The departments of the Treasury, Labor, and Health and Human Services yesterday asked for public input on how they might help group health plans and issuers preserve their grandfathered status under the Affordable Care Act in ways that are consistent with the law and would benefit employers, employee organizations, plan participants and other stakeholders. The agencies in 2015 issued a final rule on "grandfathered" health plans, which are exempt from certain ACA coverage requirements. “[T]he fact that a significant number of grandfathered group health plans remain indicates that some employers and issuers have found value in preserving grandfathered status, and that some consumers, when given the choice between grandfathered and non-grandfathered employer plans, have found value in choosing to remain in their grandfathered group health plans and coverage,” the request for information states. About 16 percent of American workers with employer-sponsored coverage were enrolled in a grandfathered group health plan in 2018, down from 56 percent in 2011, according to the Kaiser Family Foundation’s annual Employer Health Benefits Survey. The RFI will be published in Monday’s Federal Register with comments accepted for 30 days.

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