Earlier this year, the courts dealt a blow to the Trump Administration when a U.S. district judge rejected the Administration’s attempts to expand access to association health plans (AHPs). Last week, the Trump Administration filed an appeal, but has not yet requested a stay of the court’s decision. Absent a stay, the court’s original decision will remain in place during the appeals process.

Earlier this week, the Department of Labor (DOL) released a lengthy statement providing some guidance. In the statement, the DOL said it is “committed to taking all appropriate action within its legal authority to minimize undue consequences on employees and their families. Employers participating in insured AHPs can generally maintain that coverage through the end of the plan year or, if later, the contract term. This means their employees generally can keep their coverage in force.”

The DOL went on to say it “will not pursue enforcement actions against parties for potential violations stemming from actions taken before the district court’s decision in good faith reliance on the AHP rule’s validity, as long as parties meet their responsibilities to association members and their participants and beneficiaries to pay health benefit claims as promised. Nor will the Department take action against existing AHPs for continuing to provide benefits to members who enrolled in good faith reliance on the AHP rule’s validity before the district court’s order, through the remainder of the applicable plan year or contract term that was in force at the time of the district court’s decision.”

The Big “I” will continue to provide relevant updates in future editions of the News & Views e-newsletter.

Wyatt Stewart is Big “I” senior director of federal government affairs.