Following an initial set of Frequently Asked Questions (FAQs) issued on September 20, 2010, the Department of Labor’s Employee Benefits Security Administration has released two additional sets of questions and answers dealing with selected issues arising under the Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act (together, the “Act”). While the Department of Labor issued these FAQs, they are the joint effort of the Departments of Health and Human Services, Labor, and the Treasury (collectively, the “Agencies”). We described the highlights of the September 20th FAQs in a recently issued client alert. This advisory summarizes the FAQs issued on October 8, 2010 and October 13, 2010.

The October 8th FAQs

Grandfathered health plans

The Agencies reiterate that, under the grandfather regulations, any one or more of six changes (measured from March 23, 2010) to a health plan or health insurance coverage will cause the plan or coverage to lose grandfather status. The six changes are...