Health & Welfare Plans Newsletter

BULLETIN
Supplement to
October 13, 2017

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[Official Guidance]

Text of Executive Order: 'Promoting Healthcare Choice and Competition Across the United States'
"Within 60 days of the date of this order, the Secretary of Labor shall consider proposing regulations or revising guidance, consistent with law, to expand access to health coverage by allowing more employers to form [association health plans (AHPs)]. [T]he Secretary should consider expanding the conditions that satisfy the commonality-of-interest requirements under current [DOL] advisory opinions interpreting the definition of an 'employer' under section 3(5) of [ERISA] ... The Secretary of Labor should also consider ways to promote AHP formation on the basis of common geography or industry....

"Within 60 days of the date of this order, the Secretaries of the Treasury, Labor, and [HHS] shall consider proposing regulations or revising guidance, consistent with law, to expand the availability of [short-term, limited duration insurance (STLDI)]....

"Within 120 days of the date of this order, the Secretaries of the Treasury, Labor, and [HHS] shall consider proposing regulations or revising guidance, to the extent permitted by law and supported by sound policy, to increase the usability of HRAs, to expand employers' ability to offer HRAs to their employees, and to allow HRAs to be used in conjunction with nongroup coverage....

"The Secretaries shall consider and evaluate public comments on any regulations proposed under ... this order."
The White House

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