Novel Employer Health Plan Sent Back to Lower Court

A federal appeals court refused to outright bless a new type of employee health plan that skirts state insurance regulations and Obamacare protections.

The US Court of Appeals for the Fifth Circuit on Wednesday told a trial court to take another look at whether two companies can create an employee health plan under the Employee Retirement Income Security Act (ERISA) that allows individuals to join if they agree to having their internet activity tracked.

Under the arrangement, individuals who agree to have their internet usage tracked for more than 500 hours a year via their phone, TV, and computer become ...