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Final Association Health Plan Regs Provide Opportunity for Small Employers ... Maybe
Porter Wright Morris & Arthur LLP 
[Guidance Overview] June 28, 2018
"[We] now know that the DOL does not intend to alter existing ERISA preemption rules, which authorize State insurance regulation of AHPs ... We now also know that existing AHPs that meet current sub-regulatory guidelines to be considered an AHP do not need to satisfy these new rules to maintain that AHP status. The nondiscrimination provisions in the new rule also limit the opportunity for new AHPs to engage in risk selection by effectively eliminating the ability to medically underwrite individual employer members."
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