A federal proposal that could expand group health insurance access for self-employed real estate agents is moving closer to publication. This gives the industry a new development to watch while separate legislation remains pending in Congress.
The Department of Labor sent its proposed Association Health Plan rule to the White House Office of Management and Budget for review on Aug. 11. The proposal remains under review and is expected to be published in November.
Days after the submission, the National Association of REALTORS® said it had met with White House, Labor Department and Health and Human Services officials to advocate for including self-employed real estate professionals. The rulemaking is separate from H.R. 6703, a broader health care bill containing provisions that would also expand access to Association Health Plans.
H.R. 6703 remains unfinished in Congress
The Lower Health Care Premiums for All Americans Act passed the House 216-211 on Dec. 17, 2025. It was received by the Senate the following day, and no subsequent Senate passage has been recorded. If enacted, the House-passed legislation would expand the circumstances under which associations can sponsor group health plans for qualifying self-employed workers.
DOL is pursuing a regulatory path of its own. The agency’s proposal would establish criteria for when an employer group or association can qualify as an “employer” under ERISA and sponsor an Association Health Plan. Neither effort has created a new insurance benefit agents can enroll in today.
Which self-employed agents could qualify?
Under H.R. 6703, certain self-employed individuals could be treated as both employer members of an association and employees eligible for its health plan. A qualifying person would need an ownership interest in a business, income from that business and no common-law employees.
The person would also need to work at least 10 hours per week or 40 hours per month in the business. That definition could cover many independent real estate agents, but eligibility would not be automatic.
Associations would face their own requirements
Associations seeking to sponsor plans would also have to clear several hurdles. Generally, an association must have existed for at least two years and maintain a formal governing structure. Employer members would need to hold at least 75% of its governing positions.
Coverage would have to be available to at least 51 employees overall. A group consisting entirely of self-employed individuals would need at least 20 self-employed members aggregated into one employer-member group.
Plan fiduciaries would also be required to regularly verify participants’ self-employed status. Those requirements could make implementation a significant compliance and administrative undertaking for state or local REALTOR® associations interested in offering coverage.
Cost remains the biggest unknown
Neither the pending DOL rule nor H.R. 6703 establishes what an Association Health Plan would cost an individual agent. NAR’s 2026 Health Insurance Survey found that 14% of REALTORS® are uninsured. Among uninsured respondents, 91% cited premium costs, 58% cited high deductibles and copays, and 35% said fluctuating real estate income made maintaining coverage difficult.
Actual premiums, provider networks and benefits would depend on the final federal framework and any plans ultimately developed by qualifying associations and insurers. For brokerage leaders, health coverage also sits within a broader competition over agent compensation and benefits. The Close recently reported how Redfin’s agent pay model combines commission earnings with W-2 employment and benefits as part of its recruiting proposition.
The next concrete development for independent agents is expected from DOL. Until the proposed rule is published and its eligibility standards are clear, group health coverage through an Association Health Plan remains a potential future option — not a benefit agents can sign up for yet.