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Title: DHHS to Court 10-17-2013 - A majority of group health plans will have lost their grandfather status by the end of 2013
Source: U.S. District Court, District of Columbia
URL Source: http://www.scribd.com/doc/185307987 ... ndfather-status-by-the-end-201
Published: Nov 18, 2013
Author: nolu chan
Post Date: 2013-11-18 21:54:01 by nolu chan
Keywords: None
Views: 1571
Comments: 3

DHHS to Court 10-12013 - A majority of group health plans will have lost their grandfather status by the end of 2013

nolu chan
November 18, 2013

Priests for Life et al v. United Stated Department of Health and Human Services et al, DCDC 1:13-cv-01261-EGS, case filed 08/19/2013

Document 13, Memorandum in opposition to re 8 MOTION for Sumary Judgment filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITEDSTATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OFTHE TREASURY. (Attachments: # 1 Statement of Facts Defendants' Response to Plaintiffs' Statement of Facts)(Berwick, Benjamin) (Entered: 10/17/2013)

Argument of DHHS at page 27:

"Even under the grandfathering provision, it is projected that more group health plans will transition to the requirements under the regulations as time goes on. Defendants have estimated that a majority of group health plans will have lost their grandfather status by the end 2013."

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#1. To: All (#0)

TITLE correction:

DHHS to Court 10-17-2013 - A majority of group health plans will have lost their grandfather status by the end of 2013

nolu chan  posted on  2013-11-18   22:00:23 ET  Reply   Trace   Private Reply  


#2. To: All (#0)

What the Obama Administration Cited

Priests for Life, Doc 13 at pages 26-27:

see also 78 Fed. Reg. at 39,887, AR at 19. Even under the grandfathering provision, it is projected that more group health plans will transition to the requirements under the regulations as time goes on. Defendants have estimated that a majority of group health plans will have lost their grandfather status by the end 2013. See id. at 34,552; see also Kaiser Family Foundation and Health [27] Research & Educational Trust, Employer Health Benefits 2012 Annual Survey at 7-8, 190, AR at 663-64, 846.

At cited 38 Fed. Reg 34,552:

[Department of Health and Human Services, 45 CFR Part 147, Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient Protection and Affordable Care Act; Interim Final Rule and Proposed Rule]

e. Estimates for 2011–2013 Estimates are provided above for the percentage of employers that will retain grandfather status in 2011. These estimates are extended through 2013 by assuming that the identical percentage of plan sponsors will relinquish grandfathering in each year. Again, to the extent that the 2008–2009 data reflect plans that are more likely to make frequent changes in cost sharing, this assumption will overestimate the number of plans relinquishing grandfather status in 2012 and 2013.

Under this assumption, the Departments’ mid-range estimate is that 66 percent of small employer plans and 45 percent of large employer plans will relinquish their grandfather status by the end of 2013. The low-end estimates are for 49 percent and 34 percent of small and large employer plans, respectively, to have relinquished grandfather status, and the high-end estimates are 80 percent and 64 percent, respectively.

Kaiser Family Foundation and Health Research & Educational Trust, Employer Health Benefits 2012 Annual Survey

At 8:

Less than half of covered workers are in grandfathered plans, a reduction from last year. The survey will continue to monitor employers’ responses to health reform and other changes in the insurance market. <

At 190:

Firms must decide whether to grandfather their insurance plans, which limits the changes they can make to their plans, or whether to comply with the full set of new health reform requirements.

Fifty-eight percent of firms offering health benefits report that they have at least one health plan that is a grandfathered plan in 2012 (Exhibit 13.1), lower than the 72% of offering firms with a grandfathered plan in 2011.

Looking at worker enrollment, 48% of covered workers are enrolled in a grandfathered health plan in 2012, down from 56% in 2011 (Exhibit 13.3).

nolu chan  posted on  2013-11-19   2:29:35 ET  Reply   Trace   Private Reply  


#3. To: All (#0) (Edited)

In November 2013, in Halbig v. Sebelius, "the government's attorney, Joel L. McElvain, said, 'There is no such thing as an individual mandate. It's a tax.'"

nolu chan  posted on  2013-11-19   12:26:14 ET  Reply   Trace   Private Reply  


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