Fifth Circuit Upholds Ruling Greenlighting Non-ACA Arrangements

On August 17, 2022, the Fifth Circuit Court of Appeals largely upheld a district court decision to reject a Department of Labor (Labor) advisory opinion that would have restricted a new arrangement designed to avoid major Affordable Care Act (ACA) protections and state regulation of private health insurance. The Fifth Circuit then remanded the case back to the district court on the question of whether Labor can be enjoined from refusing to recognize this new arrangement under ERISA.

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