,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fgab ,,in ,,the ,,house ,,of ,,representatives ,may #e1 #bjbj,mr4 ,curtis 7for himself1 ,mr4 ,arrington1 and ,mr4 ,hice of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,employee ,retirement ,income ,security ,act of #aigd to allow health share pools to be deemed an employer under section #c7e7 of such ,act for purposes of offering a group health plan or group health insurance coverage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,healthshare ,plans ,act of #bjbj4 #b4 ,healthshare pools deemed an employer for purposes of offering group health plans or group health insurance coverage 7a7 ,definition of employer ,section #c7e7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7e77 is amended by adding at the end the following3 ,such term shall be deemed to include1 for purposes of offering a group health plan 7as defined in section #gcc7;a77#a77 or group health insurance coverage 7as defined in section #gcc7;b77#d77 7which1 notwithstanding any other provision of law1 may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with section #gce7;b77#e77;,b771 any entity that meets the requirements under section #gce7;b744 7b7 ,group health plans and group health insurance coverage ,part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #gce4 ,healthshare pools deemed an employer for purposes of offering group health plans or group health insurance coverage 7a7 ,in general ,an entity 7referred to in this section as a healthshare pool7 that meets the requirements under subsection 7b7 shall be deemed an employer under section #c7e7 for purposes of offering a group health plan or group health insurance coverage 7which1 notwithstanding any other provision of law1 may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection 7b77#e77;,b774 7b7 ,requirements for healthshare pools ,the requirements under this subsection are each of the following3 7#a7 ,organization ,the healthshare pool shall-- 7,a7 be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members2 and 7,b7 not condition membership in the healthshare pool on any health status-related factor relating to an individual 7including an employee of an employer or a dependent of an employee74 7#b7 ,offering group health plans and group health insurance coverage 7,a7 ,different groups 7i7 ,in general ,the healthshare pool1 which may be in conjunction with a health insurance issuer that offers group health insurance coverage through the healthshare pool1 shall make available a group health plan or group health insurance coverage to all members of the healthshare pool 7and1 in the case of members that are employers1 employees of the employers7 at rates that-- 7,i7 are established by the healthshare pool1 or a health insurance issuer contracting with such healthshare pool1 on a policy or product specific basis2 and 7,,ii7 subject to sections #gja and #gjb1 may vary for individuals covered through the healthshare pool4 7ii7 ,permissible coverage for dependents ,such group health plan or group health insurance coverage may be made available under clause 7i7 to any dependents of members of the healthshare pool or dependents of employees of employers that are such members4 7,b7 ,nondiscrimination in coverage offered 7i7 ,in general ,subject to clause 7ii71 the healthshare pool may not offer coverage under a group health plan or group health insurance coverage to a member of the healthshare pool unless the same coverage is offered to all such members of the healthshare pool4 7ii7 ,construction ,nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan1 or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual1 subject to the requirements under sections #gja and #gjb4 7,c7 ,assumption of risk ,the healthshare pool may provide-- 7i7 group health insurance coverage through a contract with a health insurance issuer2 or 7ii7 a group health plan through self-insurance4 7#c7 ,geographic areas ,nothing in this subsection shall be construed as preventing the establishment and operation of more than #a healthshare pool in a geographic area or as limiting the number of healthshare pools that may operate in any area4 7#d7 ,provision of administrative services to purchasers ,the healthshare pool may provide administrative services for members4 ,such services may include accounting1 billing1 and enrollment information4 7#e7 ,drug coverage ,the group health plan or group health insurance coverage offered by the healthshare pool may offer-- 7,a7 drug coverage1 including coverage of over-the-counter drugs1 in combination with other benefits covered by the group health plan or group health insurance coverage2 or 7,b7 notwithstanding any other provision of law1 drug coverage1 including coverage of over-the-counter drugs1 as the only benefit covered by the group health plan or group health insurance coverage4 7#f7 ,members 7,a7 ,in general ,with respect to an individual who is a member of the healthshare pool-- 7i7 the individual may enroll for coverage under the group health plan or group health insurance coverage offered by the healthshare pool 7including1 if applicable1 enrollment for coverage for a dependent of such individual72 or 7ii7 the employer of the individual may enroll the individual for coverage under the group health plan or group health insurance coverage offered by the healthshare pool 7including1 if applicable1 enrollment for coverage for a dependent of such individual74 7,b7 ,eligibility ,an individual shall be eligible to be a member of the healthshare pool if such individual is-- 7i7 a member of an entity that establishes or joins the healthshare pool 7or a dependent of such a member1 as applicable72 7ii7 an employee of a member of an entity described in clause 7i7 7or a dependent of such an employee1 as applicable72 or 7iii7 an employee of an entity 7or a dependant of such an employee1 as applicable7 controlled by a member of an entity described in clause 7i74 7,c7 ,rules for enrollment ,nothing in this paragraph shall preclude the healthshare pool from establishing rules of enrollment and reenrollment of members4 ,such rules shall be applied consistently to all members within the healthshare pool and shall not be based in any manner on health status-related factors in accordance with sections #gja and #gjb4 7c7 ,determination of employer and joint employer status ,participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any ,federal or ,state law-- 7#a7 an employer relationship for any purpose other than offering the group health plan or group health insurance coverage2 or 7#b7 a joint employer relationship for any purpose4 7d7 ,definition ,in this section1 the term dependent1 as applied to a group health plan or group health insurance coverage offered in a ,state1 shall have the meaning applied to such term with respect to such plan or coverage under the ,state law applying to such plan or coverage4 ,such term may include the spouse and children of the individual involved in accordance with such ,state law4 4 #c4 ,conforming amendments ,section #c of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7 is amended-- 7#a7 in paragraph 7#f71 by inserting before the period 1 except 7with respect to an entity meeting the requirements under section #gce7;b77 such term includes any member of such entity2 7#b7 in paragraph 7#ba7-- 7,a7 in subparagraph 7,a71 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 and 7,b7 by adding at the end the following3 7,c7 ,with respect to a person that is a member of an entity 7referred to in section #gce and this subparagraph as a healthshare pool7 that meets the requirements of subsection 7b7 of such section and offers a group health plan 7as defined in section #gcc7;a77#a77 or group health insurance coverage 7as defined in section #gcc7;b77#d77 7which1 notwithstanding any other provision of law1 may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage71 membership in the healthshare pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage4 2 and 7#c7 in paragraph 7#dj77;,a7-- 7,a7 in clause 7ii71 by striking 1 or and inserting 12 7,b7 in clause 7iii71 by striking the period and inserting 1 or2 and 7,c7 by adding at the end the following3 7iv7 as a group health plan 7as defined in section #gcc7;a77#a771 or group health insurance coverage 7as defined in section #gcc7;b77#d771 offered by an entity meeting the requirements under section #gce7;b7 7which1 notwithstanding any other provision of law1 may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage74 4