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The Regulatory Stew

The Confusing Morass of Association Health Plan Regulation

Many folks have asked for explanations and guidance on the creation or continuation of association health plans (AHPs) in Washington State. The tortured history of AHP regulation in this state defies any imposition of rational thought, let alone legal explanation. Here’s one example that you can mull over while you’re parked on the interstate. Just…

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Small Group Market 50 employees (again)

If I say that it’s change that I believe in, can I take a break from change – any change? The small employer health insurance market is still waiting to discover the contours of the small group health plans recently approved for sale by business and professional associations. Now we can also push reset on the definition of “small group.”…

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Update: Association Health Plans Withdraw Complaints

Following a still unreleased settlement between the Business Health Trusts (BHT) and the Washington Insurance Commissioner (OIC), BHT attorneys withdrew the remaining administrative and federal court actions challenging the OIC denial of BHT’s “bona fide” association status under ERISA. The withdraw of the administrative appeals can be found here and withdraw of the Oregon federal court…

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Federal Case Settled by BHT and OIC

In my last update on the association health plan litigation, I wondered how the Seattle federal judge might view the Business Health Trusts argument that the trusts are “bona fide” large employer association plans under ERISA. We’ll never know. Yesterday, the Seattle federal judge signed a Stipulated Order of Dismissal ending the case. The order is short on…

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End of the Road for Deconstructed AHPs?

If you thought buying and selling association health plans constituted risky business, consider how risky Moda viewed the business. Last October, Moda Health told the attorney for various associations insured by Moda that the insurer would continue to provide large group coverage to the associations only if the Department of Labor or a court found…

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Association Health Plan Litigation Update

Another month, another stack of paper. As expected, the lawyers representing association health plans (AHP) had something to say about the Insurance Commissioner’s request for a delay in providing briefs in the remaining AHP administrative law cases. For those looking for some light summer reading (relax, these are short responses), here are the reactions to…

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