Transcript Highlights:

• fully insured plan. ...cards to state whether it's a fully insured plan, and certainly because of ERISA
• ERISA plans, however, were not bound by this rule, and psychologists now face lower reimbursement rates
• ERISA plans, however, were not bound by this rule, and psychologists now face lower reimbursement rates
• Standards under ERISA law tend to be much more lenient in terms of how they allow employers to choose
• There's no central online resource to check whether a particular plan is state issued or under ERISA.

Committee: Joint Joint Committee on Financial Services

Summary: The Joint Committee on Financial Services held a lengthy public hearing with testimony on a wide range of health insurance and access-to-care bills. Early testimony focused on prescription drug pricing and pharmacy reimbursement, with supporters of H. 1326 arguing that pharmacy benefit managers and MassHealth managed care arrangements reimburse independent pharmacies too little, contributing to pharmacy closures and “pharmacy deserts.” The committee also heard repeated support for H. 1151/S. 742 on cognitive rehabilitation for acquired brain injury, H. 1288/S. 716 on telehealth parity for nutrition counseling, H. 1309/S. 761 on full-spectrum pregnancy care without cost-sharing, H. 1312 on insurance coverage for doula services, H. 309 on prompt access to health care by removing deductibles for certain services, H. 809/H. 1227 on biomarker testing, H. 1162/S. 810 on reducing inequities in access to medical procedures by limiting insurer cuts tied to Modifier 25, and S. 726 on insurance coverage for mobile integrated health. Testifiers included legislators, physicians, pharmacists, dietitians, emergency and rehabilitation clinicians, and patients and family members. Supporters of the brain injury bill said cognitive rehabilitation is medically necessary, improves long-term outcomes, and can reduce institutional care and public costs; they noted the bill has been heard repeatedly and has support from the Brain Injury Commission and prior favorable committee action. Supporters of the pregnancy care and doula bills described out-of-pocket costs as a barrier to maternal health and shared personal stories of high bills and unmet support needs. Biomarker testing advocates and cancer patients said coverage gaps deny patients access to precision treatment, can lead to avoidable suffering, and should be standardized across insurers; several speakers said insurers often deny claims despite clinical benefit. Dermatology witnesses said insurers’ use of Modifier 25 cuts reimbursement for same-day evaluation and procedure visits, forcing separate appointments and increasing patient burden. Mobile integrated health supporters described home-based care as a way to reduce emergency department use and hospital readmissions, especially for patients with transportation or mobility barriers. No votes or formal committee actions were taken during the hearing itself.

Transcript Highlights:

• One legal, which is our state plan is a self-funded plan, so it's governed by ERISA.
• One legal, which is our state plan is a self-funded plan, so it's governed by ERISA.
• One legal, which is our state plan is a self-funded plan, so it's governed by ERISA.
• One legal, which is our state plan is a self-funded plan, so it's governed by ERISA.
• One legal, which is our state plan is a self-funded plan, so it's governed by ERISA.

Committee: Senate Health and Human Services

Transcript Highlights:

• Certainly in light of House Bill 1584, which is an ERISA preemption bill, we might have some concerns
• this committee, but if I guarantee it goes to conference and have the opportunity... ...which is an ERISA

Committee: House Human Services

Summary: The committee first addressed Senate Bill 2387, which had previously included language expanding the definition of a sexual assault victim advocate to include advocates from organizations serving victims of sexual trafficking or other sexual violence. After concerns were raised that the language could broaden participation in forensic interviews beyond appropriately credentialed organizations, the parties agreed to remove that added language. The committee then reconsidered its prior action, adopted the amendment striking the new language, and passed SB 2387 as amended on a 12-0-1 roll call vote. The bulk of the meeting focused on Representative Nelson’s proposed changes to a 340B-related bill, centered on expanding reporting and transparency requirements. His draft would require hospitals to report how 340B savings are used, and would also add reporting by drug manufacturers, pharmacy benefit managers, and health insurers on rebates, pricing, ownership interests, 340B savings, premiums, claims, and related data. Nelson argued the reporting was needed to give lawmakers better information about how the 340B program affects hospitals, insurers, pharmacies, and public costs, and noted the Department of Corrections also benefits from the program. Testimony was mixed but generally supportive of more transparency. Sanford Health Plan said it needed more time to review carrier impacts and had concerns about employer-related language and rebate reporting. The North Dakota Hospital Association supported hospital transparency and said the broader approach was appropriate because hospitals are only one part of the 340B system. Several members raised procedural concerns about the scope of the proposal and the lack of a drafted LC amendment. The committee decided not to take final action on the 340B proposal that day, instead forming a subcommittee led by Representative Hendricks, with Representatives Dobervich and Bolinske, to work with LC and return with drafted language for further review on Monday.

Transcript Highlights:

• , on the right-hand side and under the jurisdiction, so to speak, of the state legislature are non-ERISA
• Are ERISA plans required to contribute data to the all-payer claims database?
• Are we actually seeing an increase in data coming from ERISA plans at this point?
• Yeah, this is more of a comment than a question here, but, you know, ERISA plan employer sponsors have
• , small group, and large group, and the self-insured market is a federally regulated market that's ERISA-exempted

Committee: House Commerce Finance and Policy

Transcript Highlights:

• collect data that we cannot collect in a personal health care environment that could run afoul of ERISA
• collect data that we cannot collect in a personal health care environment that could run afoul of ERISA
• That could run afoul of ERISA and could create multiple complications for you.

Summary: The Ways and Means Committee met on January 20, 2026, hearing several bills related to retirement systems, school employee health coverage, port district pensions, environmental fee accounts, developmental disability services, legislative budget transparency, and a new Apple Health employer assessment. Early in the meeting, the committee heard SB 5834, which would make permanent a temporary expansion allowing certain retirement trust fund earnings to pay broader administrative expenses, and SB 5835, which would raise the lump-sum retirement allowance threshold for Plan 2 members from $50 to $250. Both bills were presented by Department of Retirement Systems staff and supported by the department, with questions focused on the scope of the administrative-expense language in SB 5834 and the technical nature of SB 5835. The committee then entered executive session and moved three bills without recommendation to the Rules Committee: Substitute SB 5249, allowing kit homes as emergency housing; Substitute SB 5053, allowing certain counties to include school district boundaries when forming a public facilities district; and Substitute SB 5203, directing state agencies to develop a wildlife habitat connectivity strategy and creating related accounts. After returning to public hearing, members heard SB 5883 on SEBB eligibility for school employees in their second school year of employment. Supporters, including labor representatives and individual school workers, said the bill would reduce coverage gaps and improve recruitment and retention, while school district officials and administrators argued it would create an unfunded mandate, increase costs, and add administrative burden. No action was taken on the bill. The committee also heard SB 5905, which would exclude certain port district employees from PERS if they are covered by the federal Railroad Retirement Plan or a collectively bargained defined benefit pension plan. Port representatives, labor stakeholders, and the Department of Retirement Systems described it as a narrow technical fix to avoid duplicate pension coverage and retroactive liabilities, and the bill drew support. SB 6151 would create dedicated accounts for Ecology fee revenue tied to laboratory accreditation and landfill methane work; Ecology and county representatives supported the measure as a way to reinvest fees in the programs that generate them. SB 6163 would require the Individual and Family Services waiver for developmental disability services to be budgeted at maintenance level; advocates said it would stabilize services and prevent waitlists, and no opposition was heard. The final two bills were SB 6177, which would require LEAP’s budget website to display additional budget detail such as carry-forward data, program and subprogram expenditures, and balance sheets for all public accounts, and SB 6173, which would create an Apple Health employer assessment on larger private employers with workers enrolled in Medicaid expansion coverage. SB 6177 was framed as a transparency measure, while SB 6173 drew extensive testimony both in support and opposition: supporters said it would help offset expected Medicaid losses after federal work requirements take effect and stabilize the health safety net, while opponents argued it would be an unfunded tax, create administrative and legal complications, and could discourage hiring or reduce hours. The committee heard no final votes on the public hearing bills, and staff reminded members that signature sheets would be held for 24 hours under Senate rules.

Transcript Highlights:

• Does this cover the ERISA plans or self-insured plans? commerce.
• </c><01:46:09.080><c> plans</c> affect Does this cover the ERISA plans affect Does this cover the ERISA
• This is ERISA.
• This is ERISA.
• Uh, the state is not able to regulate ERISA plans, as was previously noted.

Committee: Senate Health and Human Services

Transcript Highlights:

• my other question is, how does… I know that you're regulating the individual marketplace, the non-ERISA
• plans, but as an insurance company who also, if I put that hat on, has as part of their business these ERISA
• plans, how are we seeing any forces coming from the ERISA marketplace into the individual marketplace
• They're moving to ERISA-regulated plans.

Summary: The committee held an informational hearing focused first on Oregon Medicaid coordinated care organization (CCO) finances and rate setting. Oregon Health Authority staff explained how 2025 CCO financial results will inform 2027 capitation rates, including reserve requirements, subcapitation arrangements, and major cost drivers such as behavioral health, pharmacy, rural hospital costs, and dental directed payments. They said the Legislature’s added 2025 funding materially improved CCO margins and that, without it, the program would have been negative overall. Members asked about retained earnings, subcapitation, behavioral health utilization, ABA therapy, and whether outcomes are being evaluated; OHA said rate setting is actuarial and that CCOs, OHA, and other partners all play roles in monitoring efficacy and access. OHA also reviewed House Bill 4039 changes intended to increase transparency and give CCOs earlier access to rate information and reconciliation exhibits. CCO representatives then testified that the system is under significant financial pressure and that behavioral health state-directed payments, benefit changes, and federal uncertainty from H.R. 1 are reducing flexibility. CareOregon said it has lost more than $500 million over the last couple of years and is now making provider terminations and other network changes to align spending with available funding, while emphasizing that CCOs must make hard decisions about which services and providers can be sustained. Eastern Oregon CCO said rural and frontier factors, cost-based hospitals, air ambulance needs, and statewide efficiency adjustments are not fully reflected in rates, and that dental funding is especially strained. Trillium similarly warned that state-directed payments and benefit expansion pressures are constraining the global budget model and that H.R. 1 could worsen acuity and volatility. Members pressed the witnesses on who is responsible for evaluating treatment effectiveness, especially for ABA and psychotherapy, and on how utilization limits and reimbursement changes are being used to control costs. The committee then shifted to an overview of the Affordable Care Act and Oregon’s commercial insurance market. Department of Consumer and Business Services staff explained actuarial value, metal tiers, premium tax credits, medical loss ratio rules, and the main drivers of premium rates: cost trend, utilization trend, and administrative costs. They said mandates have likely added only a limited amount to premiums over the past decade, though the exact effect is difficult to isolate, and they gave examples of how high-cost, low-volume services versus broad, high-utilization services can affect rates differently. Staff also noted that Providence Health Plan and PacificSource Health Plans are withdrawing from the individual market, though consumers should still have at least three insurer options in every county and may have four in many counties. The division said it is in the middle of reviewing proposed 2027 rates and will continue its public rate review process, including hearings and written comment.

Transcript Highlights:

• health insurance has, and then I come in with that card with a self-employed plan that's under the ERISA
• You've still got to... ...with a self-employed plan that's under the ERISA law. Guess what?
• those employers that are close to being able to take that leap and do a self-funded, a self-funded ERISA
• I think ERISA plans are sort of in the next bucket that they want to work on.
• , inclined to bring their self-insured plans, that we have no regulatory authority over, and their ERISA

Committee: House Health and Mental Health

Transcript Highlights:

• </c><02:00:13.280><c> but</c> subject to ERISA but subject to ERISA but we<02:00:15.920><c> try</c><02
• Major employers that self-fund are subject to ERISA requirements. Those are federal requirements.
• </c> Income Security Act, ERISA. Income Security Act, ERISA.
• </c><03:26:28.320><c> Those</c><03:26:28.520><c> are</c> subject to ERISA requirements.
• Those are subject to ERISA requirements. Those are federal<03:26:29.080><c> requirements.

Committee: Joint Health Insurance Affordability Task Force

Transcript Highlights:

• So we added a section, that section eight, which makes sure that if there are any changes in ERISA rules
• If there are any changes in ERISA rules, those would not apply as far as the labor exceptions, labor
• I'm just curious on the exception for the labor with ERISA. Have you spoken to labor?

Committee: House Health and Mental Health

Transcript Highlights:

• Number nine, DHS with ERISA Health, and amends an existing contract for board payment for children in
• concern and the phone calls for the people of Stone County. led better buildings number nine DHS with ERISA

Committee: All JOINT BUDGET COMMITTEE

Summary: The committee heard a series of appropriation requests and contract reviews across multiple sections. In Section B, members approved temporary appropriations for the Court of Appeals, Commerce/Aeronautics, and Insurance-related payments and refunds. Section C ARPA requests from DHS were approved to return unused federal funds. Section D infrastructure-related appropriations, including wildfire preparedness, broadband BEAD funding, forestry support, recycling, and oil and gas sample preservation, were approved after questions about broadband audit controls and performance safeguards. Section E DHS reallocations were approved, including large transfers within Medical Services from hospital medical to private and public nursing home lines, along with smaller transfers for children and family services, developmental disabilities, and youth services; members asked about the source and purpose of the medical services transfer. Sections F and G were reviewed, covering cash fund requests, federal grants, and miscellaneous grants, including community college storm repairs, corrections commissary and maintenance, 911 enhancements, maternal health, disability determinations, state police equipment, digital newspaper archiving, and CDL data improvements. In Section H, the committee reviewed pay plan appropriations and performance fund transfers tied to the new Class and Comp pay plan. Section I reviewed three methods of finance for UA Little Rock, UAMS, and the University of Arkansas system. In Section J, the committee reviewed discretionary grants, including a $1.4 million HIV services grant and nine tobacco prevention subgrants through UAPB. Members questioned the effectiveness, metrics, and addresses of some tobacco-cessation arts-based grantees, especially Arts Absolutely Inc.; after discussion, Representative Kavanaugh moved to expunge the vote on J2 and refer it back for review at a later ALC meeting, and that motion passed. J3, a Department of Energy and Environment grant for propane safety training and e-waste recycling services, was then reviewed. The committee also reviewed contracts in Section K. K-1 ratified emergency management nuclear planning work performed during a transition between agencies. K-2 construction contracts included architectural and engineering services for corrections, National Park College signage, a Razorback Road parking facility, and UAMS cyclotron installation. K-3 intergovernmental contracts covered health, education, autism waiver, stroke, newborn screening, Medicaid evidence review, and radiation testing services. K-4 out-of-state contracts included staffing, IT, tobacco prevention, audit, marketing, planetarium, recruitment, and janitorial services; Senator Irvin noted one contract appeared to belong in the out-of-state list rather than intergovernmental. K-5 in-state contracts covered staffing, cleaning, re-entry and treatment services, foster care and disability services, hearing officers, asbestos abatement, campus IT support, and janitorial work. The meeting ended after a brief personal update from Senator Irvin about tornado damage in Stone County and thanks to members for their concern, followed by adjournment.

Transcript Highlights:

• a relatively small part of the market, the vast majority of the market, including the self-insured ERISA
• subject to the mandates, and how that might affect premiums compared with the general market or an ERISA
• because they do not have access to either a government program or employer-sponsored insurance or an ERISA
• own because they do not have access to a government program or employer-sponsored insurance or an ERISA
• six Minnesotans and provide coverage, health insurance coverage for their workers and families under ERISA

Bills: HF3388 , HF400

Committee: House Commerce Finance and Policy

Keywords: HF3388, Minnesota premium security plan, reinsurance, health insurance, group health carriers, MCHA, MNsure, individual market, premium stabilization, carrier assessment, health insurance assessment, premium security plan account, state innovation waiver, high-risk pool, reinsurance payments, healthcare premiums, insurance carriers, deferral of assessment, financially impaired condition, HF400

Transcript Highlights:

• So, if all those ERISA employees start running off and trying to get the coupons, now the ERISA is, their
• So, if all those<01:51:26.280><c> ERISA</c><01:51:26.600><c> employees</c><01:51:27.120><c> start</c>
• <01:51:27.360><c> running</c><01:51:27.680><c> off</c> those ERISA employees start running off those
• ERISA employees start running off and<01:51:28.200><c> trying</c><01:51:28.440><c> to</c><01:51:28.520
• is their their math was now the ERISA is their their math was screwed<01:51:35.200><c> up.

Committee: House Commerce and Consumer Affairs

Transcript Highlights:

• Those are ERISA plans.
• Those are ERISA plans.
• Those are ERISA plans.
• Those are ERISA plans.
• They have an ERISA preemption protection as one of the sections of the bill in this draft.

Committee: House Commerce and Consumer Affairs

Transcript Highlights:

• 14.240><c> liability</c><00:28:15.240><c> uh</c> Is all of the fiduciary liability, uh, policies are ERISA
• It would allow us to offer this brokerage account in the ERISA sector.
• It would allow us to offer this brokerage account in the ERISA sector.

Summary: The Senate Standing Committee on State and Local Government heard testimony on Senate Bill 10, which would revise CERS retiree health subsidies for members who began participating on or before July 1, 2003. Senator Mills said the bill was developed with employee and employer groups to improve retiree health benefits while protecting the system’s financial footing, using a shared-cost structure. Testimony from sheriffs, police chiefs, firefighters, and the League of Cities strongly supported the bill, emphasizing recruitment and retention, affordability of retiree health coverage, and limited taxpayer risk. Members echoed those points, and the committee approved SB 10 with a 9-0 favorable recommendation. The committee then took up Senate Bill 65, sponsored by Senator West, which would codify the Administrative Regulations Committee’s annual practice of placing certain deficient regulations into statute so they cannot take effect. West explained that the committee’s role is limited to finding regulations deficient or asking for deferral, and that SB 65 is the fifth version of this measure. He described the specific regulation at issue as a Medicaid Services rule that would have required behavioral health associates to hold a master’s degree; providers testified that it would reduce the workforce and harm behavioral health services statewide. West said the committee had deferred the matter eight times before deciding to side with providers. The bill received favorable expression and was reported out. Finally, the committee heard Senate Bill 104, sponsored by Senator Madon, concerning Kentucky Deferred Comp for state employees. The bill would establish a codified fiduciary standard, authorize fiduciary liability insurance, add self-correcting mechanisms to keep the plan in compliance with federal law, and allow self-directed brokerage accounts. Personnel Cabinet representatives said the changes would align the plan with other public pension plans, reduce risk, and offer participants a useful investment option with strong account growth among users. SB 104 also received favorable expression and was reported to the floor. The committee then adjourned.

Transcript Highlights:

• It's the ERISA law that forbids us from regulating self-insured employment-based coverage.
• the federal law is already covering some of this stuff, so maybe we don't need to worry about the ERISA
• the federal law is already covering some of this stuff, so maybe we don't need to worry about the ERISA
• the federal law is already covering some of this stuff, so maybe we don't need to worry about the ERISA
• This stuff, so maybe we don't need to worry about the ERISA side of things, but that actually sort of

Committee: Joint Labor, Health & Social Services

Transcript Highlights:

• Marshallese language interpreting services. 84, DHS, Division of Aging, Adults, and Behavioral Health, with ERISA
• That takes us over to page 130 of Item E. 102 is with DHS, DCFS, with ERISA Health, and this is for therapeutic

Committee: All ALC-REVIEW

Summary: The committee met to review a supplemental agenda, procurement rule revisions, methods of finance, discretionary grants, contracts, and a member disclosure. The Office of State Procurement presented rule changes tied to 2025 legislative changes, including Act 782, with updates to sole-source definitions, unrealistic bids, protest requirements, debarment procedures, and recodification references; the committee voted to accept the supplemental agenda and approve the rules. Members also approved eight methods of finance covering university repairs, equipment replacement, property purchase, and capital projects, along with a large slate of discretionary grants for courts, health, DHS, historic preservation, and tobacco prevention programs. The committee then reviewed RFQs and six ratifications. The ratifications included a Workforce Connections payment to ACT WorkKeys, Department of Health costs from an ice-storm-related water leak, a large Department of Public Safety ratification for Motorola’s Arkansas Wireless Information Network upgrade, Veterans Affairs HVAC and medical-service payments, and a UA Little Rock painting contract. The Department of Public Safety ratification drew extended questioning about why the expired Motorola contract had not been renewed sooner and why the issue took months to reach the committee; agency officials said the project was bond-funded, had not been tracked in ASIS, and involved ongoing negotiations and system updates. Despite concerns, the committee approved the ratifications. Members also reviewed a long list of construction, intergovernmental, out-of-state, and in-state contracts, including numerous university, DHS, health, corrections, and state agency agreements. Several contracts were discussed in more detail, including an SAU custodial contract question about sales tax and transparency reporting, and Department of Corrections aerial application contracts for Tucker and Cummins farms, which officials said served separate facilities in different parts of the state. The committee approved the contract lists, reviewed reports, and accepted a disclosure from Representative Andrew Collins regarding his investment interest in a company leasing property to Arkansas Rehabilitation Services before adjourning.

Transcript Highlights:

• Contract 84, DHS Division of Aging, Adults, and Behavioral Health with ERISA Health, is for comprehensive
• Contract 102 is with DHS DCFS and ERISA Health, and this is for therapeutic foster care services.

Committee: All ALC-REVIEW

Transcript Highlights:

• end up with an employer who participates in a multi-employer plan, which is, you know, governed by ERISA
• end up with an employer who participates in a multi-employer plan, which is, you know, governed by ERISA

Committee: House Business

Transcript Highlights:

• Health Insurance has, and then I come in with that card with a self-employed plan that’s under the ERISA
• , those employers that are close to being able to take that leap and do a self-funded, self-funded ERISA
• I think ERISA plans are sort of in the next bucket that they want to work on. So, so.
• encouraged, inclined to bring their self-insured— that we have no regulatory authority over their ERISA
• ERISA plans into this API, making the significantly reducing the administrative burden that we heard

Committee: House Health and Mental Health

Summary: The committee first met in executive session and voted House Bill 2309, Representative Jones’ Oregon Harvesting bill, do pass by a vote of 13 ayes and no nays. The committee then moved to public testimony on House Bill 1881, which would schedule xylazine as a controlled substance. Representative Bill Allen said the bill is intended to address xylazine’s role in fentanyl-related overdoses, improve tracking and enforcement, and preserve legitimate veterinary use through carve-outs. A veterinarian from the University of Missouri testified in support, emphasizing xylazine’s long-standing and safe veterinary use and the need to protect agricultural practice while targeting illicit diversion. No opposition was presented, and testimony on the bill concluded. The committee then heard House Bill 1855, which would add alpha-gal syndrome to Missouri’s reportable conditions and create a reporting/surveillance framework. Sponsor Representative Matthew Overcast said the bill was revised to shift reporting from providers to private labs, create a standalone non-communicable disease reporting section, and support data collection for prevalence, education, and federal funding opportunities. Supporters included a lobbyist for the AlphaGal Alliance, a University of Missouri dermatologist/researcher, Extension staff, cattle industry representatives, and multiple patients and family members who described severe dietary restrictions, anxiety, school and work impacts, and the need for better public awareness and treatment research. Opponents argued the bill’s language would expand DHSS authority too broadly, especially the provision allowing the department to designate and enforce rules for noncommunicable diseases, and suggested narrowing the bill and adding opt-in protections. No vote was taken. Finally, the committee began hearing House Bill 2355, Representative Holly Jones’ “food as medicine” bill. Jones argued that nutrition should be treated as a public health intervention and described medically tailored meals, produce prescriptions, and nutrition counseling as tools that can improve outcomes and reduce costs. In questions, members raised concerns about how the proposal would interact with existing food assistance programs such as SNAP, WIC, school meals, and other federal nutrition benefits, and whether the bill would create a new entitlement or duplicate existing aid. The hearing on HB 2355 was still in progress when the transcript ended.