Grandfathered Plans

Government Resources
Analysis

Government Resources

The HHS, EBSA and IRS have released an amendment to the interim final rules relating to the specifications of grandfathered status for group health plans and health insurance coverage. The amendment allows group health plans to change insurers without losing grandfathered status so long as the structure of the coverage doesn’t violate one of the other rules for maintaining grandfathered plan status. The amendment is effective November 15, 2010 but public comments about the amendment may be submitted through December 17, 2010.

• Amendment to the Interim Final Rules, 11/17/10 
• Proposed Rules, 11/17/10 
• Fact Sheet, 11/15/10 

The HHS, EBSA and IRS have released interim final regulations that outline what is required to maintain grandfathered health plan status under the Affordable Care Act. Public comments on the regulations will be accepted until August 16, 2010.

• Interim Final Rules, 6/17/10 
• Summary Chart, 6/28/10
• Fact Sheet, HHS, 6/14/10 
• FAQs, HHS, 6/15/10 
• Table of Provisions Applicable to Grandfathered Plans, EBSA, 6/17/10 
• Model Disclosure Notice, EBSA, 6/17/10
  • Spanish version 
• Public Comments 

Analysis

• DOL Begins Enforcing the ACA through Plan Audits, 4/17/12 (New) 
• Revisiting Grandfathered Status for 2012, Spencer Fane, 8/16/11  
• "Grandfathered" Plan Status: How to Maintain "Grandfathered" Status, McKenna, Long and Aldridge, 4/15/11
• DOL, Treasury, and HHS Issue Additional FAQs (Part VI) on Grandfathered Health Plans under PPACA, Buck Consultants, 4/13/11  
• Agencies Release Sixth Set of FAQs on Affordable Care Act, Aon Hewitt, 4/5/11  
• Departments Revise Affordable Care Act’s Grandfathering Rules to Permit Change in Insurers, Segal, 1/5/11 
• Agencies Amend Health Act Regulations to Provide that Grandfathered Status is not Lost Because of a New Policy or Issuer, Buck Consultants, 11/23/10 
• Grandfathered Plan Rules Recently Expanded and Clarified, Davis Wright Tremaine, 11/18/10 
• Amendment to Regulation on “Grandfathered” Health Plans under the PPACA, Proskauer Rose, 11/16/10 
• Additional Guidance Released on Notice of Grandfather Status, Buck Consultants, 11/2/10 
• Grandfathering Health Plans: Take Action Now, Davis Wright Tremaine, 10/5/10 
• Additional Clarifications Issued for Non-Grandfathered Plans, Buck Consultants, 10/1/10  
• The Keys to Maintaining Grandfather Status (If Desired) and Upcoming Notice Obligations, Patterson Belknap Webb & Tyler, 10/1/10 
• To Grandfather or Not to Grandfather - What Does It Really Mean?, Haynes Boone, 9/20/10 
• Even As Reform Pushes Up Benefit Cost, Employers Will Take Steps to Hold 2011 Increase to 5.9%, Mercer, 9/8/10 
• Nine Out of 10 U.S. Companies Anticipate Losing Grandfather Status Under Health Care Reform, Hewitt, 8/10/10; Survey Highlights, 8/19/10 
• To Grandfather or Not: Affordable Care Act Requirements, Dinsmore & Shohl, 8/3/10 
• How to Keep Grandfathered Status Under Health Reform Rules, Mercer, 7/2/10   
• Health Care Reform Compliance Alert: IRS, DOL & HHS Issue Final Regulations on Grandfathered Plan Status, Michael Best & Friedrich, 6/22/10 
• Healthcare Reform: Long-Awaited “Grandfathered” Regulations Released – What Do Employers Need to Know?, Littler Mendelson, 6/22/10 
• Surprise for Employers: No Collective Bargaining Exception Under Health Care Reform, Jones Day, 6/22/10 
• Health Care Reform: Grandfathered Health Plan Interim Final Regulations Released, Proskauer Rose, 6/21/10 
• Agencies Release Interim Final Rules on Grandfather Status, Hewitt, 6/17/10 
• Departments of Treasury, Labor, and Health and Human Services Publish Interim Final Rules Implementing “Grandfather” Rules under Health Care Reform, Mintz Levin, 6/16/10 
• Health Care Reform Law: Grandfathered Plan Guidance Issued, Aon, 6/16/10 
• "Grandfather" Status Under PPACA -- Interim Final Rules, Groom Law Group, 6/15/10