WHAT LAWS AND REGULATIONS ARE STILL APPLICABLE TO GRANDFATHERED PLANS?
In making grandfathered health plans subject to some but not all of the health reforms contained in PPACA, the statute attempts to balance its objective of preserving the ability to maintain existing coverage with the goals of expanding access to and improving the quality of health coverage. The interim final regulations clarify that a grandfathered health plan must continue to comply with the requirements of the PHS Act, ERISA and the Code that were applicable prior to the changes enacted by PPACA, except to the extent supplanted by changes made by PPACA. Therefore, the HIPAA portability and nondiscrimination requirements and the Genetic Information Nondiscrimination Act requirements applicable prior to the effective date of PPACA continue to apply to grandfathered health plans. In addition, the mental health parity provisions, the Newborns’ and Mothers’ Health Protection Act provisions, the Women’s Health and Cancer Rights Act and Michelle’s Law continue to apply to grandfathered hea
