DOL Changes Compliance Date for the Summary of Benefits and Coverage
On November 17, 2011, the Department of Labor (DOL) responded to comments relating to the requirement under PPACA that group health plans distribute the Summary of Benefits and Coverage (SBC) forms. The DOL stated that until final regulations are issued and applicable, plans are not required to comply with section 2715 of PPACA, Summary of Benefits and Coverage and Uniform Glossary. The proposed compliance date of 3/23/2012 is no longer the target date.
It is unclear what the new compliance date will be, but the Departments state that they will give group health plans sufficient time to comply.
The DOL, HHS, and IRS (the Departments) have jointly issued a new set of FAQs (Part VII) addressing PPACA’s summary of benefits and coverage (SBC) requirement. The FAQs can be found at http://www.dol.gov/ebsa/faqs/faq-aca7.html
The Departments received many comments on the proposed regulations and templates and intend to issue, as soon as possible, final regulations that take into account these comments and other stakeholder feedback.
PHS Act section 2715 provides that group health plans and health insurance issuers shall provide the Summary of Benefits and Coverage and Uniform Glossary pursuant to standards developed by the Departments. Accordingly, until final regulations are issued and applicable, plans and issuers are not required to comply with PHS Act section 2715.
It is anticipated that the Departments’ final regulations, once issued, will include an applicability date that gives group health plans sufficient time to comply.
