Judge Rules Against Commissioner in AHP Rate Challenge

On July 1st, administrative law Judge Finkle granted summary judgment to Cambia, the Master Builders Association (MBA Trust), Building Industry Association of Washington (BIAW Trust), and Northwest Marine Trade Association (NMTA Trust). The judge’s ruling permits an association qualifying as a bona fide employer health plan under ERISA to calculate and charge separate health plan rates…

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AHP Litigation Box Scores

Legal Actions Challenging Insurance Commissioner Disapproval of AHP Plans (06/17/2015) Plaintiff / Case Number Attorney for Plaintiff AHP Insurance Company Status Business Health Trust (AHPs) v. Mike Kreidler, Insurance Commissioner Seattle Federal Court Judge Lasnik Case #2:14-CV-01918 Richard Birmingham,Christine Hawkins, Davis Wright Tremaine Premera Plaintiff reply to defendant in support of plaintiff motion for summary…

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Insurance Commissioner Responds to BHT

The Washington Insurance Commissioner (OIC) stepped up its game and offered its clearest explanation yet as to why the OIC rejected the Seattle Chamber of Commerce association health plan reorganization. On June 1st, the OIC responded to the Business Health Trusts (BHT) motion for summary judgment in Seattle federal court, concluding: “Plaintiffs lack standing, and…

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AHPs go to Spokane to sue Insurance Commissioner

In 2007, a Spokane superior court judge ruled that the Insurance Commissioner (OIC) could not ignore state law exempting association health plans (AHPs) from the Washington State community rating law. Using HIPAA as an excuse, the OIC had argued that associations could not charge employer members of the AHP different rates. Instead, the Commissioner argued that an association had to…

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