The Employee Health Care Protection Act Protects Small Businesses and Their Employees

Press Release

House Small Business Committee Sam Graves (R-MO) today released the following statement on House passage of the Employee Health Care Protection Act (HR 3522), which would give Americans in the group insurance market the opportunity to keep their policies in 2014 through 2019 and also give small businesses and their workers the option to choose plans even if they don't comply with the Affordable Care Act's rules.

"Complying with Obamacare has been a nightmare for small businesses. Under the health care law's rules, costs are increasing for nearly two-thirds of small businesses that provide health insurance to their employees, according to a CMS report released in February. The frequent delays and changes with the Small Business Health Options Program (SHOP) have also made assurances of more competition and choice ring hollow. Despite the President's promise that you could keep your plan, millions of Americans have had their plans cancelled, and many employees of small businesses are likely to get those notices this Fall. The Employee Health Care Protection Act is desperately needed because it gives small businesses and their workers the option to keep or choose the health plan they want, despite the ACA's benefit requirements. This will provide more affordable options than what is available under Obamacare."

The Committee has conducted extensive oversight of the Small Business Health Options Program this Congress. In June, Graves wrote to CMS Administrator Marilyn Tavenner to again request information about the SHOP enrollment. In January, Graves requested enrollment numbers and related information from Health and Human Services Secretary Kathleen Sebelius. To date, the information has not been produced.

List of SHOP delays and mismanagement:

-On April 1, 2013, the Obama Administration announced that the employer health insurance choice on the federal SHOP exchanges would be delayed until 2015, limiting employers to one single plan.

-On June 19, 2013, a GAO report requested by Chairman Graves confirmed the administration was ill-equipped for the implementation of the SHOPs, showing potential for "implementation challenges going forward."

-On September 26, 2013, HHS announced the SHOPs online enrollment would be postponed from October 1 until November, forcing small businesses to enroll using paper forms. That same day, White House Press Secretary Jay Carney clarified the enrollment would begin on November 1, 2013.

-During a Ways and Means Committee hearing on October 29, 2013, CMS Administrator Marilyn Tavenner said the SHOPs would be operating at the end of November.

-On November 22, 2013, the Administration extended the Obamacare federal exchange signup deadline (for January 1 coverage) from December 15 to December 23.

-On November 27, 2013, the day before Thanksgiving, the Administration announced a fourth SHOP-related delay, postponing online enrollment for a full year.

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