Sponsored by: ASAE Business Solutions and The Coalition to Protect and Promote AHPs
June 12th – 9 am to 2:30 pm
ASAE Conference Center – ground floor at 1575 I Street, NW Washington, DC
RSVP to firstname.lastname@example.org
For supporters of “association health plans” (AHPs), it has been a year-and-a-half rollercoaster. It all started with excitement over President Trump’s Executive Order in October 2017, culminating in proposed Department of Labor (DOL) regulations issued in January 2018. Once the DOL regulations were finalized in June 2018, a good number of organizations immediately took steps to establish AHPs in accordance with the final rules (known as Pathway #2 AHPs), which kicked off coverage starting January 1, 2019. All was going well in the AHP-world.
Enter stage left…a DC District Court ruling invalidating the final AHP regulations on March 28th. In the wake of the District Court ruling, the AHP-world has been disrupted, aided by the Department of Justice’s (DOJ’s) decision not to request a “stay” of the ruling, which prompted the DOL to issue guidance informing existing Pathway #2 AHPs that they cannot expand their coverage to new participants, and existing participants may not re-enroll in their AHP plan for the 2020 coverage year. The DC Circuit Court of Appeals is now scheduled to uphold or overturn the District Court ruling in September or October of this year, with the Supreme Court’s consideration waiting in the wings.
Meanwhile, AHPs that are formed under the DOL’s guidance issued prior to the release of the final AHP regulations (referred to as Pathway #1 AHPs) are unaffected by the District Court ruling, which means Pathway #1 AHPs can still be formed in most States with the States’ permission. Congress has also gotten into the act, where House and Senate Republicans have introduced legislation to codify the final AHP regulations into Federal law. Seven (7) States have enacted legislation codifying the final AHP regulations into their State law, while sixteen (16) other States have issued guidance or taken action that tells us that the State is following the final AHP regulations.
This Conference will talk in depth about Pathway #1 and Pathway #2 AHPs, the DOL’s recent non-enforcement and Pathway #1 clarifying guidance, recent State activity on Pathway #2 AHPs, and the DC Circuit Court’s review of the District Court ruling. Stakeholders will also discuss “best practices” for organizations operating an AHP, and what the future may hold for the AHP marketplace.
9:00 am – Registration
9:30 to 9:45 am – Opening Remarks
9:45 to 10:45 am – Early Adopter Panel Discussion
10:45 to 11 am — Break
11 am to Noon – Service Provider Panel Discussion
LUNCH – Noon to 1 pm
1:15 to 2:30 pm – Roundtable discussion with Steering Committee and Service Provider Members of the Coalition, and DOL Secretary Acosta (invited)