Outcome of employment lawsuit could promote use of skimpy health plans

September 15, 2026 / 5:00 AM EDT / KFF Health News

Outcome of employment lawsuit could promote use of skimpy health plans

TL;DR

  • A lawsuit against the Department of Labor could redefine 'employee' status, potentially allowing access to job-based health plans that bypass ACA consumer protections.
  • The case involves Data Marketing Partnership seeking to classify limited partners, who share internet data, as employees to offer them insurance plans not subject to robust state regulations or ACA essential health benefits.
  • Health policy analysts express concern that a settlement could encourage the proliferation of 'junk plans' that are cheaper but offer less comprehensive coverage and leave consumers vulnerable.
  • States are actively taking action against similar 'limited partnership' insurance offerings, citing concerns about inadequate coverage and consumer protection.
  • Proponents argue these plans offer a needed alternative for individuals who earn too much for ACA subsidies, while critics fear they could destabilize insurance markets by attracting healthier individuals away from ACA plans.