State flexibility in regulation of health insurance coverage

(a) In general States are given the flexibility under section 122(b) to revise their regulations of the health insurance marketplace, without regard to many of the requirements imposed under Public Law 111–148, in order to promote freedom of choice of affordable health insurance coverage options offered outside of an Exchange. (b) Construction Nothing in the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1001 et seq.) or of any amendments made by the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) shall be interpreted as preventing an employer from offering, or making an employer contribution towards, individual health insurance coverage for employees and dependent family members. (c) Association health plans Nothing in this Act shall be construed as prohibiting the formation of association health plans (as defined under State law). (d) High-Risk pools Nothing in this Act shall be construed as prohibiting States from establishing pooling arrangements for high-risk individuals.