The Self-Insurance Protection Act (SIPA), as proposed, amends the definition of “health insurance coverage” under the Public Health Services Act (PHSA), ERISA, and the US Tax Code, to clarify that stop-loss insurance is not health insurance. The legislation does not amend the Affordable Care Act (ACA).
The legislation is needed to prevent various forces with the executive branch from pursuing a federal rule-making process that would restrict the availability of stop-loss insurance. Specifically, it is believed that the Federal Departments may interpret the definition of “health insurance coverage” to include stop-loss insurance with a specified “attachment point.”
To date, the executive branch has taken several steps to arrive at the conclusion that stop-loss insurance is health insurance. In effect, the executive branch would make it much more difficult to self insure health risk.
To help in this legislative effort, please contact your representatives in Washington. CIM has sample letters and other materials that you may use in this effort. The Self-Insurance Institute of America, Inc. (SIIA) is leading the effort in DC. We are supporters of those efforts. Please contact us for further information.