considered  the same,  reports favorably thereon  with an  amendment
                     and  recommends   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 Association Health Plans Act.
                     SEC. 2. TREATMENT OF GROUP OR ASSOCIATION OF EMPLOYERS.
                       (a) IN GENERAL.-Section 3(5) of the Employee Retirement Income Security Act
                     of 1974 (29 U.S.C. 1002(5)) is amended-
                           (1) by striking The term and inserting (A) The term; and
                           (2) by adding at the end the following:
                       (B) For purposes of subparagraph (A), a group or association of employers shall
                     be treated as an 'employer', regardless of whether the employers composing such
                     group or association are in the same industry, trade, or profession, if such group
                     or association-
                           (i)(I) has established and maintains an employee welfare benefit plan that
                         is a group health plan (as defined in section 733(a)(1));
                           (II) provides coverage under such plan to at least 51 employees after all of
                         the employees employed by all of the employer members of such group or asso-
                         ciation have been aggregated and counted together as described in subpara-
                         graph (D);
                         39-006

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