Distribute Notice of Grandfathered Status

ERISA and non-ERISA grandfathered plans subject to health care reform

Notice of grandfathered status should be provided to plan participants no later than the first day of each plan year with respect to which the plan maintains grandfathered status.

This notice can be included in open enrollment or other annual plan materials supplied to plan participants.

No filing requirement.

Plan participants and beneficiaries

Grandfathered health plans under the Affordable Care Act (ACA) are those existing without major changes to their provisions since March 23, 2010, the date of the ACA’s enactment. As employers determine their plan designs for the coming year, those with grandfathered plans must decide if maintaining that status is their best option.

Grandfathered plans are responsible for including a notice about the plan’s grandfathered status in significant participant communications, such as enrollment materials and summary plan descriptions. (The notice does not need to be included with the SBC or EOBs.)

The Department of Labor has assembled resources to assist in meeting this requirement, including a Microsoft Word template.