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Third-Party Administrators May Be on the Hook for ACA's Anti-Discrimination Rules
Lane Powell Link to more items from this source
Jan. 30, 2023

"[A] federal district court ... recently ruled that a third-party plan administrator (TPA) violated the ACA's anti-discrimination rule when administering a self-insured health plan that excluded gender-affirming care.... The court concluded the TPA fit the definition of a health program or activity, expressly concluding that [HHS] rules to the contrary were not binding.... The court concluded that ERISA could not be read to invalidate or impair Section 1557, nor could ERISA insulate the TPA from liability. " [C.P. v. Blue Cross Blue Shield of Illinois, No. 20-6145 (W.D. Wash. Nov. 9, 2022)]

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