News & Analysis as of

Employee Retirement Income Security Act (ERISA) Multiple Employer Welfare Arrangements

McDermott Will & Emery

It’s the Plan Assets, Stupid: Why Group Medical Stop-Loss Captives and Level-Funded Plans Don’t Mix

McDermott Will & Emery on

A question in response to last week’s post on self-funding of employer group health plans assumed that stop-loss coverage under a level-funded plan could be provided under a group captive medical captive. However, it cannot...more

Hall Benefits Law

DOL Proposes Rescission of 2018 Regulations Affecting Association Health Plans

Hall Benefits Law on

The U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) has issued a Notice of Proposed Rulemaking that would rescind a 2018 DOL rule entitled “Definition of Employee – Association Health Plans,”...more

Foley & Lardner LLP

Does the Supreme Court’s Analysis in Thole v U.S., Bank, N.A. Apply to Welfare Benefit Plans?

Foley & Lardner LLP on

In Thole v. U.S. Bank, N.A., 140 S Ct. 1615 (2020), the Supreme Court, in a five to four decision authored by Justice Kavanaugh, held that participants in an ERISA defined benefit pension plan did not have standing under...more

Foley & Lardner LLP

Applying the ERISA Controlled Group and Affiliated Service Group Rules in the Health Care Industry

Foley & Lardner LLP on

Entities interested in entering into health care related industries must consider compliance with the corporate practice of medicine doctrine. In a number of states, the corporate practice of medicine doctrine prohibits...more

Burr & Forman

DOL Provides Transitional Relief to Association Health Plans

Burr & Forman on

On April 29, 2019, the United States Department of Labor (the “DOL”) released a policy statement providing transitional relief from the potential adverse consequences arising from a District Court’s vacating portions of the...more

Seyfarth Shaw LLP

Issue 119: Court Vacates New Rules on Association Health Plans

Seyfarth Shaw LLP on

This is the one hundred and nineteenth issue in our series of alerts for employers on selected topics on health care reform. ...more

Mintz - Employment Viewpoints

Association Health Plan Perspectives (Part 2): The Look-Through Rule and the Limits of State Regulatory Power

In a summary of the recently issued Association Health Plan (AHP) final regulations, the U.S. Department of Labor (DOL) rightly observed that AHPs are a species of multi-employer welfare arrangements, or MEWAs, that are...more

Stinson LLP

Association Health Plans Present Opportunities for Employers

Stinson LLP on

New guidance helps plan sponsors and employers manage and operate AHPs - The Department of Labor (DOL) and Internal Revenue Service (IRS) recently released guidance related to the DOL's June 28th final rule on association...more

Foley & Lardner LLP

The Association Health Plan Challenge: The States Initiate Litigation Challenging the Final Rule

Foley & Lardner LLP on

In our blog post of July 10, 2018, we discussed the key elements of the Final Rule issued on June 21, 2018 with respect to Association Health Plans (AHPs). As we noted, the expansion of ERISA’s definition of an employer and...more

Mintz - Employment Viewpoints

Association Health Plan Perspectives (Part 1): Determining the Status of an AHP as “Fully-Insured”

This is the first post in a blog series exploring the U.S. Department of Labor’s recently issued final regulation governing Association Health Plans (AHPs). While AHPs can be either fully-insured or self-funded, the final...more

Foley & Lardner LLP

Association Health Plans – The Final Rule Is Issued

Foley & Lardner LLP on

Earlier this month, the Department of Labor (DOL) released its Final Rule seeking to expand the scope of participation in Association Health Plans. The Final Rule, titled “Definition of ‘Employer’ under Section 3(5) of ERISA...more

Snell & Wilmer

Association Health Plans – A New Frontier?

Snell & Wilmer on

On June 21, 2018, the Department of Labor published the final association health plan (“AHP”) rule. 83 FR 28912 (June 21, 2018). The final rule is short, just shy of three pages in length (see page 28961 to 29964), and...more

Eversheds Sutherland (US) LLP

MEWAs and AHPs - what you need to know about the Association Health Plan Final Rule

On June 21, 2018, the Department of Labor (DOL) issued final regulations establishing alternative criteria under section 3(5) of the Employee Retirement Income Security Act of 1974 (ERISA) for forming single-employer...more

Ballard Spahr LLP

DOL Releases Final Regulation Expanding Association Health Plans

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) on Tuesday released final regulations modifying the Association Health Plan (AHP) rules to expand their availability for small and large employers and to address their affordability by...more

Littler

Association Health Plans: How Do You Solve a Problem Like a MEWA?

Littler on

On June 19, 2018, the Department of Labor issued its highly anticipated final rule expanding the availability of association health plans (“AHPs”). ...more

Eversheds Sutherland (US) LLP

2017 in Review: ERISA guidance and enforcement

In 2017, the principal focus in the administration of the Employee Retirement Income Security Act of 1974, as amended (ERISA), by the Department of Labor (DOL) appropriately remained one of the extraordinary developments...more

Mintz - Employment Viewpoints

Association Health Plans: Self-Funded vs. Fully-Insured

Recently proposed Department of Labor (Department) regulations governing Association Health Plans (AHPs) would, if made final, permit small employers to be regulated under more favorable, large group rules. The proposed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Proposes More Permissive Association Health Plan Rule

Small businesses and self-employed individuals may soon have more options for obtaining affordable group health coverage. As directed by Executive Order 13813, on January 5, 2018, the U.S. Department of Labor (DOL) released...more

Fox Rothschild LLP

Avoiding The Accidental MEWA

Fox Rothschild LLP on

MEWAs, or Multiple Employer Welfare Arrangements, are plans that cover the employees of two or more unrelated employers but do not include plans operated by employers under common control or are maintained pursuant to a...more

Mintz - Employment Viewpoints

The Department of Labor’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But...

On January 3, 2018, the Department of Labor issued proposed regulations that will make it easier for small employers to band together to form “association health plans” (“AHPs”), thereby providing access to more liberal...more

Seyfarth Shaw LLP

Issue 117: DOL Issues Proposed Rules On Association Health Plans

Seyfarth Shaw LLP on

This is the one hundred and seventeenth issue in our series of alerts for employers on selected topics on health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis...more

Kilpatrick

Association Health Plans Will Profoundly Affect the Health Plan Marketplace

Kilpatrick on

A newly issued proposed rule significantly relaxes the Department of Labor requirements that currently limit the availability of association health plans (AHPs) and if finalized in its currently form will profoundly affect...more

Fisher Phillips

President Trump Once Again Attempts To Dismantle The Affordable Care Act

Fisher Phillips on

After multiple failed attempts by Congress to reform the Affordable Care Act (ACA), President Trump announced several weeks ago that the federal government would stop making subsidy payments to insurers who sell coverage...more

Mintz - Employment Viewpoints

Expanding Association Health Plans—Which Agencies Need to do What

On October 13th, President Trump signed an Executive Order directing various federal agencies to consider how to achieve three administration health reform objectives: (1) expand access to Association Health Plans (AHPs); (2)...more

Mintz - Employment Viewpoints

Association Health Plans—Can The Trump Administration Expand Access Without Congress?

In recent weeks, the Trump Administration has been considering allowing health insurance to be purchased across state lines and expanding access to “Association Health Plans” (AHPs) that could take economic advantage of...more

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