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Handicapping the Legal Challenge by State Attorneys General to the Final DOL Association Health Plan Regs
Mintz Link to more items from this source
Dec. 5, 2018

"The states assert that the final regulations are inconsistent with prior DOL advisory opinions and case law.... But the DOL's prior legal position was fashioned entirely from advisory opinions, ... generically referred to as 'sub-regulatory' guidance.... A preponderance of the states that are parties to the litigation have enacted laws, or issued guidance, prohibiting the formation of large-group AHPs.... [T]he possible upheaval in their small group markets caused by widespread adoption of large-group AHPs is somewhere between worrisome and unthinkable to these states." [State of New York v. U.S. Dept. of Labor, No. 18-1747 (D.D.C. complaint filed July 26, 2018; plaintiffs' brief filed Aug. 23, 2018)]

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