Determining, Establishing and Maintaining Grandfathered Status Under Federal Health Reform

Federal health reform allows certain plans in existence on March 23, 2010 to remain unaffected by a limited number of health care provisions. On June 17, 2010, three federal agencies jointly issued interim final regulations on grandfathered plans and provide specific guidance on:

• Maintaining grandfathered status through disclosure obligations
• Required record keeping
• Transition provisions allowing grandfathering for plans that may have made disqualifying changes

The regulations generally are effective immediately.

HUB's Client Bulletin dated May 5, 2010 describes the general rules on grandfathered plans as known prior to the release of these regulations. That Bulletin explains the rule, its scope and the limited information on plan changes known at that time. When referring to it for background information, remember the regulations clarify and even supersede some of the initial interpretations. Grandfathered Status PDF Download.