Idaho Insurers File Amicus Brief in Short-Term Plan Lawsuit

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On January 28, 2020, Idaho, along with two insurers selling “Enhanced Short-Term Plans” in the state, Blue Cross Idaho and SelectHealth, filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit. This brief was filed in advance of oral arguments in Association for Community Affiliated Plans v. U.S. Department of Treasury, which are scheduled for March 20, 2020. The amici urge the court to uphold the validity of the 2018 regulation that allows short-term plans to have a duration of 12 months and to be renewed for up to three years. The amici argue that the short-term plan aligns with congressional intent to allow states to have authority over their insurance markets. Additionally, the amici argue that allowing the sale of short-term plans has not resulted in a drop in enrollment numbers in the individual market, as very few consumers have chosen to enroll in enhanced short-term plans.

Click here to review our complete summary of Association for Community Affiliated Plans v. U.S. Department of Treasury.

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