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Plans Trading Health Benefits for Data Tracking Touted on Appeal

June 15, 2021, 8:11 PM

A low-cost health insurance alternative covering people who have agreed to have their internet data tracked is a valid ERISA plan, and the Labor Department’s contrary conclusion is arbitrary and invalid, two data tracking partnerships told the Fifth Circuit Tuesday.

The health plans offered by Data Marketing Partnership LP and LP Management Services LLC allow tens of thousands of people to “parlay their internet usage into a business opportunity” by trading the valuable data they generate for health coverage, the partnership said in an appellate brief. The Labor Department’s advisory opinion refusing to recognize the plans under the Employee Retirement ...

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