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Delay on ACA Compliance for Expatriate Insured Health Plans

Apr 15, 2013

On March 8th, 2013, the Departments of Labor, Health and Human Services, and Treasury issued a Frequently Asked Questions (FAQs) indicating a temporary delay for fully insured expatriate health plans to comply with most Affordable Care Act (ACA) provisions. Self-funded plans must comply with all applicable ACA provisions.
The FAQ guidance for fully-insured expatriate health plans, communicates the following key pieces of information:
The FAQ was notably silent on the issue of compliance with the insurer tax provisions. However, a final ruling clarifies that expatriate plans are excluded for purposes of determining a contributing entities annual reinsurance contribution. The FAQ did not address how the Health Insurer Fee (HIF) will be applied to expatriate plans. Until we hear guidance to the contrary, we will continue to be impacted by this tax.

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