Legal Challenges to the Administration’s Association Health Plan Rule have Stymied Their Advance….

hand holding doa
But Even if They Proceed, they are Already DOA.

As the employer community waits for the DC Circuit Court of Appeals to weigh in on State of New York v. U.S. Department of Labor (to decide the fate of the Trump Administration’s 2018 Association Health Plan Rule),  business-minded critics of the Final Rule that the Administration is fighting to save would argue that even in victory, AHPs will fail to disrupt the delivery of health insurance to business owners because it fails to grant state pre-emption, thereby limiting the impact on true market disruption. 

Health Insurance expert Kev Coleman’s research, conducted prior to the March 2019 invalidation of the rule, showed early trends of limited utilization, stark regionalization and lack of true economic differentiation. Win or lose, true health insurance disruption will not come from AHPs. Instead, disruptive models within the HRO space, innovative employer-sponsored solutions like ICHRA plans and technology driven AI and analytics are poised to deliver the disruptive solutions of the future. 

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Ludwig van Beethoven wrote only 1 opera over the course of his career, entitled Fidelio. While history remembers it as a masterpiece, it was Beethoven’s perseverance through 10 grueling years of disappointing drafts and numerous failed releases that tells the real story.  

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