In the late 1990s federal legislation had been proposed to “create federally-recognized Association Health Plans which was then “referred to in some bills as ‘teamcare. The National Association of Insurance Commissioners (NAIC), which is the “standard-setting and regulatory of chief insurance regulators from all states, the District of Columbia and territories, cautioned against implementing AHPs citing “plan failures like we saw The Multiple Employer Welfare Arrangements (MEWAs) in the 1990s. Small businesses in California such as dairy farmers, car dealers, and accountants created AHPs “to buy health insurance on the premise that a bigger pool of enrollees would get them a better deal. A November 2017 article in the Los Angeles Times described how there were only 4 remaining AHPs in California. Many of the AHPs filed for bankruptcy, “sometimes in the wake of fraud.” State legislators were forced to pass “sweeping changes in the 1990s” that almost made AHPs extinct.
According to a 2000 Congressional Budget Office (CBO) report, Congress passed legislation creating “two new vehicles Association Health Plans (AHPs) and HealthMarts, to facilitate the sale of health insurance coverage to employees of small firms” in response to concerns about the “large and growing number of uninsured people in the United States.
In 2003, according to the Heartland Institute’s Merrill Matthews, association group health insurance plans offered affordable health insurance to “some 6 million Americans.” Matthews responded to the criticism that said that some associations work too closely with their insurance providers. He said, “You would expect the head of AARP to have a good working relationship with the CEO of Prudential, which sells policies to AARP’s seniors.
In March 2017, the U.S. House of Representatives passed The Small Business Health Fairness Act (H.R. 1101), which established “requirements for creating a federally-certified AHP, including for certification itself, sponsors and boards of trustees, participation and coverage, nondiscrimination, contribution rates, and voluntary termination.
AHPs would be “exempt from most state regulation and oversight, subject only to Employee Retirement Income Security Act (ERISA) and oversight by the U.S. Department of Labor, and most proposals would also allow for interstate plans.