During the July 20 edition of his Fox News program, Sean Hannity falsely claimed that “if we look at the provisions of the bill, it's pretty astounding. For example, if you're not -- if you don't have private insurance the year that this bill is passed, you can't get that later on from your employer.” In fact, section 311 of the tri-committee House health care reform bill allows employers to meet coverage requirements by offering employees “coverage under a qualified health benefits plan (or under a current employment-based health plan (within the meaning of section 102(b))) in accordance with section 312.”

From section 311 of the America's Affordable Health Choices Act of 2009:

SEC. 311. HEALTH COVERAGE PARTICIPATION REQUIREMENTS.

An employer meets the requirements of this section if such employer does all of the following:

(1) OFFER OF COVERAGE. -- The employer offers each employee individual and family coverage under a qualified health benefits plan (or under a current employment-based health plan (within the meaning of section 102(b))) in accordance with section 312.

(2) CONTRIBUTION TOWARDS COVERAGE. -- If an employee accepts such offer of coverage, the employer makes timely contributions towards such coverage in accordance with section 312.

(3) CONTRIBUTION IN LIEU OF COVERAGE. -- Beginning with Y2, if an employee declines such offer but otherwise obtains coverage in an Exchange-participating health benefits plan (other than by reason of being covered by family coverage as a spouse or dependent of the primary insured), the employer shall make a timely contribution to the Health Insurance Exchange with respect to each such employee in accordance with section 313.

Section 312 states that an employer “offers the coverage described in section 311(1) either through an Exchange-participating health benefits plan or other than through such a plan.” It also provides that the employer must contribute a certain portion of the costs of the plan.

From section 312:

SEC. 312. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARDS EMPLOYEE AND DEPENDENT COVERAGE.

(a) IN GENERAL. -- An employer meets the requirements of this section with respect to an employee if the following requirements are met:

(1) OFFERING OF COVERAGE. -- The employer offers the coverage described in section 311(1) either through an Exchange-participating health benefits plan or other than through such a plan.

(2) EMPLOYER REQUIRED CONTRIBUTION. -- The employer timely pays to the issuer of such coverage an amount not less than the employer required contribution specified in subsection (b) for such coverage.

(3) PROVISION OF INFORMATION. -- The employer provides the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable, with such information as the Commissioner may require to ascertain compliance with the requirements of this section.

(4) AUTOENROLLMENT OF EMPLOYEES. -- The employer provides for autoenrollment of the employee in accordance with subsection (c).

The bill defines a “qualified health benefits plan” as “a health benefits plan that meets the requirements for such a plan under title I and includes the public health insurance option.” Title I of the bill does not prohibit employers from enrolling employees in private plans.

As Media Matters for America has noted, Hannity previously cited an Investor's Business Daily editorial citing section 102 of Title I to falsely claim that “if you don't have your insurance the year this legislation is implemented, you can't have a private insurance company.” In fact, that provision establishes the conditions under which existing private plans would be exempted from the requirement that they participate in the Health Insurance Exchange. Individual health insurance plans that do not meet the “grandfather” conditions would still be available for purchase, but only through the Exchange and subject to those regulations.

From the July 20 edition of Fox News' Hannity:

HANNITY: Now he said -- he did say tonight, I think it was on the Jim Lehrer show --

DOUG SCHOEN (Democratic pollster): Jim Lehrer, yeah.

HANNITY: OK, he did say tonight that he's willing to push off or he believes it's inevitable that this --

SCHOEN: Let it bleed a little, I think [inaudible].

HANNITY: -- artificial deadline -- but the more people become aware of what's in this thing, if we look at the provisions of the bill, it's pretty astounding. For example, if you're not -- if you don't have private insurance the year that this bill is passed, you can't get that later on from your employer.

BETSY HART (Chicago Sun-Times columnist): Yeah, Sean, you know, I mean, if anybody should want a universal health care coverage plan, it's me.