Association Health Plans

Summary

This practice note discusses the requirements for association health plans (AHPs) under the Employee Retirement and Income Security Act (ERISA). Following the Department of Labor's rescission of the 2018 final rule seeking sought to facilitate AHP compliance (see 89 Fed. Reg. 34,106 (Apr. 30, 2024)), the DOL's earlier subregulatory guidance is once again the basis for analyzing whether the association qualifies as a bona fide association under ERISA and therefore meets the definition of "employer," capable of sponsoring an ERISA health plan.