Explore our legislative frameworks and policy proposals designed to enhance market stability and consumer protection in health insurance.
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Proposal to transition ACA subsidies from IRS-managed tax credits to HHS-managed income-based advance subsidies for real-time accuracy and access.
Status: Shared With House
Transfers administration of APTC from IRS to HHS
Enables prior-year income verification for self-employed households
Supports real-time eligibility without tax filing penalties
Improves reconciliation accuracy and reduces improper payments
Proposal to revise the ACA's employer mandate by raising the large employer exmption threshold from 30 to 50 full-time equivalent employees, aligning it with ALE group market definitions.
Status: Shared with House. Proposed to Ways & Means
Raises employer mandate exemption threshold to exempt employer from paying penalty on first 50 FTEs instead of first 30.
Creates consistency with state small group market rules
Encourages ICHRA adoption among small-to-midsize employers
Reduces administrative burden and compliance risk for growing businesses
Amends Section 125 of the tax code to allow pre-tax salary reduction for ACA marketplace premiums when opting out of APTC under an ICHRA and enrolling via an exchange.
Status: Draft Completed
Adds ยง125(f)(3)(C) carveout to support ICHRA salary reduction
Requires APTC opt-out to avoid double benefit
Aligns tax treatment for on-exchange and off-exchange enrollees
Empowers employees to choose marketplace plans with tax savings
Concept proposal for a supplemental Health Reimbursement Arrangement that helps large employers address regional disparities in provider access by reimbursing out-of-network services, travel for care, and other benefits not covered by individual market plans. LAHRA would complement ICHRA by restoring employer flexibility in areas with narrow networks or limited plan options.
Status: Exploratory Phase
Designed for large employers (100+ FTEs) offering ICHRA in underserved regions
Provides a capped, employer-funded account to supplement ACA marketplace plans
Covers wraparound services like out-of-network care, travel expenses, or specialty access
Use-it-or-lose-it structure minimizes fiscal risk and maintains compliance boundaries
Establishes statutory authority for employers to fund wrap benefits for narrow-network marketplace plans when using an ICHRA.
Status: Exploratory Phase
Creates framework for employer-funded wrap networks
Expands access for employees in network-inadequate regions
Supports emergency and specialty care gaps
Facilitates fair competition with traditional group plans