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LEGAL NEWSLINE

Friday, September 27, 2024

Health care sharing ministries challenge new Colorado law

Lawsuits
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Murray | https://www.paulhastings.com/

DENVER (Legal Newsline) - A law against health care sharing ministries runs afoul of the U.S. Constitution, a lawsuit filed in Colorado says.

The Alliance of Health Care Sharing Ministries filed a lawsuit May 16 in Colorado federal court against the Colorado Division of Insurance and its Commissioner, Michael Conway, challenging a new state law and regulation. 

The plaintiff claims that the law unfairly targets religious organizations by imposing extensive reporting requirements that infringe on their First Amendment rights. These requirements include detailed disclosures about their operations, finances, and affiliations, which the Alliance argues will lead to excessive government entanglement with religion.

Health care sharing ministries have their members pay into a fund to be used by all, rather than individuals obtaining health insurance.

The lawsuit asserts that Colorado's approach is unique in the nation and violates both the Free Exercise Clause and the Establishment Clause of the U.S. Constitution. 

The plaintiff seeks declaratory and injunctive relief to prevent enforcement of the law, arguing it imposes significant compliance costs and threatens severe financial penalties for non-compliance.

Michael Murray and William Mahoney of Paul Hastings LLP represent the plaintiff.

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