In Alliance of Health Care Sharing Ministries v. Conway, (D CO, Jan. 13, 2025), a Colorado federal district court refused to issue a preliminary injunction to prevent enforcement of Colorado's reporting requirement for health care sharing plans, most of which are religiously affiliated. The court said in part:
The Alliance has not made a showing—strong or otherwise—that it is likely to succeed on the merits of any of its claims. First, the Alliance has not demonstrated that the Reporting Law is not neutral or generally applicable, or that it is not rationally related to a legitimate government interest. Accordingly, the Alliance has not shown that it is likely to succeed on the merits of its free exercise claim. Second, generally applicable administrative and recordkeeping regulations like the Reporting Law do not violate the Establishment Clause. The Alliance is therefore unlikely to succeed on the merits of its Establishment Clause claim. Third, the Alliance has not shown that the Reporting Law’s requirement that the Alliance’s members disclose certain third-party vendors poses any risk of chilling the Alliance’s members’ First Amendment associational rights. Thus, the Alliance’s challenge to the Reporting Law on freedom-of-association grounds is unlikely to succeed. Fourth and finally, the Alliance has not shown that the Reporting Law—in compelling the Alliance’s members divulge their marketing materials and to report factually accurate operations data—violates the Alliance’s members’ free speech rights. The Alliance therefore has not shown that it is likely to succeed on the merits of its free speech claim.
In a motion filed Jan. 28 (full text), plaintiff seeks an injunction pending appeal.
