Department of Labor proposes expanded access to association health plans

Pursuant to President Donald J. Trump’s October 12, 2017 Executive Order instructing the U.S. Department of Labor (DOL) to consider expanding access to association health plans (AHP), the DOL published a proposed rule on January 5, 2018 that would modify ERISA regulations to increase the availability of AHPs.  Association health plans have been defined as “health insurance coverage offered to collections of individuals and/or employers through entities that may be called associations, trusts, multiple employer welfare arrangements, purchasing alliances, or purchasing cooperatives.”  When employers join together through an association to purchase or receive health insurance coverage, they may be considered a large group, and thus not subject to many of the Affordable Care Act reforms.  In a press release, the DOL indicated that as many as 11 million Americans working for small businesses or sole proprietors may be able to obtain coverage under…

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