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District Court Invalidates Labor Department's 2018 Final Association Health Plan Rule (PDF)
Mintz in Bloomberg Tax Management Compensation Planning Journal 
May 8, 2019
"[O]ne need not stray at all from the decision' s text to discern a powerful and ringing endorsement of the prior law ERISA rules governing bona fide associations ... The opinion enunciates clearly what those standards are (purpose, commonality of interest, and control), holds them up as exemplars, and finds the new rules wanting by comparison.... This has important ramifications for those state regulators who, in the wake of the issuance of the Final Rule, issued guidance categorically rejecting any large group AHPs." [State of New York v. U.S. Dept. of Labor, No. 18-1747 (D.D.C. Mar. 28, 2019; notice of appeal filed by DOL on Apr. 26, 2019)]
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