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ACA Now

1251 - Preservation of Right to Maintain Existing Coverage

 
Implementation Status 
Statutory Text 

Summary

Amended by section 10103 of the Manager’s Amendment and section 2301 of HCERA. Affirms no requirement to terminate existing coverage. Generally provides that subtitle C (“insurance market reforms”) and subtitle A (“immediate improvements”) and their amendments do not apply to a group health plan or health insurance coverage in which an individual was enrolled on March 23, 2010, regardless of subsequent renewal.

Applies PHSA sections 2715 (summary of benefits and coverage) and 2718 (medical loss ratio) to grandfathered health plans for plan years beginning on or after the date of enactment. For plan years beginning with the first plan year to which such provisions otherwise apply, applies PHSA sections 2708 (excessive waiting periods); 2711 (lifetime limits); 2712 (rescissions); 2714 (dependent coverage) to grandfathered health plans, and applies PHSA 2711 (annual limits) and 2704 (preexisting condition exclusions) to grandfathered group plans.

Notes that for plan years beginning before January 1, 2014, the provisions of PHSA section 2714 regarding coverage of a dependent adult child only apply to grandfathered group health plans if the adult child is not eligible to enroll in another eligible employer-sponsored health plan.

Effective March 23, 2010.

#Insurance Reform

Implementation Status

 
Summary 
Statutory Text 

Grandfathered health plan provisions are in effect. CCIIO maintains a homepage with implementation information on this topic.

DOL posted a chart on its website illustrating various ACA provisions’ applicability to grandfathered plans while noting that the document does not constitute guidance.

2010

A June 17, 2010, interim final rule (IFR) from Treasury, DOL and HHS implementing grandfathering rules for group health plans and coverage in the individual and group markets (see fact sheet). A November 17, 2010, amendment to the IFR permits certain changes without relinquishing grandfathered status (see fact sheet).

2013

On April 4, 2013, CMS posted a Paperwork Reduction Act Notice regarding grandfathered plans’ recordkeeping and disclosure requirements.

In an April 26, 2013, Q&A on health insurance market reforms, CCIIO addresses the withdrawal of
non-grandfathered business; States’ maintenance of “alternative mechanisms” for HIPAA eligible individuals in light of 2014 guaranteed availability; geographic rating areas; issues associated with the definition of association coverage; and premium adjustment when coverage becomes secondary to Medicare.

On June 28, CMS published a Federal Register Notice pursuant to Paperwork Reduction Act procedures including a reinstatement with change of a previously approved collection of information, “Disclosure and Recordkeeping Requirements for Grandfathered Health Plans under the Affordable Care Act.”

On October 29, the IRS released a Notice regarding information collection procedures currently in effect under the interim final rule regarding grandfathered health plan status, estimating 56,347,000 respondents and 323,000 annual burden hours. Comments are due by December 30.

On Nov. 27, DOL issued a Notice pertaining to ACA grandfathered health plan disclosure, recordkeeping requirements, and changes in carrier disclosure. No changes are proposed for the collection’s ongoing use. Comments are sought by Jan. 2, 2014.

2014

On Feb. 27, Treasury published an information collection notice regarding extensions and/or revisions to currently approved collections pursuant to these sections. Comments on the underlying burden estimates, among other aspects, are due by March 31, 2014.

2016

On Feb. 19, CMS posted a Paperwork Reduction Act package addressing grandfathered plans’ recordkeeping and disclosure requirements.

Statutory Text

 
Implementation Status 
Summary 

SEC. 1251 [42 U.S.C. 18011]. PRESERVATION OF RIGHT TO MAINTAIN
EXISTING COVERAGE.
(a) NO CHANGES TO EXISTING COVERAGE.— (1) IN GENERAL.— Nothing in this Act (or an amendment
made by this Act) shall be construed to require that an individual
terminate coverage under a group health plan or health
insurance coverage in which such individual was enrolled on
the date of enactment of this Act.
(2) CONTINUATION OF COVERAGE.—[As revised by section
10103(d)(1)] Except as provided in paragraph (3), with respect
to a group health plan or health insurance coverage in which
an individual was enrolled on the date of enactment of this
Act, this subtitle and subtitle A (and the amendments made by
such subtitles) shall not apply to such plan or coverage, regardless
of whether the individual renews such coverage after such
date of enactment.
(3) APPLICATION OF CERTAIN PROVISIONS.—[As added by
section 10103(d)(1)] The provisions of sections 2715 and 2718
of the Public Health Service Act (as added by subtitle A) shall
apply to grandfathered health plans for plan years beginning
on or after the date of enactment of this Act.
(4) APPLICATION OF CERTAIN PROVISIONS.—[As added by
section 2301(a) of HCERA]
(A) IN GENERAL.—The following provisions of the Public
Health Service Act (as added by this title) shall apply
to grandfathered health plans for plan years beginning
with the first plan year to which such provisions would
otherwise apply:
(i) Section 2708 (relating to excessive waiting periods).

(ii) Those provisions of section 2711 relating to
lifetime limits.
(iii) Section 2712 (relating to rescissions).
(iv) Section 2714 (relating to extension of dependent
coverage).
(B) PROVISIONS APPLICABLE ONLY TO GROUP HEALTH
PLANS.—
(i) PROVISIONS DESCRIBED.—Those provisions of
section 2711 relating to annual limits and the provisions
of section 2704 (relating to pre-existing condition
exclusions) of the Public Health Service Act (as added
by this subtitle) shall apply to grandfathered health
plans that are group health plans for plan years beginning
with the first plan year to which such provisions
otherwise apply.
(ii) ADULT CHILD COVERAGE.—For plan years beginning
before January 1, 2014, the provisions of section
2714 of the Public Health Service Act (as added
by this subtitle) shall apply in the case of an adult
child with respect to a grandfathered health plan that
is a group health plan only if such adult child is not
eligible to enroll in an eligible employer-sponsored
health plan (as defined in section 5000A(f)(2) of the Internal
Revenue Code of 1986) other than such grandfathered
health plan.
(b) ALLOWANCE FOR FAMILY MEMBERS TO JOIN CURRENT COVERAGE.—With respect to a group health plan or health insurance
coverage in which an individual was enrolled on the date of enactment
of this Act and which is renewed after such date, family
members of such individual shall be permitted to enroll in such
plan or coverage if such enrollment is permitted under the terms
of the plan in effect as of such date of enactment.
(c) ALLOWANCE FOR NEW EMPLOYEES TO JOIN CURRENT
PLAN.—A group health plan that provides coverage on the date of
enactment of this Act may provide for the enrolling of new employees
(and their families) in such plan, and this subtitle and subtitle
A (and the amendments made by such subtitles) shall not apply
with respect to such plan and such new employees (and their families).

(d) EFFECT ON COLLECTIVE BARGAINING AGREEMENTS.—In the
case of health insurance coverage maintained pursuant to one or
more collective bargaining agreements between employee representatives
and one or more employers that was ratified before
the date of enactment of this Act, the provisions of this subtitle and
subtitle A (and the amendments made by such subtitles) shall not
apply until the date on which the last of the collective bargaining
agreements relating to the coverage terminates. Any coverage
amendment made pursuant to a collective bargaining agreement
relating to the coverage which amends the coverage solely to conform
to any requirement added by this subtitle or subtitle A (or
amendments) shall not be treated as a termination of such collective
bargaining agreement.
(e) DEFINITION.—In this title, the term ‘‘grandfathered health
plan’’ means any group health plan or health insurance coverage
to which this section applies.

Browse ACA Titles

  • I-Quality, Affordable Health Care for all Americans
  • II-Role of Public Programs
  • III-Improving the Quality and Efficiency of Health Care
  • IV-Prevention of Chronic Disease and Improving Public Health
  • V-Health Care Workforce
  • VI-Transparency and Program Integrity
  • VII-Improving Access to Innovative Medical Therapies
  • VIII-Community Living Assistance Services and Supports (CLASS ACT)
  • IX-Revenue Provisions

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