February 7, 2011 notice deadline for plans that obtained waiver of annual limit rules

As a condition of receiving a waiver from the annual limit requirements under Health Care Reform, a group health plan must provide a notice to eligible participants.  OCIIO guidance 2010-1B issued last December provides a sample notice with the requirement that it be displayed “in clear, conspicuous 14 point bold type on the front of materials”.  For plans that have already been approved for a waiver for plan years beginning before February 1, 2011 or that will receive approvals for plan years that begin before February 1, 2011, the notice must be provided by February 7, 2011.  For plan years beginning on or after February 1, 2011, the notice must be provided to eligible participants as part of any informational or educational materials and also in any plan documents evidence coverage that is sent to enrollees such as enrollment material or summary plan descriptions.