“The regulation of AHPs is colored by the fact that they constitute Multiple Employer Welfare Arrangements (MEWAs). Under [ERISA], states have broad authority to apply their insurance laws to self-insured MEWAs. Many states regulate self-insured MEWAs like a commercial insurance company……………….
| Don’t Overlook Fact That Association Health Plans Are MEWAs “The regulation of AHPs is colored by the fact that they constitute Multiple Employer Welfare Arrangements (MEWAs). Under [ERISA], states have broad authority to apply their insurance laws to self-insured MEWAs. Many states regulate self-insured MEWAs like a commercial insurance company. State authority to regulate fully insured MEWAs, however, is much more limited.” Morris, Manning, & Martin, LLP |
| Association Health Plans Will Profoundly Affect the Health Plan Marketplace “[As] a MEWA, the Form M-1 and Form 5500 reporting requirements would apply. It is unclear how states will regulate these types of health plans, but the approach taken could impact the success of AHPs in that state (and those that cross state lines)…. [T]he DOL has indicated that it would like input on possible approaches to exempt self-insured MEWAs from state insurance regulations.” Kilpatrick Townsend |
