:: DOL Releases Guidance On Grandfathered Health Plans

The Department of Labor’s Employee Benefits Security Administration has posted the following related to grandfathered health plans under the Affordable Care Act: Interim Final Regulation, available at http://www.federalregister.gov/OFRUpload/OFRData/2010-14488_PI.pdf Fact Sheet, available at http://www.healthreform.gov/newsroom/keeping_the_health_plan_you_have.html

:: Plan Administrators Cannot Invoke “SPD Prevails” Rule To Cure Plan Language Deficiencies

Here, there are no terms in the plan which allow it to be amended by inserting into the SPD such critical provisions as the administrator’s discretionary authority to interpret the plan or to determine eligibility …