Top Democrats File Amicus Brief in Opposition to the Labor Department’s New Rule to Undermine Affordable Care Act
“The effect of these changes will be, as the Rule frankly acknowledges, to undermine the protections that the ACA put in place.”
WASHINGTON ? Last week, House Democratic leaders filed an amicus brief in Sate of New York v. Department of Labor in opposition to the Department of Labor’s new rule which loosens the existing criteria regarding association health plans (AHPs) under the Affordable Care Act (ACA).
In June, the Department of Labor finalized a new rule to alter the definition of “employer” under the Employee Retirement Income Security Act (ERISA), the federal law that governs employee group health plans. The rule undermines the consumer protections that the ACA put in place, allowing association health plans to skirt their responsibility under the ACA.
“The effect of these changes will be, as the Rule frankly acknowledges, to undermine the protections that the ACA put in place,” the Members wrote. “The Department of Labor’s creation of this giant loophole in the Affordable Care Act’s protections runs contrary to the structure of the Act.”
In the brief, the Members also note that Congress’ long and consistent history of rejecting legislation that would permit AHPs—including its rejection of such a proposal during the debate over the ACA.
The following Members signed the brief:
Rep. Nancy Pelosi, Democratic Leader
Rep. Steny H. Hoyer, Democratic Whip
Rep. James E. Clyburn, Assistant Democratic Leader
Rep. Joseph Crowley, Democratic Caucus Chair
Rep. Linda T. Sánchez, Democratic Caucus Vice-Chair
Rep. Robert C. “Bobby” Scott, Ranking Member, Committee on Education and the Workforce
Rep. Frank Pallone, Ranking Member, Committee on Energy Commerce
Rep. Jerrold Nadler, Ranking Member, Judiciary Committee
Rep. Richard E. Neal, Ranking Member, Committee on Ways and Means
Democratic Press Office: 202-226-0853
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