As expected, the Biden administration has issued final rules that overturn regulations adopted under the prior administration on association health plans and short-term, limited-duration insurance (STLDI). The new rules restore rules that were in effect prior to the adoption of Trump administration initiatives.
Association Health Plans
ERISA’s definition of “employer” allows employers that share certain characteristics to band together and provide health coverage as if they are a single employer. Historically, the definition had been limited to employers that: form a group that has a business purpose unrelated to the provision of benefits; share a common interest and genuine organizational relationship unrelated to benefits; and exercise formal and actual control over the benefit program they establish.
