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ARTICLE · 24 JUNE 2010

Interim Rule on Grandfathered Group Health Plans Released

Sutherland Asbill & Brennan LLP
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The federal agencies charged with drafting regulations under the Patient Protection and Affordable Care Act (PPACA) have released long-awaited interim final regulations on the application of PPACA’s grandfather provisions.

United StatesTax
Vanessa Scott
Vanessa Scott

Originally published June 16, 2010

The federal agencies charged with drafting regulations under the Patient Protection and Affordable Care Act (PPACA) have released long-awaited interim final regulations on the application of PPACA's grandfather provisions. A fact sheet describing the regulations and a list of frequently asked questions were also posted on the healthreform.gov Web site. In a prior Legal Alert, we outlined the 10 most frequently asked questions concerning grandfathered coverage. This Legal Alert revisits those issues and highlights the guidance in the interim final regulations.

Q-1: What is grandfathered group health coverage under the regulations?

A-1: Grandfathered group health coverage is coverage under an insured or self-insured plan in which an individual was enrolled on March 23, 2010, as long as (a) the coverage complies with the maintenance provisions of the regulations (see Q&A-6 below) and (b) the anti-abuse enrollment rules are not

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