What does Preamble of Healthcare Freedom and Fairness Act do?

This bill proposes to amend the Employee Retirement Income Security Act of 1974. The proposed amendment would allow health marketplace pools to be considered employers under section 3(5) of ERISA. This change would enable these pools to offer group health plans or group health insurance coverage.

What does SHORT TITLE. of Healthcare Freedom and Fairness Act do?

This bill is formally titled the Healthcare Freedom and Fairness Act.

What does HEALTH MARKETPLACE POOLS DEEMED AN ``EMPLOYER'' FOR PURPOSES OF of Healthcare Freedom and Fairness Act do?

This section amends the Employee Retirement Income Security Act of 1974 (ERISA) to deem certain entities as 'employers' for the purpose of offering group health plans or group health insurance coverage. These entities are referred to as 'health marketplace pools' and must meet specific requirements to qualify. Requirements include being formed and maintained in good faith for the purpose of forming a risk pool, and not conditioning membership on health status-related factors. Health marketplace pools can offer group health plans or insurance coverage, including those covering only prescription or over-the-counter drugs. The pools can operate through contracts with health insurance issuers or through self-insurance. The legislation clarifies that participating in or facilitating a group health plan under this section does not establish an employer or joint employer relationship for purposes other than offering the plan. Eligibility for membership in a health marketplace pool includes individuals, employees of members, and employees of entities controlled by members.

What does CONFORMING AMENDMENTS. of Healthcare Freedom and Fairness Act do?

This section amends Section 3 of the Employee Retirement Income Security Act of 1974 (ERISA). Amendments are made to paragraph (6) to include entities meeting requirements under section 736(b). Paragraph (21) is amended to include subparagraph (C), which states that membership in a 'health marketplace pool' meeting section 736(b) requirements does not automatically make a person a fiduciary. Paragraph (40)(A) is amended to add clause (iv) regarding group health plans or coverage offered by entities meeting the requirements under section 736(b).

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Healthcare Freedom and Fairness Act

Last updated: 5/29/2026 · Introduced: 5/29/2026

Author: Beth Van Duyne (R-TX)

TL;DR (AI)

This bill amends ERISA to allow 'health marketplace pools' that meet specific criteria to be considered employers for offering group health plans or insurance coverage.
Eligible health marketplace pools can offer various health plans, including those covering prescription drugs, and can operate through insurance contracts or self-insurance.
The legislation clarifies that participating in these pools does not automatically establish employer relationships or fiduciary responsibilities.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

4 sections

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