PolicyBrief
H.R. 379
119th CongressJan 14th 2025
Healthcare Freedom and Choice Act
IN COMMITTEE

This bill nullifies the recent federal rule restricting short-term, limited-duration insurance plans, thereby preserving broader access to these coverage options.

Earl "Buddy" Carter
R

Earl "Buddy" Carter

Representative

GA-1

LEGISLATION

Healthcare Freedom and Choice Act Nullifies Short-Term Insurance Rule: Impacting Consumer Protections and Coverage Options

The Healthcare Freedom and Choice Act targets a recent federal regulation that expanded the availability of short-term, limited-duration insurance (STLDI) plans. Specifically, Section 2 of this bill nullifies the final rule published at 89 Fed. Reg. 23338, which was a joint effort by the IRS and the Departments of Labor and Health and Human Services. By striking down this rule, the bill effectively halts the expansion of health plans that operate outside the traditional requirements of the Affordable Care Act (ACA).

The Trade-Off Between Premiums and Protection

These short-term plans are often marketed as a budget-friendly alternative to standard insurance because they carry lower monthly premiums. However, the catch is that they aren't required to follow ACA mandates. This means they can deny coverage for pre-existing conditions, set annual or lifetime dollar limits on care, and skip covering "essential health benefits" like maternity care or prescription drugs. For a freelance graphic designer or a construction contractor looking for a cheap safety net, these plans might look like a win for the wallet initially, but Section 2 ensures that the recent push to make these plans a more permanent fixture in the market is stopped in its tracks.

Real-World Risks for the Underinsured

The primary concern with nullifying this expansion involves the financial risk shifted back to the consumer. If you’re a healthy 30-year-old, a limited plan might seem fine until an unexpected appendectomy or a chronic diagnosis occurs. Because these plans lack ACA protections, a patient could find themselves facing massive out-of-pocket bills that the insurance simply isn't required to pay. By preventing the expansion of these plans, the bill maintains a regulatory environment where most available insurance must meet a baseline of comprehensive coverage, though it may leave those who cannot afford ACA premiums with fewer low-cost options.

Impact on the Broader Healthcare System

Beyond individual bank accounts, this bill impacts how the healthcare system handles uncompensated care. When individuals hold "skinny" plans that don't cover major emergencies, hospitals often end up absorbing the costs of treatment, which can eventually trickle down to higher costs for everyone else. While the bill’s title suggests "Freedom and Choice," the actual text focuses on restricting a specific type of insurance model that critics argue creates a secondary, less-regulated market. For the average worker, this means the "choice" to opt into a cheaper, less-protective plan will remain limited, keeping the focus on comprehensive, ACA-compliant insurance standards.