Judge Pays Particular Attention To Trump Administration's Intent Over Expanding Association Health Plans

U.S. District Judge John Bates seemed to express skepticism over the reason the Trump administration gave for expanding association health plans. "The case seems to me a dispute between Congress and the administration — an executive dispute with a former Congress," Bates said near the end of the Justice Department's arguments.

The Trump administration's paper trail of Obamacare criticism could spell trouble for newly expanded association health plans. U.S. District Judge John Bates on Thursday repeatedly challenged the Justice Department's assertion that the Trump administration's final rule on association health plans, or AHPs, didn't aim to reshape the Affordable Care Act exchanges. The judge appeared to take the Trump administration's intent very seriously as he pondered whether the Department of Labor overstepped its authority in expanding AHPs — the argument at the heart of Democratic state attorneys general's lawsuit to overturn the final rule. (Luthi, 1/24)

In other health law news —

Wisconsin Attorney General Josh Kaul (D) on Thursday told newly sworn-in Wisconsin Gov. Tony Evers (D) that he does not have the authority to withdraw the state from a lawsuit filed by 20 states seeking to overturn ObamaCare. The state signed on to the lawsuit under the previous Republican-led administration. (Hellmann, 1/24)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.

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