PolicyBrief
S. 2641
119th CongressAug 1st 2025
Health Care Freedom and Choice Act
IN COMMITTEE

This Act nullifies the recent federal rule concerning Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage.

Ron Johnson
R

Ron Johnson

Senator

WI

LEGISLATION

New Act Voids Federal Rule on Short-Term Health Plans: What Does It Mean for Your Coverage?

The aptly named Health Care Freedom and Choice Act is starting with a bang—or perhaps, a regulatory erasure. Section 2 of this bill makes one thing crystal clear: it completely nullifies a specific, recently published rule concerning Short-Term, Limited-Duration Insurance (STLD) and related excepted benefits coverage. That final rule, issued jointly by the IRS, the Department of Labor (EBSA), and the Centers for Medicare & Medicaid Services (CMS), is effectively wiped off the books, meaning the federal guardrails put in place by that rule for these specific insurance products are gone.

The Return of the Short-Term Plan Wild West?

If you're busy and juggling family budgets, you might be asking, "What even is STLD insurance?" Think of it as the budget airline of health coverage. These plans typically offer lower monthly premiums than plans compliant with the Affordable Care Act (ACA), but they also don't have to cover essential health benefits, pre-existing conditions, or annual out-of-pocket maximums in the same way. The rule this Act cancels was put in place to regulate these plans, setting limits on their duration and clarifying what they could cover, largely to protect consumers from buying an inadequate plan by mistake. By nullifying this rule, the Health Care Freedom and Choice Act essentially removes those limits, making it easier for insurers to sell these less comprehensive plans.

The Trade-Off: Choice vs. Catastrophe

For some people—say, a healthy freelancer who only needs catastrophic coverage or someone between jobs—the nullification might feel like a win. It could mean more options for very cheap monthly premiums, fulfilling the "choice" part of the bill's title. But here’s the rub: When regulations are removed, the consumer protection net often gets holes in it. The risk is that individuals, especially those shopping quickly online, might sign up for an STLD plan thinking it’s full coverage, only to discover during a serious illness—like a sudden surgery or a chronic condition flare-up—that the plan doesn't cover their needs or has severe limits. This action directly affects consumers who rely on clear, comprehensive coverage, and it creates uncertainty for those who might inadvertently purchase an inadequate plan under the impression that it meets federal standards.

Who Benefits and Who Pays?

In the short term, insurance companies selling these STLD plans benefit from the reduced regulatory burden, allowing them to market and sell these products more aggressively. Consumers seeking the lowest possible premium also benefit, provided they understand the massive trade-offs in coverage. The long-term cost, however, could be borne by those who rely on the comprehensive coverage mandated by the ACA. If too many healthy people opt for these cheaper, less comprehensive plans, it could potentially destabilize the broader insurance market by leaving the regulated, comprehensive plans with a sicker, more expensive risk pool. This section of the Act is purely procedural—it cancels a rule—but the policy effect is a significant step toward deregulation in the health insurance market, shifting the balance from consumer protection toward market flexibility.