Multiple Employer Health Benefits Protection Act of 1993

Summary

Multiple Employer Health Benefits Protection Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Benefit Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provides benefits consisting solely of specified medical care, which is not fully insured, and which applies for and receives a specified exemption. Sets forth exemption procedures, as well as additional requirements applicable to exempted arrangements. Requires certain disclosures to participating employees. Requires exempted MEWAs which are not fully insured to maintain specified types of reserves. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid depletion of reserves; or (2) in connection with termination of the MEWA. Provides for review of actions by the Secretary of Labor with respect to denials of applications for, or suspensions or revocations of, such exemptions. Revises ERISA with respect to: (1) a specified exemption from preemption; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. Sets forth ERISA requirements relating to employee leasing health care arrangements (ELHAs). Provides for treatment of ELHAs as MEWAs, with certain exceptions. Sets forth special rules under which an ELHA may receive a MEWA exemption. Includes under such exemption requirements: (1) a minimum three-year lessor tenure; (2) solicitation restrictions; (3) creation of an employment relationship, involving disclosure statements, informed consent, and informed recruitment of the lessee's employees; and (4) a requisite employer-employee relationship under the ELHA. Allows delegation to a State of some or all of the Secretary's enforcement authority with respect to MEWAs with exemptions. Directs the Secretary to provide enforcement and technical assistance to the States with respect to MEWAs.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 10 March 1993

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• Introduced in House (PDF)

  Introduced in House · EN · 10 March 1993

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• Introduced in House

  summary · EN · 10 March 1993

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