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Prepared by Mike Ewing, J.D.
Director of Research
United Actuarial Services, Inc.
(317) 580-8659
Fax (317) 580-8651
email: mewing@unitedactuarial.com
© United Actuarial Services, Inc. 2010
2010-43
June 15, 2010
Regulations On “Grandfathered” Status Posted
Collectively Bargained Plans DO NOT Have Delayed
Effective Date for Complying With Health Care Reform Law
The Departments of Labor (DOL), Health and Human Services (HHS) and Treasury
(IRS) jointly posted pre-publication copy of Interim Final Rules for Group
Health Plans and Health Insurance Coverage Relating to
Status as a
Grandfathered Health Plan under the Patient Protection and Affordable
Care Act. We will refer to the health reform laws collectively as “The Affordable
Care Act.” These regulations are scheduled to be published in the Federal Register
on June 17, 2010. The pre-publication version is available by “clicking here” or at:
of just the ERISA set of regulations with a Table of Contents added is available by
“
In addition to the regulations, there was a set of 19 Questions and Answers (Q&As)
issued at: http://www.healthreform.gov/about/grandfathering.html. A specially
prepared version with a Table of Contents added is available by “clicking here.”
Grandfathered Status and Collectively Bargained Plans – NO DELAY
Before discussing the regulation, we will note the Preamble and regulations answer
several questions pertaining to collectively bargained plans
and the “grandfather
rule.” A “grandfathered” health plans is one that existed on March 23, 2010, when
The Affordable Care Act became a law. Grandfathered plans are exempt from some
of the new law’s provisions.
CLIENT BULLETIN
Collectively bargained plans existing on March 23, 2010 must comply
with The Affordable Care Act provisions applicable to non-collectively
bargained grandfathered plans
by the first Plan Year on or after
September 23, 2010.
For calendar year plans, that is January 1, 2011.