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This regulatory action is being proposed in response to Executive Order 13813, Promoting Healthcare Choice and Competition Across the United States, and would increase the usability of HRAs, to expand employers' ability to offer HRAs to their employees, and to allow HRAs to be used in conjunction with nongroup coverage.

Statement of Need:

This regulatory action is being proposed in response to Executive Order 13813, "Promoting Healthcare Choice and Competition Across the United States."  The Executive Order directs the Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) to consider proposing regulations or revising guidance consistent with law and sound policy to increase the usability of health-reimbursement arrangements (HRAs), to expand employers' ability to offer HRAs to their employees, and to allow HRAs to be used in conjunction with nongroup coverage.

Summary of the Legal Basis:

Current joint final regulation issued by the Departments prohibited HRA integration with individual market policies.  See 26 CFR 54.9815.2711, 29 CFR 2590.715-2711, and 45 CFR 147.126.  The Departments are considering proposing regulations that would permit integration and expand usability of HRAs in certain circumstances. 

Alternatives:

To be determined.

Anticipated Costs and Benefits:

To be determined.

Risks:

To be determined.