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H.R.1101 / 115th Congress

Small Business Health Fairness Act of 2017

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Official summary

Version 36 · Passed House amended · Mar 22, 2017

Small Business Health Fairness Act of 2017

(Sec. 2) This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the establishment and governance of association health plans (AHPs), which are group health plans sponsored by business associations.

The bill establishes requirements for AHPs relating to certification, sponsors and boards of trustees, participation and coverage, nondiscrimination, contribution rates, and voluntary termination.

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AHPs offering benefits that are not health insurance must: (1) establish and maintain sufficient reserves and stop-loss insurance to cover those benefits, and (2) make annual payments to a fund to be used to pay for stop-loss insurance for such AHPs for which there is a reasonable expectation that claims would not be satisfied without such insurance. AHPs that fail to meet these requirements are subject to termination.

The Department of Labor must establish a Solvency Standards Working Group.

States may tax contributions to AHPs, with certain conditions.

The bill preempts state laws that preclude health insurers from: (1) offering health insurance in connection with a certified AHP; or (2) offering health insurance of the same policy type to other employers in the state that are eligible for coverage under AHPs.

(Sec. 4) The bill establishes criminal penalties for willfully making false representations regarding an AHP.

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Who introduced it

Rep. Johnson, Sam [R-TX-3] · R–TX

Committees

  • Health, Education, Labor, and Pensions Committee
  • Education and Workforce Committee
37 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On passage Passed by recorded vote: 236 - 175 (Roll no. 186).

    House roll call 186 · Individual votes
  4. Passed/agreed to in House: On passage Passed by recorded vote: 236 - 175 (Roll no. 186).

    House roll call 186 · Individual votes
  5. On motion to recommit with instructions Failed by the Yeas and Nays: 179 - 233 (Roll no. 185).

    House roll call 185 · Individual votes
  6. The previous question on the motion to recommit with instructions was ordered without objection.

  7. DEBATE - The House proceeded with 10 minuted of debate on the Shea-Porter motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require plans to provide coverage for substance use disorder treatments, including treatment for opioid use.

  8. Ms. Shea-Porter moved to recommit with instructions to the Committee on Education and the Workforce. (text: CR H2328)

  9. DEBATE - Pursuant to the provisions of H.Res. 210, the House proceeded with 10 minutes of debate on the Herrera Beutler amendment No. 1.

  10. DEBATE - The House proceeded with one hour of debate on H.R. 1101.

  11. Rule provides for consideration of H.R. 1101 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. Specified amendment is in order.

  12. Considered under the provisions of rule H. Res. 210. (consideration: CR H2312-2330; text of measure as reported in House: CR H2312-2318)

  13. Rule H. Res. 210 passed House.

  14. Rules Committee Resolution H. Res. 210 Reported to House. Rule provides for consideration of H.R. 1101 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. Specified amendments are in order.

  15. Placed on the Union Calendar, Calendar No. 23.

  16. Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 115-43.

  17. Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 115-43.

  18. Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 17.

  19. Committee Consideration and Mark-up Session Held.

  20. Referred to the House Committee on Education and the Workforce.

  21. Introduced in House

  22. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Jul 21, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.1101 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.1101 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

Examine H.R.1101 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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