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Fifth Circuit Outlines Analysis for Determining Partnership Arrangement’s ERISA Plan Status
Thomson Reuters / EBIA 
Aug. 25, 2022 "Absent ERISA group health plan status, this arrangement generally would be subject to [ACA] individual insurance market rules because, according to HHS and Treasury, it would not be a 'group health plan' for purposes of those agencies' group market rules. Since the injunction has been set aside, the DOL could refuse to acknowledge the arrangement's ERISA status, potentially rendering it out of compliance with the individual market rules." [Data Marketing Partnership, LP v. DOL, No. 20-11179 (5th Cir. Aug. 17, 2022)] |
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