States, Feds Fire Last Arrows In Association Health Plan Row
Law360 (August 9, 2019, 4:51 PM EDT) — Federal and state governments traded their final blows in a legal challenge to a Trump administration rule that allows small businesses and the self-employed to avoid the individual and small-group Affordable Care Act marketplaces when buying health insurance.
In a briefing filed Thursday, 11 states and Washington, D.C., urged the D.C. Circuit to uphold a D.C. federal judge’s decision to gut the so-called association health plan rule, saying the rule unlawfully twists the Employee Retirement Income Security Act’s definition of employer with the intention of evading Affordable Care Act consumer protections.
The federal government shot back with a defense of the…