Risk & Business Magazine Bowen Miclette & Britt Summer 2018 | Page 30

ASSOCIATION HEALTH PLANS BY: JENNIFER STEIN, BOWEN MICLETTE & BRITT Nothing In The Headlines: Two Issues Under The Radar W hile stories about the Affordable Care Act (ACA)—President Obama’s health care reform law—have not been as prevalent in the news lately, behind the scenes, there are still several issues percolating. Two issues that are key to watch include President Trump’s introduction of Association Health Plans and the potential that Congress or even the IRS will render the employer mandate obsolete. 30 ASSOCIATION HEALTH PLANS Association Health Plans (AHPs) were introduced by President Trump in an Executive Order last October. AHPs are expected to be a vehicle for groups of small employers and perhaps even individuals who are self-employed to band together to form an organization for the purpose of purchasing health insurance. This would permit the businesses within this group to buy health insurance at a rate that is competitive with larger employers. There are supporters and detractors within the industry. Those opposed to the AHPs, predominately providers, are concerned about problems of nonpayment or underpayment due to an association’s risk for insolvency. They point to a history of problems with Multiple Employer Welfare Arrangements (MEWAs), a somewhat similar structure, which resulted in states’ departments of insurance being given firmer control over MEWAs to reduce the insolvency risk.