A New Way to Sidestep the Affordable Care Act’s Consumer Protections

New proposed rules about Association Health Plans were released early this month in response to a fall Executive Order. The rules redefine “employer” and relax the rules requiring a “bona fide” reason other than offering health insurance – which could allow for sidestepping of ACA consumer protections by altering premiums by gender, age and industry or expressly welcoming certain communities and redlining others. Association Health Plans will not completely undermine the Exchanges, but will likely be yet another thorn in the Affordable Care Act’s side. Comments are due March 6.