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Guidance Addresses Premium Reimbursement Arrangements and ERISA Preemption of State Stop-Loss Insurance Laws
Practical Law Company Link to more items from this source
[Guidance Overview]
Nov. 10, 2014
"[T]he Departments rejected a new market product under which employers are being encouraged to drop their group policies and establish an IRC Section 105 reimbursement plan ... In the Departments' view, these arrangements are group health plans in their own right and therefore participating employees are ineligible for premium tax credits or cost-sharing reductions for exchange coverage.... In Technical Release 2014-01, the DOL takes the view that ... state regulation of stop-loss policies can have an effect similar to that of insurance regulation of group health insurance ... without running afoul of ERISA's preemption general rule. As a result, a state law prohibiting insurers from issuing stop-loss contracts with attachment points below the applicable limit would not, in the DOL's view, be preempted by ERISA."

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