People Processes

According to commenters, certain populations with specific needs, such as those with disabilities, could be disproportionately affected if their coverage does not include a robust level of benefits. Some of these commenters suggested that to mitigate these effects, the DOL should require AHPs to provide EHBs or some other minimum level of benefits, or require them to provide “minimum value” within the meaning of Code Sec. 36B(c)(2)(C)(ii) and Reg. §1.36B-6. Proponents of the rule, however, while acknowledging concerns that AHPs may provide inadequate benefits, did not believe that “legitimate” membership organizations would risk their goodwill and reputation by offering such health plans. Instead, they argued that economies of scale would enable AHPs to offer more comprehensive coverage to their members than they would be able to purchase on their own. One commenter noted that even though self-insured plans and large group market policies are not required to provide EHBs, most do, in