Thursday, January 4, 2018

Just To Be Clear -- "Association" Health Plans Are... DOA.


In posting this short squib, I feel a bit like a CD -- stuck on repeat. . . . [Backgrounder, here.]

Today 45's Labor Department issued proposed new rules (that's a pre-publication link; here is the official 01.05.18 Federal Register one) -- on so called "association" health plans. There will be a comment period -- and during it, both Republicans and Democrats will write in to say that it has been universally understood for a quarter century that such plans would require new Act of Congress. That is, a new piece of legislation, passed by both chambers, and signed by the President -- not a simple DoL rule.

That is -- once again (i.e., a CD stuck on repeat) -- Trump has acted outside the scope of his authority, inside the Executive Branch.

Expect litigation from several of the state insurance commissioners (and insurance trade associations) -- and expect the states and associations to. . . prevail. Just as we've seen in the Muslim Bans and the ICE detention of pregnant teens and DACA settings. Yet another dead letter, from 45.

Y A W N.

[And. . . in a confidential update, tonight for Mr. Trump (and others who would squelch free expression) you cannot stop a river, once it has started down the icy canyon. I am haunted by. . . but in agreement with -- these free expressions/waters.]

नमस्ते

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