State of New York et al. v. U.S. Department of Labor et al.

Why this Matters:

The plaintiffs argue that a Department of Labor regulation that makes it easier for association health plans to be treated as employers and thus regulated as group health plans under the Employee Retirement Income Security Act (ERISA) —exempting them from market reforms under the Affordable Care Act— violates the Administrative Procedure Act. There are concerns about oversight of association health plans and consumer protections because a number of associations have defrauded their members and left millions in unpaid claims when they became insolvent.

Potential Impact:

Exempting more association health plans from insurance market reforms enacted under the ACA and oversight by state regulators could increase the risk of fraud and harm to consumers.