Monday, March 21, 2011

Extension of Non-enforcement period relating to Internal Claims and Appeals

Section 2719 of the PHS Act sets forth standards for plans and issuers that are not grandfathered health plans regarding internal claims and appeals and external review. The government published interim final regulations implementing PHS Act section 2719 on July 23, 2010, at 75 FR 43330 (the 2010 interim final regulations).

On September 20, 2010, the Department of Labor issued Technical Release 2010-02 (T.R. 2010-02), which set forth an enforcement grace period for compliance with certain new provisions with respect to internal claims and appeals until July 1, 2011. Based on a review of the comments received on the 2010 interim final regulations and other feedback from interested stakeholders, the government has issued Technical Release 2011-01, which modifies and extends the enforcement grace period set forth in T.R. 2010-02.

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