As reported last week, ASAE is sharing its comments on the Department of Labor’s proposed rules to expand association health plans (AHPs) with interested associations.

The proposed rule grew out of an executive order issued by President Trump last October, and would broaden the type of groups that could form association health plans with the goal of expanding affordable coverage options for small businesses and the self-employed.

ASAE’s comments focus on what types of organizations should qualify as an “employer” for the purposes of establishing an AHP (and who could participate in these AHPs), as well as the complexities associated with state regulation of AHPs. Importantly, the proposed rule released last month would not preempt any current state regulations. Because the laws vary from state to state, AHP formation would be challenging without addressing state regulation, ASAE said.

Because of the complexity of the rules, ASAE also submitted a memorandum prepared by its general counsel firm Pillsbury Winthrop Shaw Pittman LLP which addresses additional technical issues in the proposal.

ASAE is sharing its comments and the technical memo in advance of the March 6, 2018 deadline. Those organizations interested can submit their own comments electronically at by referencing the Regulatory Identifier Number RIN 1210-AB85.