Phil Scott issues executive order that would allow age-based health insurance premiums

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Small Business Insurance Reform: State Regulators Explore Alternative Coverage Models

The Rhode Island Department of Business Regulation (DBR) is currently evaluating pathways to expand health insurance options for small businesses, aiming to move beyond the constraints of the Affordable Care Act (ACA) marketplace. According to official state directives, the DBR is tasked with identifying alternative coverage models that could lower premiums and increase plan flexibility for employers with fewer than 50 employees. This initiative seeks to address persistent concerns regarding rising health care costs and the limited choice of providers available to small firms in the current group market.

Evaluating Alternative Insurance Options for Small Employers

Evaluating Alternative Insurance Options for Small Employers

The regulatory review focuses on whether Rhode Island can implement or expand access to Association Health Plans (AHPs) or similar group-purchasing arrangements. Under the current federal framework, AHPs allow small businesses within the same industry or geographic region to band together to purchase health coverage as a single large group.

Data from the [U.S. Department of Labor](https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/affordable-care-act/for-employers-and-advisers/association-health-plans) suggests that these plans may offer more competitive pricing by leveraging the bargaining power typically reserved for large corporations. However, regulators are weighing these potential cost savings against the risk of market fragmentation. Critics of such models, including various consumer advocacy groups, often note that shifting healthier small groups into separate plans can leave the remaining ACA-compliant risk pool with higher concentrations of high-cost patients, potentially driving up premiums for those left behind.

Comparing Traditional ACA Plans and Emerging Models

Governor Scott issues new executive order allowing the state to keep using federal funding

The following table highlights the primary differences between standard small group market plans and the alternative models currently under consideration by state regulators.

| Feature | ACA Small Group Market | Association Health Plans (AHPs) |
| :— | :— | :— |
| Regulation | Subject to strict federal essential health benefit mandates. | May have more flexibility on covered benefits. |
| Pricing | Based on community rating; limited age/tobacco adjustments. | Often based on the risk profile of the association members. |
| Eligibility | Open to all small employers. | Generally restricted to specific trade or professional groups. |

Regulatory Hurdles and Federal Compliance

Regulatory Hurdles and Federal Compliance

Any transition toward alternative insurance models must comply with both state insurance statutes and the federal [Employee Retirement Income Security Act (ERISA)](https://www.dol.gov/general/topic/health-plans/erisa). The DBR’s directive emphasizes that any new framework must ensure that small business employees retain adequate protections against coverage denial based on pre-existing conditions.

Previous attempts to expand non-ACA compliant plans in other states have faced legal challenges regarding their impact on the stability of the individual and small group markets. In Rhode Island, the DBR is expected to issue a report detailing the feasibility of these models, specifically analyzing how they would interact with the state’s existing health insurance exchange, HealthSource RI.

Market Outlook for Rhode Island Small Businesses

The move to explore these alternatives reflects broader national trends where states are seeking localized solutions to health care affordability. For small business owners, the core objective remains the stabilization of annual premium increases, which have frequently outpaced inflation.

While the DBR evaluates these options, no immediate changes to existing insurance requirements for small businesses have been finalized. The department’s ongoing assessment will likely serve as the foundation for potential legislative proposals in the upcoming session, focusing on balancing the need for lower-cost premiums with the preservation of comprehensive coverage standards. Future developments will depend on the DBR’s findings regarding the fiscal impact on the state’s insurance risk pool and the ability of new models to offer sustainable, long-term coverage solutions.

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