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Association Health Plans

Background
In recent years, small business organizations have strongly supported efforts to enact legislation to allow small employers to band together and purchase health coverage through new, Federally regulated “quasi-insurance” plans offered by associations. Proponents have argued that Association Health Plans (AHPs) need exemption from state regulation to lower costs and improve access to health insurance and to level the playing field between small and large employers, allowing small employers to compete with larger employers that now have the option of exempting themselves from state regulation by self-insuring the health plans they offer. President Bush has announced his support for AHPs, and bills have been introduced in the 109th Congress to provide for them.

However, several aspects of proposed AHP legislation also pose serious risks for consumers. For AAGP, a particular concern is that AHPs would be exempt from state oversight and regulation, which means that important state consumer protections would be lost. Many states have enacted mandates designed to ensure consumers will get the insurance coverage they paid for, including requirements for mental health benefits.

AHPs also would be allowed to “cherry pick” health risk, discriminating in offering coverage by industry, benefit package design, geographical categories, and health status, a problem that would drive up the cost of coverage for less healthy individuals left behind in the state regulated market and causing some employers to drop coverage altogether.

Finally, in place of very specific and stringent state regulation, with state insurance commissioners often playing an active role in protecting consumers from fraud and insolvencies, AHP legislation would establish only nominal and inadequate Federal standards and oversight.

AAGP Position
AAGP has joined a broad coalition of health care professional and consumer organizations in opposing Federally regulated Association Health Plans.

March 2005

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