Department of Labor proposes to rescind 2018 rule that expanded availability of association health plans

The Department of Labor Dec. 19 proposed rescinding a 2018 final rule that modified the definition of “employer” under federal law such that more individuals, including sole proprietors, were eligible to participate in association health plans based on geography or industry. That provision was previously vacated by a federal judge in 2019 and was appealed by the Trump Administration. In 2021, a stay was requested by the Biden Administration while it worked on a proposed rule to rescind the 2018 final rule.