United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2018_register executive 2018-10-26 article Proposed Rules D09002ee1c7edc10a D09002ee1c7edc144 United States Department of Labor originator org United States Government Agency or Subagency United States Employee Benefits Security Administration originator org United States Government Agency or Subagency This document contains a proposed regulation under Title I of the Employee Retirement Income Security Act (ERISA) that would broaden the criteria under ERISA section 3(5) for determining when employers may join together in an employer group or association that is treated as the "employer" sponsor of a single multiple-employer "employee welfare benefit plan" and "group health plan" as those terms are defined in Title I of ERISA. By treating the association itself as the employer sponsor of a single plan, the regulation would facilitate the adoption and administration of such arrangements. The regulation would modify the definition of "employer," in part, by creating a more flexible "commonality of interest" test for the employer members than the Department of Labor (DOL or Department) had adopted in sub- regulatory interpretive rulings under ERISA section 3(5). At the same time, the regulation would continue to distinguish employment-based plans, the focal point of Title I of ERISA, from mere commercial insurance programs and administrative service arrangements marketed to employers. For purposes of Title I of ERISA, the proposal would also permit working owners of an incorporated or unincorporated trade or business, including partners in a partnership, to elect to act as employers for purposes of participating in an employer group or association sponsoring a health plan and also to be treated as employees with respect to a trade, business or partnership for purposes of being covered by the employer group's or association's health plan. The goal of the rulemaking is to expand access to affordable health coverage, especially among small employers and self-employed individuals, by removing undue restrictions on the establishment and maintenance of association health plans under ERISA. The proposed regulation would affect such association health plans, health coverage under these health plans, groups and associations of employers sponsoring such plans, participants and beneficiaries with health coverage under these plans, health insurance issuers, and purchasers of health insurance not purchased through association health plans. 83 FR 614 https://www.govinfo.gov/app/details/FR-2018-01-05/2017-28103 2017-28103 fr05ja18-9 RIN 1210-AB85 4510-29-P https://www.govinfo.gov/app/details/FR-2018-01-05/2017-28103 https://www.govinfo.gov/content/pkg/FR-2018-01-05/html/2017-28103.htm https://www.govinfo.gov/content/pkg/FR-2018-01-05/pdf/2017-28103.pdf Employee Benefit Plans Pensions 23 p. 614 636 83 FR 614 Title 29 Part 2510 29 CFR Part 2510 RIN 1210-AB85 Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans; Federal Register Vol. 83, Issue PRORULE 2017-28103 DEPARTMENT OF LABOR Employee Benefits Security Administration 2018-03-06 4510-29-P 2017-28103 Proposed rule.

This document contains a proposed regulation under Title I of the Employee Retirement Income Security Act (ERISA) that would broaden the criteria under ERISA section 3(5) for determining when employers may join together in an employer group or association that is treated as the "employer" sponsor of a single multiple-employer "employee welfare benefit plan" and "group health plan" as those terms are defined in Title I of ERISA. By treating the association itself as the employer sponsor of a single plan, the regulation would facilitate the adoption and administration of such arrangements. The regulation would modify the definition of "employer," in part, by creating a more flexible "commonality of interest" test for the employer members than the Department of Labor (DOL or Department) had adopted in sub- regulatory interpretive rulings under ERISA section 3(5). At the same time, the regulation would continue to distinguish employment-based plans, the focal point of Title I of ERISA, from mere commercial insurance programs and administrative service arrangements marketed to employers. For purposes of Title I of ERISA, the proposal would also permit working owners of an incorporated or unincorporated trade or business, including partners in a partnership, to elect to act as employers for purposes of participating in an employer group or association sponsoring a health plan and also to be treated as employees with respect to a trade, business or partnership for purposes of being covered by the employer group's or association's health plan. The goal of the rulemaking is to expand access to affordable health coverage, especially among small employers and self-employed individuals, by removing undue restrictions on the establishment and maintenance of association health plans under ERISA. The proposed regulation would affect such association health plans, health coverage under these health plans, groups and associations of employers sponsoring such plans, participants and beneficiaries with health coverage under these plans, health insurance issuers, and purchasers of health insurance not purchased through association health plans.

Comments are due on or before March 6, 2018. Elizabeth Schumacher, Office of Health Plan Standards and Compliance Assistance, Employee Benefits Security Administration, (202) 693-8335 or Janet K. Song, Office of Regulations and Interpretations, Employee Benefits Security Administration, (202) 693-8500. These are not toll free numbers. Employee Benefit Plans Pensions Definition of Employer Under Section 3(5) of ERISAAssociation Health Plans , http://www.dol.gov/agencies/ebsa http://www.gao.gov/assets/220/215647.pdf http://www.gao.gov/new.items/d04312.pdf http://www.gao.gov/products/GAO-04-312 http://www.gao.gov/products/HRD-92-40 http://www.naic.org/documents/health_archive_naic_opposes_small_business_fairness_act.pdf http://www.ncsl.org/research/health/purchasing-coops-and-alliances-for-health.aspx#Other_Approaches http://www.oliverwyman.com/content/dam/oliver-wyman/global/en/files/archive/2011/health_ins_purchasing_arrangements http://www.regulations.gov https://downloads.cms.gov/files/effectuated-enrollment-snapshot-report-06-12-17.pdf https://www.actuary.org/files/publications/AHPs_HR1101_030817.pdf https://www.cbo.gov/publication/12066 https://www.cbo.gov/sites/default/files/109th-congress-2005-2006/costestimate/hr52500.pdf https://www.cms.gov/CCIIO/Programs-and-Initiatives/Health-Insurance-Marketplaces/Downloads/2017-10-20-Issuer-County-Map.pdf https://www.cms.gov/cciio/resources/data-resources/ehb.html https://www.cms.gov/CCIIO/Resources/Fact-Sheets-and-FAQs/Downloads/FAQ-on-the-Impact-of-the-PACE-Act-on-State-Small-Group-Expansion.pdf https://www.cms.gov/CCIIO/Resources/Files/Downloads/association_coverage_9_1_2011.pdf https://www.cms.gov/CCIIO/Resources/Files/Downloads/dwnlds/hipaa_02_02_508.pdf https://www.dol.gov/sites/default/files/ebsa/researchers/analysis/health-and-welfare/summit2014.pdf https://www.ebri.org/pdf/briefspdf/EBRI_IB_432_PlnSwtch.23Mar17.pdf https://www.kff.org/health-reform/issue-brief/2017-premium-changes-and-insurer-participation-in-the-affordable-care-acts-health-insurance-marketplaces/ https://www.siia.org/i4a/pages/index.cfm?pageID=4549 www.budget.senate.gov/imo/media/doc/ERN17500.pdf www.census.gov/programs-surveys/metro-micro.html www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/publications/mewa-under-erisa-a-guide-to-federal-and-state-regulation.pdf Vol. 83, no. 4 Office of the Federal Register, National Archives and Records Administration 2018-01-05 continuing daily deposited born digital 123 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2018-01-05 P0b002ee19d7f8bdf 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr05ja18 https://www.govinfo.gov/app/details/FR-2018-01-05 https://www.govinfo.gov/content/pkg/FR-2018-01-05/pdf/FR-2018-01-05.pdf https://www.govinfo.gov/content/pkg/FR-2018-01-05/xml/FR-2018-01-05.xml fdlp 589 703 DGPO 2018-10-26 2024-06-01 FR-2018-01-05 machine generated eng FR FR-2018-01-05 83 4