Employer Health Plan Flexibility Act
Latest action (21 Jul 2026): Introduced
What this bill does
H.R. 9798, the Employer Health Plan Flexibility Act, would amend ERISA and the Public Health Service Act so that employer-sponsored group health plans governed by ERISA would no longer be required, under federal law, to cover the Affordable Care Act's "Essential Health Benefits" (the categories of care ACA-compliant plans must include, such as maternity care, mental health services, and prescription drugs). The bill directs HHS to update related regulations accordingly, but preserves other federal requirements, including HIPAA portability and nondiscrimination rules, mental health parity law, COBRA continuation coverage, ERISA fiduciary duties, applicable tax code provisions, nondiscrimination rules, and preventive services requirements.
The bill would primarily affect employers that sponsor ERISA-covered group health plans, who would gain flexibility to design benefit packages without mandating the ACA's essential health benefits categories, and their employees and dependents, who could see changes in covered services depending on how employers redesign plans. Plans using this exemption would have to give participants an annual notice describing covered benefits, listing any essential health benefits not covered, explaining cost-sharing, and telling them how to get the plan's Summary Plan Description. Employers could still choose to voluntarily provide essential health benefits, and the bill does not change existing ERISA preemption or state regulation of insurers except as specified.
The bill was introduced on July 21, 2026, by Rep. Rick Allen and referred to the House Committees on Education and Workforce and Energy and Commerce. It has not yet been voted on. If enacted, its changes would apply to plan years beginning on or after January 1, 2028.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill is in the first stage of the legislative process. It was introduced into Congress on July 21, 2026. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.
Common questions
- What does H.R. 9798 do?
- H.R. 9798, the Employer Health Plan Flexibility Act, would amend ERISA and the Public Health Service Act so that employer-sponsored group health plans governed by ERISA would no longer be required, under federal law, to cover the Affordable Care Act's "Essential Health Benefits" (the categories of care ACA-compliant plans must include, such as maternity care, mental health services, and prescription drugs). The bill directs HHS to update related regulations accordingly, but preserves other federal requirements, including HIPAA portability and nondiscrimination rules, mental health parity law, COBRA continuation coverage, ERISA fiduciary duties, applicable tax code provisions, nondiscrimination rules, and preventive services requirements. The bill would primarily affect employers that sponsor ERISA-covered group health plans, who would gain flexibility to design benefit packages without mandating the ACA's essential health benefits categories, and their employees and dependents, who could see changes in covered services depending on how employers redesign plans. Plans using this exemption would have to give participants an annual notice describing covered benefits, listing any essential health benefits not covered, explaining cost-sharing, and telling them how to get the plan's Summary Plan Description. Employers could still choose to voluntarily provide essential health benefits, and the bill does not change existing ERISA preemption or state regulation of insurers except as specified. The bill was introduced on July 21, 2026, by Rep. Rick Allen and referred to the House Committees on Education and Workforce and Energy and Commerce. It has not yet been voted on. If enacted, its changes would apply to plan years beginning on or after January 1, 2028.
- Has H.R. 9798 become law?
- Not yet. As of 21 Jul 2026, H.R. 9798 is introduced.
- Who sponsored H.R. 9798?
- H.R. 9798 was sponsored by Rep. Rick Allen [R-GA12] (Republican-GA), with 0 cosponsors.
- What's the latest action on H.R. 9798?
- Introduced (21 Jul 2026).
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