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On June 21, 2018, the Department of Labor published the final association health plan (“AHP”) rule, which can be accessed at: https://www.gpo.gov/fdsys/pkg/FR-2018-06-21/pdf/2018-12992.pdf. 83 FR 28912 (June 21, 2018). The final rule is short, just shy of three pages in length (see page 28961 to 29964), and provides that a bona fide group or association shall be deemed to be able to act in the interest of an employer within the meaning of section 3(5) of ERISA by satisfying the criteria set forth in the final rule. The requirements are relatively straightforward and are summarized below:
- Bona fide group or association of employers – There are eight requirements that must be met to satisfy this standard.
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