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Fifth Circuit Affirms Rejection of DOL Advisory Opinion, Greenlights 'Partnership' Arrangement for Non-ACA Health Plan
Health Affairs Forefront Link to more items from this source
Aug. 24, 2022

"[T]he Fifth Circuit Court of Appeals largely upheld a district court decision to reject a [DOL] advisory opinion that would have restricted a new arrangement designed to avoid major [ACA] protections and state regulation of private health insurance.... LP Management Services ... [had] requested an advisory opinion from [DOL] on whether its partnership arrangement qualified as a single-employer self-insured group health plan under [ERISA].... [I]ndividuals and small businesses could become 'partners' and buy into the health insurance plan merely by agreeing to download software and provide user data[.]" [Data Marketing Partnership, LP v. DOL, No. 20-11179 (5th Cir. Aug. 17, 2022)]

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