Multiple Employer Health Benefits Protection Act of 1991

Summary

Multiple Employer Health Benefits Protection Act of 1991 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Beneift 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 provide benefits consisting solely on specified medical care, which is not fully insured, and with respect to which a specified certificate of compliance is in effect or there is pending a complete application for such a certificate and the Secretary of Labor (the Secretary) determines that provision protection under this Act is appropriate. Sets forth requirements for such certificate of compliance, including provisions for: (1) application information and filing fee; (2) issuance of certificate; (3) treatment of party seeking the certificate where the party is subject to disqualification for specified reasons; and (4) franchise networks. Sets forth additional filing requirements, including: (1) notice of material changes; (2) annual reports; (3) engagement of qualified actuary; and (4) filing certificates of compliance with States. Sets forth requirements for disclosures to participating employees. Requires MEWAs with certificates of compliance under this Act and which are not fully insured to maintain specified types of reserves. Requires a specified minimum amount for certain of such reserves. Sets forth transitional rules for meeting escrow requirements. Requires the qualified actuary to include, in determining the amount of such required reserves, a margin for error and other fluctuations taking into account the specific circumstances of such MEWA. Requires such MEWAs to establish and maintain for each plan year aggregate and specific excess/stop loss coverage in a prescribed manner and amount. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid suspension or revocation of certification; or (2) in connection with termination of the MEWA. Sets forth provisions for certification: (1) expiration and renewal; (2) suspension or revocation by the Secretary or under court proceedings; (3) surrender and notification of participating employees; and (4) expiration, suspension, and revocation publication. Sets forth provisions for review of actions by the Secretary with respect to denials of applications for, or suspensions or revocations of, such certificate of compliance. Revises ERISA provisions relating to: (1) a specified exemption from preemption; (2) the definition of plan sponsor; and (3) treatment of single employer arrangements. Directs the Secretary to prescribe an alternative means of distribution of summary plan descriptions by participating employers, in the case of MEWAs. Requires MEWAs which provide medical care health benefits and which are not fully insured and which have not been certified under this Act to file specified registration statements with the Secretary and with the Insurance Commissioner (or similar official) of each State in which they conduct business.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 26 June 1991

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