Grandfather clause

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Grandfather clause

A provision included in a new rule or regulation that exempts a business that is already conducting business in the area addressed by the regulation from penalty or restriction.

Grandfather Clause

A clause in a new law, regulation, or anything else that exempts certain persons or businesses from abiding by it. For example, suppose a country passes a law stating that it is illegal to own a cat. A grandfather clause would allow persons who already own cats to continue to keep them, but would prevent people who do not own cats from buying them. Grandfather clauses are controversial, but they are also relatively common.

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To keep grandfathered status after switching carriers or policies, an employer must show the new carrier that the new plan will be similar enough to the old plan to qualify for grandfathered status, officials say.

Grandfathers can shop around

The Regulations provide that if any of the following changes are made to a group health plan, the plan will lose its grandfathered status:

National Health Care Reform: The Keys to Maintaining Grandfathered Status (If Desired) and Upcoming Notice Obligations

Some organizations representing employers have submitted comment letters requesting changes in the interim regulations regarding grandfathered status.

Heading into open enrollment, companies adjust health plans

Two final notes: 1) Employers who made a plan change between March 23 and June 14 can return to their previous plan and remain grandfathered.

Is grandfather dead?

Details on the routine changes insurers and employers can make without losing their grandfathered status and the projected impact on large and small employer plans are highlighted in the administration's Fact Sheet: Keeping the Health Plan You Have: The Affordable Care Act and "Grandfathered" Health Plans (www.

Administration releases new health care rules: the regulations could make it harder for companies to retain their current health plan

Additionally, grandfathered plans are allowed to add new benefits or beneficiaries, make modest adjustments to existing benefits, voluntarily adopt new consumer protections, or make changes to comply with state or other federal laws.

New rules provide health plan guidance

From grandfathered plans, the Labor Department is asking for copies of grandfathered status disclosure documents and documents showing that the plans qualify for grandfathered status, the compliance specialists say.

Proskauer Rose: Feds Are Auditing PPACA Compliance

Over the years, the Service has issued numerous rulings on changes that will cause a trust to lose its grandfathered status.